TAFT CITY COUNCIL/SUCCESSOR AGENCY JOINT REGULAR MEETING AGENDA TUESDAY, FEBRUARY 20, 2018 CITY HALL COUNCIL CHAMBERS 209 E. KERN ST.

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1 TAFT CITY COUNCIL/SUCCESSOR AGENCY JOINT REGULAR MEETING AGENDA TUESDAY, FEBRUARY 20, 2018 CITY HALL COUNCIL CHAMBERS 209 E. KERN ST., TAFT, CA AS A COURTESY TO ALL - PLEASE TURN OFF CELL PHONES Any writings or documents provided to a majority of the City Council regarding any item on this agenda are made available for public inspection in the lobby at Taft City Hall, 209 E. Kern Street, Taft, CA during normal business hours (SB 343). REGULAR MEETING 6:00 P.M. Pledge of Allegiance Invocation Roll Call: Mayor Noerr Mayor Pro Tem Hill Councilmember Bryant Councilmember Krier Councilmember Miller 1. PROCLAMATION SAFE SURRENDER BABY AWARENESS MONTH 2. DISCUSSION WITH PUBLIC INPUT HOMELESS/VAGRANCY/PROPERTY CRIME ISSUES 3. CITIZEN REQUESTS/PUBLIC COMMENTS THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES. 4. COUNCIL STATEMENTS (NON ACTION) 5. PLANNING COMMISSION REPORT 6. DEPARTMENT REPORTS 7. CITY MANAGER STATEMENTS 8. CITY ATTORNEY STATEMENTS 9. FUTURE AGENDA REQUESTS ******************************************************************************************** CONSENT CALENDAR ITEMS 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 February 6, 2018 Regular Recommendation Approve as submitted.

2 City of Taft Council/Successor Agency Meeting Agenda February 20, 2018 Page 2 of PAYMENT OF BILLS Warrant# 02/02/2018 Check No $ 3, Warrant# 02/09/2018 Check No $ 293, Recommendation Approve payment of the bills. 12. SECOND READING ZONING ORDINANCE AMENDMENT NO , TAFT ZONING MAP AMENDMENTS Recommendation Motion to approve and amend the City of Taft Municipal Code adopting an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO , TO AMEND THE ZONING MAP TO REZONE 76 PARCELS FOR CONSISTENCY WITH THE APPLICABLE GENERAL PLAN LAND USE DESIGNATION, WITH NO PROPOSED CHANGES TO THE TEXT OF TITLE 6, ZONING REGULATIONS, OF THE TAFT MUNICIPAL CODE. 13. AUTHORIZATION OF SALE OF 4312 TRUMBULL DRIVE, BAKERSFIELD, CA TO HABITAT FOR HUMANITY GOLDEN EMPIRE Recommendation Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 4312 TRUMBULL DRIVE BAKERSFIELD, CALIFORNIA TO HABITAT FOR HUMANITY GOLDEN EMPIRE FOR $100,000 AND AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. 14. CONTRACT FOR BUILDING OFFICIAL SERVICES WITH MCCLAIN CONSULTING Recommendation Motion to approve contract for Building and Safety Services with McClain Consulting and authorize the Mayor to sign. 15. OUT OF STATE TRAVEL HUMAN RESOURCES LEADERSHIP SUMMIT Recommendation Authorize Lonn Boyer, Director of Human Resources/Assistant City Manager, to attend the Connect Human Resources Leadership Summit in Las Vegas, Nevada April 15-17, APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT NEW ALTERNATIVE FUEL VEHICLE PURCHASE GRANT PROGRAM Recommendation Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM UNDER THE NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS and authorize the sale of the five (5) previously purchased plug in vehicles. 17. TRANSPORTATION DEVELOPMENT ACT FUNDS ANNUAL AUDIT FY Recommendation Motion to receive and file the City of Taft Transportation Development Act Funds Annual Audit for the fiscal year FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2017 TO DECEMBER 2017

3 City of Taft Council/Successor Agency Meeting Agenda February 20, 2018 Page 3 of 3 Recommendation Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the Quarter of October 2017 through December SPECIAL GAS TAX STREET IMPROVEMENT FUND AUDIT REPORT JULY 1, 2015 THROUGH JUNE 30, 2016 Recommendation Motion to receive and file the City of Taft Special Gas Tax Street Improvement Fund July 1, 2015 through June 30, 2016 Audit Report. 20. AUTHORIZING BY RESOLUTION CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM FOR TRANSIT PROJECTS Recommendation Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM. 21. CALIFORNIA TRANSIT SECURITY GRANT PROGRAM FOR FY FUNDING Recommendation Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE CITY MANAGER AND/OR THE FINANCE DIRECTOR TO SUBMIT AN APPLICATION AND ENTER INTO A GRANT AGREEMENT IN THE AMOUNT OF $7, FOR THE STATE OF CALIFORNIA, FUNDING UNDER PROPOSITION 1B, PROVIDED BY CALIFORNIA GOVERNOR S OFFICE OF ENERGENCY SERVICES UNDER THE CALIFORNIA TRANSIT SECURITY GRANT PROGRAM (CTSGP). ****************************************************************************************************** CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Government Code Section (b) one (1) potential case B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section E. San Emidio Street, Taft, CA ADJOURNMENT AMERICANS WITH DISABILITIES ACT (Government Code Section ) The City of Taft City Council Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance (including transportation) to attend or participate in a meeting of the Taft City Council may request assistance at the Office of the City Clerk, City of Taft, 209 E. Kern Street, Taft, California or by calling (661) Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible. 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 February 15, 2018 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 February 15, 2018, at Taft, California. Signature

4 PROCLAMATION DECLARING FEBRUARY 2018 SAFE SURRENDER BABY AWARENESS MONTH IN KERN COUNTY Whereas, the Safely Surrendered Baby Law was first implemented in California on January 1, 2001, with the intent to prevent harm and possible death to newborns; and Whereas, the law s intent is to save the lives of newborn infants at risk of abandonment by encouraging parents or persons with lawful custody to safely surrender the infant within 72 hours of birth with no questions asked; and Whereas, in Kern County there have been 63 babies Safely Surrendered since 2006; and Whereas, The Safely Surrendered Baby Coalition, under the coordination of the Department of Human Services, works to educate Kern County residents about this important law. NOW THEREFORE, the City Council of the City of Taft, does hereby join other cities in proclaiming the month of February, 2018, as Safe Surrender Baby Awareness Month in Kern County. Dated this 20 th day of February Dave Noerr, Mayor Renee Hill, Mayor Pro Tem Randy Miller, Council Member Orchel Krier, Council Member Josh Bryant, Council Member

5 TAFT CITY COUNCIL/SUCCESSOR AGENCY MINUTES FEBRUARY 6, 2018 REGULAR MEETING 6:00 P.M. The February 6, 2018, regular meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00:43 PM. The Pledge of Allegiance was led by Mayor Noerr, followed by an invocation given by Scott Pearson of the First Baptist Church. PRESENT: Mayor Noerr and Mayor Pro Tem Renee Hill Council Members Randy Miller, Orchel Krier and Josh Bryant City Manager Craig Jones and City Attorney David Prentice Deputy City Clerk Darnell Porter 1. CERTIFICATE OF COMMENDATION LES CLARK JR. Item was tabled to a future date. 2. PUBLIC HEARING ZONING ORDINANCE AMENDMENT NO , TAFT ZONING MAP AMENDMENTS The public hearing was opened to hear from proponents and opponents at 6:03:51 PM. Seeing none the public hearing was closed. Motion: Moved by Hill, seconded by Bryant to approve and amend the City of Taft Municipal Code entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO , TO AMEND THE ZONING MAP TO REZONE 76 PARCELS FOR CONSISTENCY WITH THE APPLICABLE GENERAL PLAN LAND USE DESIGNATION, WITH NO PROPOSED CHANGES TO THE TEXT OF TITLE 6, ZONING REGULATIONS, OF THE TAFT MUNICIPAL CODE for first reading by title only and reading of such be waived. AYES: Miller, Krier, Bryant, Hill, Noerr PASSED: 5-0 Council Member Miller asked if this is something that is needed. Planning Director Mark Staples answered no, mentioning that it is an opportunity to take a look at the land use map and make changes that will match the zoning with the General Plan Land Use. 3. CITIZEN REQUESTS/PUBLIC COMMENTS Ron Orrin voiced his concerns on the homeless population. 4. COUNCIL STATEMENTS (NON ACTION) Council Member Krier shared information on local events in Taft and spoke about Kmart closing encouraging everyone to shop Taft. Council Member Miller shared his concerns from Kmart closing mentioning that he would like to see economic benefit be brought back to the community. Council Member Bryant spoke on the homeless issue. Mayor Pro Tem Hill thanked Ron Orrin and spoke on the homeless issue.

6 City of Taft Council/Successor Agency Minutes February 6, 2018 Page 2 of 4 Mayor Noerr shared a letter from the Taft City School District regarding cannabis and spoke about Kmart closing. 5. PLANNING COMMISSION REPORT Commissioner Livingston shared that the Planning Commission is working on regulations regarding mobile homes. 6. DEPARTMENT REPORTS Chief of Police, Ed Whiting spoke about the increase in the homeless population. 7. CITY MANAGER STATEMENTS City Manager Jones shared that he and Planning Director Staples met with a retail strategy company that specializes in properties like Kmart mentioning the Economic Development Committee will be having a phone conference with the company at their next meeting. 8. CITY ATTORNEY STATEMENTS City Attorney David Prentice shared that he enjoyed coming back to Taft for the day. 9. FUTURE AGENDA REQUESTS There were none. *********************************************************************************************** CONSENT CALENDAR ITEMS Motion: Moved by Bryant, seconded by Hill to approve consent calendar items AYES: Miller, Krier, Bryant, Hill, Noerr PASSED: MINUTES January 16, 2018 Regular Recommendation Approve as submitted. 11. PAYMENT OF BILLS Warrant# 01/12/2018 Check No $ 1,005, Warrant# 01/26/2018 Check No $ 412, Warrant# 01/26/2018 Check No $ 48, Recommendation Approve payment of the bills. 12. DISPOSAL OF CITY OBSOLETE, UNSAFE AND UNECONOMICAL TO REPAIR EQUIPMENT Recommendation Motion to approve disposing of listed equipment through online auction. 13. ACCEPT THE COMPLETED WORK BY R.C. BECKER AND SON, INC. FOR THE 6TH ST. REHAB. FROM MAIN ST. TO SUPPLY ROW PROJECT

7 City of Taft Council/Successor Agency Minutes February 6, 2018 Page 3 of 4 Recommendation Motion to accept the completed work by R.C. Becker and Son, Inc. for the 6 th St. Rehabilitation from Main St. to Supply Row STPL 5193 (039) and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder. Staff further recommends the release of the 5% retention to the Contractor after 30 days pending claims or liens filed during this period. 14. ACCEPT THE COMPLETED WORK BY GRIFFITH COMPANY FOR THE CHURCH ST. REHABILITATION PROJECT Recommendation Motion to accept the completed work by Griffith Company for the Church St. Rehabilitation Project from Pilgrim Ave. to Alley north of Ranier Ave. STPL 5193 (038) and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder. Staff further recommends the release of the 5% retention to the Contractor after 30 days pending claims or liens filed during this period. 15. JANITOR/MAINTENANCE AIDE Recommendation 1. Motion to approve the position of Janitor/Maintenance Aide at salary range 17.3 ($ $ bi-weekly) 2. Motion to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADDING ONE (1) JANITOR/MAINTENANCE AIDE POSITION AND ESTABLISHING CORRESPONDING COMPENSATION RATES. (Resolution No ) 16. PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION S NATIONAL PLANNING CONFERENCE IN NEW ORLEANS, LOUISIANA, APRIL 21-24, 2018 Recommendation Motion to approve travel expenses for the Planning Director to attend the American Planning Association s National Planning Conference in New Orleans, Louisiana, from April 21 to 24, 2018, with approved expenses up to $1, RATIFICATION OF EXECUTED GRANT DEED BETWEEN KEVIN AND ERIKA KELLY AND THE CITY OF TAFT REGARDING REAL PROPERTY APN Recommendation Motion to adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AND RATIFYING THE EXECUTED GRANT DEED BETWEEN KEVIN & ERIKA KELLEY AND THE CITY OF TAFT REGARDING REAL PROPERTY APN (Resolution No ) ************************************************************************************************** At 7:14:09 PM the regular meeting was recessed to closed session. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Government Code Section (b) one (1) potential case B. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code All units C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section APN and 4312 Trumbull Dr., Bakersfield, Ca

8 City of Taft Council/Successor Agency Minutes February 6, 2018 Page 4 of 4 The City Council discussed in closed session all items agendized for closed session discussion on the joint meeting regular agenda and direction was given to staff and negotiator. ADJOURNMENT - With no further business to conduct the meetings were adjourned at 8:20 P.M. Darnell Porter Deputy City Clerk Dave Noerr Mayor

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31 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: SECOND READING ZONING ORDINANCE AMENDMENT NO , TAFT ZONING MAP AMENDMENTS SUMMARY STATEMENT: On April 18, 2017, the Taft City Council adopted Resolution No approving General Plan Amendment No amending the Taft General Plan consistent with the agreement with the Sierra Club. The amendment included an update to the Land Use Map that included land use designation changes for some properties per property owner requests, and to make consistent with existing land uses and adjacent land uses. On January 17, 2018, the Planning Commission held a public hearing and adopted a Resolution recommending approval of Zoning Ordinance Amendment No to the City Council to amend the Taft Zoning Map. The amendment proposes to rezone a total of 76 parcels (97 total zone changes) for consistency with the applicable General Plan land use designation, as indicated in Table 1. Proposed Rezoning for General Plan Consistency. No changes to the text of Title 6, Zoning Regulations, are proposed. Table 1. Proposed Rezoning for General Plan Consistency MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Medium Density Residential R-2 CF Mixed Use R-2 CF Mixed Use R-2 CF Mixed Use GC CF Mixed Use R-2 CF Mixed Use GC CF Mixed Use GC CF Public Facilities R-2 CF Public Facilities GC CF Public Facilities R-2 CF Mixed Use GC CF Mixed Use R-2 CF Mixed Use R-2 CF Mixed Use GC CF Medium Density Residential R-2 CF Natural Resources I NR Commercial GC NR Commercial I NR Public Facilities R-1 CF Public Facilities I CF REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

32 Council Agenda Report February 6, 2018 Page 2 of 4 MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Public Facilities R-1 CF Commercial I I CommercialIndustrial I GC No Change Mixed Use R-3 MU Commercial I GC Mixed Use I MU Industrial Open Space No Zoning I No Change Commercial Open Space No Zoning GC No Change Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Industrial NR I Public Facilities NR CF Industrial NR I Open Space R-1 CF Public Facilities R-1 CF High Density Residential R-1 R High Density Residential R-1 R Mixed Use R-1 MU Mixed Use R-1 CF Mixed Use GC CF Mixed Use R-1 CF Open Space R-1 CF Open Space R-2 CF Public Facilities R-3 CF Mixed Use R-3 GC Public Facilities R-3 CF Mixed Use R-3 GC Public Facilities R-3 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities GC CF Public Facilities GC CF Mixed Use GC CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF

33 Council Agenda Report February 6, 2018 Page 3 of 4 MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-3 CF Public Facilities R-3 CF Public Facilities R-1 CF Low Density Residential R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities I CF Public Facilities NR CF Public Facilities I CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities NR CF Public Facilities NR CF Low Density Residential I R Low Density Residential I R Commercial I GC Low Density Residential I R Low Density Residential NR R Low Density Residential NR R Commercial NR GC Commercial I GC High Density Residential GC R Low Density Residential R-2 MU Low Density Residential R-2 MU 1 Rounded to the nearest tenth. 2 New Assessor Parcel Number assigned by Kern County Assessor 3 Map ID #21 revised to No Change due to mapping error, Map ID #25 & 26 revised to No Change as it is Rails to Trails property.

34 Council Agenda Report February 6, 2018 Page 4 of 4 Staff recommends that the City Council hold a public hearing and approve Zoning Ordinance Amendment No , to amend the Taft Zoning Map to rezone 86 parcels for consistency with the applicable General Plan land use designation, with no proposed changes to the text of Title 6, Zoning Regulations, of the Taft Municipal Code. CEQA: On June 22, 2010, the Taft City Council adopted a resolution approving General Plan Amendment No The Amendment was a comprehensive update of the previous General Plan and established a new Planning Area and land use designations for each parcel within the Planning Area. The General Plan Update EIR (State Clearinghouse No ) was prepared at the program first-tier level of environmental review consistent with the requirements of California Environmental Quality Act (CEQA) Sections and The program-level analysis considered the broad environmental impacts of the implementation of the General Plan Update. Subsequent to adoption of the General Plan Update, the City prepared focused amendments (General Plan Amendment No ) to the General Plan including a reduction to the extent of the adopted Planning Area and incorporation of an Urban Growth Boundary. General Plan Amendment No also included modifications to policy language for consistency with recent State legislation and some adjustments to land use designations that would result in reduced development potential. As the lead agency under CEQA, the City of Taft determined that, in accordance with Section of the State CEQA Guidelines, the proposed changes to the General Plan differed sufficiently from the General Plan Update described in the certified General Plan Update Final EIR (SCH No ) to warrant preparation of an addendum; however, none of the changes or revisions would result in significant new or substantially more severe environmental impacts. An addendum to the EIR was prepared, consistent with Section and State CEQA Guidelines Sections 15162, 15163, 15164, and The City Council approved General Plan Amendment No and the addendum to the EIR prepared for the amendment on April 18, The proposed amendments to the Zoning Map under Zoning Ordinance Amendment No would bring the identified parcels into consistency with the adopted General Plan land use designations. In accordance with CEQA Guidelines Section 15183, a project that is consistent with the development density established by an adopted General Plan for which an EIR was certified shall not require additional environmental analysis unless there are project-specific significant effects which are peculiar to the project. The proposed rezoning would ensure that future development is consistent with the development densities previously analyzed under the certified General Plan Update EIR (State Clearinghouse No ) in June 2010 and the addendum to the EIR, approved in April No project-specific significant effects are anticipated as a result of the rezoning of select parcels for consistency, as proposed. No further environmental analysis is required. A Notice of Determination will be filed following approval of Zoning Ordinance Amendment No , in accordance with CEQA Guidelines Section RECOMMENDED ACTION Motion to approve and amend the City of Taft Municipal Code adopting an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO , TO AMEND THE ZONING MAP TO REZONE 76 PARCELS FOR CONSISTENCY WITH THE APPLICABLE GENERAL PLAN LAND USE DESIGNATION, WITH NO PROPOSED CHANGES TO THE TEXT OF TITLE 6, ZONING REGULATIONS, OF THE TAFT MUNICIPAL CODE IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): N/A Ordinance Proposed Taft Zoning Map Enlarged Map of Proposed Zone Changes Figure 3.0: Land Use Map Draft Notice of Determination PREPARED BY: Mark Staples, Director, Planning & Development Services

35 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO , TO AMEND THE TAFT ZONING MAP TO REZONE 76 PARCELS FOR CONSISTENCY WITH THE APPLICABLE GENERAL PLAN LAND USE DESIGNATION, WITH NO PROPOSED CHANGES TO THE TEXT OF TITLE 6, ZONING REGULATIONS, OF THE TAFT MUNICIPAL CODE WHEREAS, California Government Code Section provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities; and WHEREAS, the City of Taft is responsible for continually reviewing and updating the adopted Zoning Ordinance to address changing conditions within the City; and WHEREAS, the City Council of the City of Taft adopted Resolution No approving General Plan Amendment No an amendment of the Taft General Plan on April 18, 2017, including an amendment to the Land Use Map changing land use designations per property owner requests and to make consistent with existing use of the property and adjacent property; and WHEREAS, the proposed Zoning Ordinance Amendment No will rezone 86 parcels within the City of Taft for consistency with the applicable General Plan land use designation, with no proposed revisions to the text of Title 6, Zoning Regulations, of the Taft Municipal Code; and WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amending the City of Taft Zoning Map at a special meeting on January 17, 2018; and WHEREAS, the Planning Commission studied and considered the written findings for approval of Zoning Ordinance Amendment No , City Staff s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the Planning Commission voted 3-0 to recommend approval of the proposed amendment to the City Council; and WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the State Guidelines Implementing the California Environmental Quality Act have been adhered to; and WHEREAS, the City Council has fully considered this request and the potential environmental effects. NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Taft does ordain as follows:

36 Ordinance No February 20, 2018 Page 2 of 6 SECTION 1. The City Council hereby approves Zoning Ordinance Amendment No amending the zone district for 76 parcels (97 total zone changes) within the City of Taft as follows: MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Medium Density Residential R-2 CF Mixed Use R-2 CF Mixed Use R-2 CF Mixed Use GC CF Mixed Use R-2 CF Mixed Use GC CF Mixed Use GC CF Public Facilities R-2 CF Public Facilities GC CF Public Facilities R-2 CF Mixed Use GC CF Mixed Use R-2 CF Mixed Use R-2 CF Mixed Use GC CF Medium Density Residential R-2 CF Natural Resources I NR Commercial GC NR Commercial I NR Public Facilities R-1 CF Public Facilities I CF Public Facilities R-1 CF Commercial I I Commercial Industrial I GC No Change Mixed Use R-3 MU Commercial I GC Mixed Use I MU Industrial Open Space No Zoning I No Change

37 Ordinance No February 20, 2018 Page 3 of 6 MAP ID APN ACRES 1 26 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING Commercial Open Space No Zoning PROPOSED ZONING GC No Change Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Public Facilities NR CF Industrial NR I Public Facilities NR CF Industrial NR I Open Space R-1 CF Public Facilities R-1 CF High Density Residential R-1 R High Density Residential R-1 R Mixed Use R-1 MU Mixed Use R-1 CF Mixed Use GC CF Mixed Use R-1 CF Open Space R-1 CF Open Space R-2 CF Public Facilities R-3 CF Mixed Use R-3 GC Public Facilities R-3 CF Mixed Use R-3 GC Public Facilities R-3 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities GC CF Public Facilities GC CF Mixed Use GC CF Public Facilities R-1 CF

38 Ordinance No February 20, 2018 Page 4 of 6 MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities R-3 CF Public Facilities R-3 CF Public Facilities R-1 CF Low Density Residential R-1 CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities I CF Public Facilities NR CF Public Facilities I CF Public Facilities R-1 CF Public Facilities R-1 CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities I CF Public Facilities NR CF Public Facilities NR CF Low Density Residential I R Low Density Residential I R-1

39 Ordinance No February 20, 2018 Page 5 of 6 MAP ID APN ACRES 1 ADOPTED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING PROPOSED ZONING Commercial I GC Low Density Residential I R Low Density Residential NR R Low Density Residential NR R Commercial NR GC Commercial I GC High Density Residential GC R Low Density Residential R-2 MU Low Density Residential R-2 MU 1 Rounded to the nearest tenth. 2 New Assessor Parcel Number assigned by Kern County Assessor 3 Map ID #21 revised to No Change due to mapping error, Map ID #25 & 26 revised to No Change as it is City owned property. SECTION 2. The proposed amendments to the Zoning Map would bring the identified parcels into consistency with the adopted General Plan land use designations. In accordance with CEQA Guidelines Section 15183, a project that is consistent with the development density established by an adopted General Plan for which an EIR was certified shall not require additional environmental analysis unless there are project-specific significant effects which are peculiar to the project. The proposed rezoning would ensure that future development is consistent with the development densities previously analyzed under the certified General Plan Update EIR (State Clearinghouse No ) in June 2010 and the addendum to the EIR, approved in April No project-specific significant effects are anticipated as a result of the rezoning of select parcels for consistency, as proposed. No further environmental analysis is required. A Notice of Determination will be filed following approval of Zoning Ordinance Amendment No , in accordance with CEQA Guidelines Section SECTION 3. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby declares that it would have passed this Resolution, and each section, subsection, clause and phrase thereof, irrespective of the face that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

40 Ordinance No February 20, 2018 Page 6 of 6 SECTION 4. 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 the Daily Midway Driller, 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. PASSED AND ADOPTED on this 20 th day of February, Attest: Dave Noerr, Mayor Yvette Mayfield, CMC City Clerk Approved as to form: Jason Epperson, 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 February 6, 2018, and had it second reading on February 20, 2018, and was passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Yvette Mayfield, CMC City Clerk

41 Honolulu Rd Ironwood St Hawthorne St Grevillea St Lincoln St Fir St Pierce St B St Elm St Date St Main St Ash St A St E St D St Wood St E Cedar St Cedar St Birch St E Ash St Gas Company Rd Taylor St Tyler St Buchanan St Fillmore St North St F St N Duval Rd Bell Av N 10Th St 8Th St Jackson St Polk St S 10Th St Church St Philippine St Pico St Crystal St Lierly Av Olive Av Rose Av Monroe St Sunset Ln 5Th Av 4Th Av 3Rd Av 2Nd Av Naylor Av Van Buren St Asher Av Shattuck Av Adams St Lassen Av E Kern St E Main St Oak St 6Th Av Eastern Av Jefferson St Irene St Pilgrim Av Montview Av Madison St W Ash St Suzanne Ln Thomas St E Calvin St Rainier Av E Woodrow St Franklin Av Sierra St Mc Kinley St Shasta St Garratt St E San Emidio St E Lucard St Ford St Mallory Ct Keene Ln Woodlawn Av Loma Vista Av Lexington Av Hope St Enterprise Wy Ave A Polk St Victor St Williams Wy Standard St Oleander Rd Parkview Cir Westpark Wy Stokes Av James Av Lee St Graydon Av Gray Wy Village Wy General Petroleum Av Williams Wy Westover Av Oak St Grant Ter Vista Via Dr Roosevelt Pl Honolulu Rd 6Th Av Buena Vista Pl Q St South St Stevens St Washington Av Garfield Av Buena Vista St South St Buena Vista St Cadet Rd Kerto Rd Petroleum Club Rd AÞE Gardner Field Rd Hwy Harrison St Finley Dr Maple Av 3Rd St Robin Wy Pine Dr Williams Wy Calvin St Airport Rd 7Th St 4Th St 2Nd St 6Th St San Emidio St Lucard St Warren St E Warren St Woodrow St Kern St 1St St 5Th St 3Rd St Center St North St E North St E Center St S 4Th St S 6Th St S 8Th St S 2Nd St Supply Row Main St Adkisson Wy Front St Commerce Wy Industrial Wy Jameson Ln Pico St Asher Wy Maricopa Pl Ward St Twenty Five Hill Rd 33 Hwy Hovey Hills Rd W San Emidio St Alpine Av Hillard St?üE?üE Legend Taft City Limit Parcels with Zone Change Number on map corresponds to "Map ID" Column in Table Proposed Zoning A - Agricultural NR - Natural Resources GC - General Commercial DC - Downtown Commercial I - Industrial CF - Public Facilities MU - Mixed Use R-S - Residential Suburban R-1 - Single-Family Residential R-2 - Two-Family Residential R-3 - Limited Multiple-Family Residential DRAFT Proposed Zoning Map Source: Kern County, 2015; City of Taft, 2016; Michael Baker International, , ,500 FEET Harding Av Wilson Av Arroyo Dr Valley View St Terrace Dr Terrace Dr Arroyo Wy Sage St Quail Ct Kristin St Wade Av Midoil Rd 33 Hwy Twentyone Canyon Rd

42 Pierce St Gardner Field Rd AÞE A St B St Elm St Date St Birch St Ash St E St D St Wood St E Cedar St Cedar St E Ash St Gas Company Rd Taylor St Tyler St Buchanan St Fillmore St North St Bell Av N 10Th St 8Th St Jackson St S 10Th St Church St Philippine St Pico St Crystal St Lierly Av Olive Av Rose Av Monroe St Sunset Ln 5Th Av 4Th Av 3Rd Av 2Nd Av Naylor Av Van Buren St Asher Av Shattuck Av Adams St Lassen Av E Kern St E Main St Oak St 6Th Av Eastern Av Jefferson St Irene St F St Pilgrim Av Montview Av Madison St W Ash St Suzanne Ln Thomas St E Calvin St Rainier Av E Woodrow St Franklin Av Sierra St Mc Kinley St Shasta St Garratt St E Lucard St Ford St Mallory Ct Keene Ln Woodlawn Av Loma Vista Av Lexington Av Hope St Enterprise Wy Ave A Polk St Victor St Williams Wy Standard St Oleander Rd Parkview Cir Westpark Wy Stokes Av James Av Lee St Graydon Av Gray Wy Village Wy General Petroleum Av Williams Wy Westover Av Oak St Vista Via Dr Roosevelt Pl 6Th Av Buena Vista Pl Q St South St Buena Vista St Washington Av South St Stevens St Buena Vista St Finley Dr Maple Av 3Rd St Pine Dr Robin Wy Williams Wy Calvin St Airport Rd 4Th St 6Th St San Emidio St Lucard St Warren St E Warren St Woodrow St E San Emidio St Kern St 7Th St 2Nd St 1St St 5Th St Center St E North St S 4Th St S 6Th St E Center St S 8Th St S 2Nd St 3Rd St North St Supply Row Main St Adkisson Wy Front St Commerce Wy Industrial Wy Jameson Ln Pico St Asher Wy Maricopa Pl Ward St Twenty Five Hill Rd W San Emidio St Alpine Av Hillard St Garfield Av?üE?üE Harding Av Wilson Av Main St Grant Ter Arroyo Dr Valley View St Terrace Dr Terrace Dr Arroyo Wy Sage St Quail Ct Kristin St Wade Av Midoil Rd 33 Hwy Twentyone Canyon Rd

43 6TH AV CHURCH ST 4TH AV GAS COMPANY RD FILLMORE ST BUCHANAN ST TAYLOR ST PIERCE ST ASHER AV ROSE AV NAYLOR AV 6TH AV 3RD AV 2ND AV 5TH AV SHATTUCK AV EASTERN AV MC KINLEY ST WOODLAWN AV FRANKLIN AV SIERRA ST VAN BUREN ST JACKSON ST POLK ST TYLER ST MONTVIEW AV MADISON ST MONROE ST JEFFERSON ST BELL AV ADAMS ST GARRATT ST CASCADE PL AVE A POLK ST LINCOLN ST S 10TH ST N 10TH ST LIERLY AV OLIVE AV HARRISON ST GENERAL PETROLEUM AV AÞE IRONWOOD ST HAWTHORNE ST GREVILLEA ST HARRISON ST HONOLULU RD Legend FIR ST Planning Area Boundary?üE MIDOIL RD SAGE ST QUAIL CT TERRACE DR ARROYO WY MALLORY CT VISTA VIA DR ARROYO DR GRANT TER HARDING AV WASHINGTON AV WILSON AV HILLARD ST SHASTA ST SUNSET LN B ST PHILIPPINE ST RAINIER AV KEENE LN A ST MAIN ST LASSEN AV D ST E ST F ST TWENTY FIVE HILL RD W ASH ST CHEVRON PL IRENE ST LOMA VISTA AV W SAN EMIDIO ST PILGRIM AV LEXINGTON AV 9TH ST 8TH ST HOPE ST OAK ST MARICOPA PL BUENA VISTA PL 7TH ST FRONT ST DATE ST SAN EMIDIO ST 5TH ST CENTER ST MAIN ST SUPPLY ROW PICO ST CRYSTAL ST SOUTH ST 6TH ST S 4TH ST ELM ST CEDAR ST E CEDAR ST BIRCH ST ASH ST SUZANNE LN WARREN ST 4TH ST NORTH ST LUCARD ST OAK ST FINLEY DR EMMONS PARK DR PINE DR 3RD ST WOODROW ST BUENA VISTA ST Q ST SOUTH ST 2ND ST TWENTY FIVE HILL RD MAPLE AV CALVIN ST 1ST ST JAMESON LN 3RD ST E CALVIN ST E WARREN ST E LUCARD ST E KERN ST E CENTER ST WARD ST WILLIAMS WY FORD ST E MAIN ST WOOD ST E ASH ST E WOODROW ST GARDNER FIELD RD ENTERPRISE WY COMMERCE WY INDUSTRIAL WY AIRPORT RD Urban Growth Boundary Taft City Limit General Plan Land Use Open Space Natural Resources Public Facilities Industrial Mixed Use Commercial Low Density Residential Medium Density Residential High Density Residential Figure 3.0-1b Land Use Map: Greater Taft?üE PETROLEUM CLUB RD 1, ,500 FEET Source: Kern County, 2015; City of Taft, 2016; Michael Baker International, 2016

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45 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: AUTHORIZATION OF SALE OF 4312 TRUMBULL DRIVE, BAKERSFIELD, CA TO HABITAT FOR HUMANITY GOLDEN EMPIRE SUMMARY STATEMENT: The City recently became the owners of the property located at 4312 Trumbull Drive, Bakersfield, CA through the foreclosure process on an old grant funded TARP loan that went in to default. Since it is not the intention of the City to own and maintain residential properties, per California Government Code Section 54222, the City notified affordable housing developers and other agencies regarding the availability of the property before moving forward to list the property on the open market. Habitat for Humanity responded with a formal offer to purchase the property for $100,000 in its as-is condition. The money from the sale of this property will go back in to the grant programs program income account. In order to move forward with the sale of the property, the Council will need to authorize the sale, authorize the city to enter in to an agreement and open escrow and authorize signer(s) for execution of the documents required for the sale. RECOMMENDED ACTION Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 4312 TRUMBULL DRIVE BAKERSFIELD, CALIFORNIA TO HABITAT FOR HUMANITY GOLDEN EMPIRE FOR $100,000 AND AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes - Resolution City Clerk REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

46 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 4312 TRUMBULL DRIVE BAKERSFIELD, CALIFORNIA TO HABITAT FOR HUMANITY GOLDEN EMPIRE FOR $100,000 AND AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the City of Taft owns real property located at and commonly known as 4312 Trumbull Drive, Bakersfield, California; and WHEREAS, the City Council of the City of Taft has found and finds that it is for the common benefit, interest, and convenience of the City of Taft to sell said real property as per Government Code Section 37350; and WHEREAS, per Government Code Section 54222, the City Manager contacted local affordable housing developers and other agencies regarding availability of said real property; and WHEREAS, Habitat for Humanity Golden Empire, a local nonprofit affordable housing organization, has offered to purchase said real property for $100,000; and WHEREAS, it is keeping with government code, convenient and in the interests of the City of Taft to permit the sale of the property to Habitat for Humanity Golden Empire and authorize the Mayor, City Manager, and/or Assistant City Manager to execute all documents necessary for the sale of said real property. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT: Section 1: Section 2: Section 3: Section 4: Section 5: The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part of this Resolution; The sale of real property located at and most commonly known as 4312 Trumbull Drive, Bakersfield, California to Habitat for Humanity Golden Empire for $100,000 is hereby authorized; Effective immediately upon adoption of this Resolution, the Mayor, City Manager, and/or Assistant City Manager shall have full authority to execute any and all documents necessary to effect and finalize the sale of the real property; This Resolution and each of its provisions shall be immediately effective upon adoption by the City Council of the City of Taft; The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED on this 20 th day of February ATTEST: Dave Noerr, Mayor Yvette Mayfield, CMC City Clerk

47 Resolution No. Page 2 of 2 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 20 th day of February 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members: Council Members: Council Members: Council Members: Yvette Mayfield, CMC City Clerk

48 City of Taft Agenda Report DATE: February 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: CONTRACT FOR BUILDING OFFICIAL SERVICES WITH MCCLAIN CONSULTING SUMMARY STATEMENT The City of Taft has is currently contracting with JAS Pacific for Building and Safety Services. This contract provides the services of a Building Official including but not limited to Building Inspection and Plan Check Services. Staff has reviewed the contract and the services needed by the City and is recommending to contract with McClain Consulting for Building Official Services. The proposed services provided by McClain Consulting will also augment Code Enforcement. The proposed contract will result in an overall cost savings for the City. RECOMMENDED ACTION: Motion to approve contract for Building and Safety Services with McClain Consulting and authorize the Mayor to sign. IMPACT ON BUDGET (Y/N): ATTACHMENT: PREPARED BY: Cost of approximately $94,000 annually which is currently budgeted for in Budget Unit Draft Contract Lonn Boyer REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

49 CITY OF TAFT CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (the Agreement ) made this 1st day of March 2018, by and between the CITY OF TAFT ( City ) and McClain Consulting ( Consultant ), W I T N E S S E T H WHEREAS, City wishes to hire Consultant to provide As Needed Building and Safety Services, as described in the Standard Form Contract with McClain Consulting, attached hereto and by this reference made a part hereof (the Services ) and Consultant is agreeable thereto under the terms and conditions described hereinafter. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows: and 1. the parties incorporate the foregoing recitals as if fully set forth herein verbatim; 2. City hereby contracts with Consultant to perform the Services and Consultant agrees to provide the Services under the terms and conditions hereinafter described. 3. Consultant s compensation shall be calculated based on the number of hours expended by the Consultant charged at the rate of $56.00 per hour. The invoices shall contain a description of the Services performed during the period referred to in the invoice and of the employees performing them, and the number of hours expended, provided, however, that no such invoice shall include charges for Services not yet performed. Each invoice shall contain such other information and documentation as City may reasonably require from time to time. City Manager or his designated representative, shall have the right of reasonable review of each invoice and, at the conclusion of the review, City Manager shall place the matter on the agenda for the next available City Council meeting for consideration by the City Council. Upon approval of each such invoice by the City Council, same shall be paid in the regular cycle of payments made by City for other bills and claims. a. In addition to the compensation payable to Consultant, City agrees to pay certain costs that may be incurred by Consultant (the Costs ). These Costs may include hardware, software, peripherals and procured services, provided, however, that no Costs shall be incurred without City s prior written consent. All Costs billed in any invoice shall be itemized and describe how Costs were incurred and include copies of receipts where applicable. City shall have the right of reasonable review and approval of the Costs. 4. Consultant shall complete the Services of individual Services within the time frames agreed upon by the City and Consultant from time to time during the course of this Agreement.

50 5. Consultant shall indemnify, defend and hold harmless City, its officers, Councilpersons, employees, and agents from any and all claims, liability, expenses, and damages, including attorney s fees, arising out of or in any way connected with any act or omission by or on behalf of Consultant. Notwithstanding the foregoing, to the extent that City provides Consultant with information, records, or other documents necessary or convenient for Consultant to complete the Services, Consultant may rely on the accuracy and completeness of same (except as otherwise advised by the City in writing) and Consultant shall have no liability for same to the extent that they are incomplete or inaccurate. 6. Without limiting Consultant s obligations under Paragraph 5 of this Agreement, Consultant shall obtain and maintain during the life of this Agreement: a. comprehensive liability insurance coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $1 million per occurrence, automobile liability for owned, hired, and non-owned vehicles; and b. such workers compensation insurance as required by statute. Consultant shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing in which City, its officers, Councilpersons, employees, and agents are named as additional insureds and specifically designating all such insurance as primary, excluding professional liability insurance, and providing further that same shall not be terminated nor coverage reduced without ten (10) days prior written notice to City. 7. Consultant shall not assign its interest herein or any part thereof and any attempted assignment shall be void. All documents, reports, information, data, exhibits, maps, tables, charts, and all other matters generated by Consultant shall be the property of City and shall be delivered to City upon demand without additional costs or expense to City. In the event Consultant needs to access City files in the performance of its Services, Consultant shall first receive authorization from the City Manager to do so. 8. Either party may terminate this Agreement at any time by giving the other party ten (10) days prior written notice, provided that in such event Consultant shall be entitled to payment for those eservices rendered through the date of termination, provided satisfactory to City. 9. Consultant shall have right to utilize the City vehicle while conducting business on behalf of the City of Taft. 10. City agrees to compensate Consultant for four (4) full training days annually paid by city (required to maintain mandated certifications) and City paid membership for California Building Officials (CALBO) and attendance at the annual meeting. In addition the City paid attendance to the monthly San Joaquin Valley International Code Council (ICC) Chapter meetings.

51 11. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the party to whom directed if personally served or if faxed, ed, or when deposited in the United States mail, postage prepaid, first class, faxed or ed or addressed as follows: If to City: If to Consultant: City Manager McClain Consulting 209 E. Kern Street Attn: Mark McClain Taft, California, Calle Manzana (661) Bakersfield, CA (661) Any party may change its address or fax number by giving notice to the other party in the manner herein described. 12. Time is of the essence with regard to each covenant, condition and provision of this Agreement. 13. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto. 15. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties. 16. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees and actual costs. 17. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached with the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time. 18. Notwithstanding any provision to the contrary, this Agreement shall not become effective and shall not be binding as to any party until all of the parties have executed this Agreement. 19. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.

52 20. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby. 21. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement. 22. Consultant agrees to take all reasonable measures to protect City s computer systems from computer viruses including, without limitation, installation and maintenance of the latest versions of anti-virus software. Any computer virus existing as of the date of this Agreement may be removed by Consultant at City s request and at City s sole cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written. CITY OF TAFT McClain Consulting, Consultant Dave Noerr, Mayor Mark McClain, Consultant ATTEST: Yvette Mayfield, CMC City Clerk APPROVED AS TO FORM: Jason Epperson, City Attorney

53 City of Taft Agenda Report DATE: February 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: OUT OF STATE TRAVEL HUMAN RESOURCES LEADERSHIP SUMMIT SUMMARY STATEMENT Connect is having a Human Resources Leadership Summit in Las Vegas, Nevada from April 15-17, Lonn Boyer has been invited to attend with all costs paid for by the entity hosting the Summit. It is recommended to approve Out of State travel for him to participate in this event. RECOMMENDED ACTION Authorize Lonn Boyer, Director of Human Resources/Assistant City Manager, to attend the Connect Human Resources Leadership Summit in Las Vegas, Nevada April 15-17, IMPACT ON BUDGET (Y/N): ATTACHMENT: PREPARED BY: No cost to the City. All costs including transportation, meals and lodging are covered by the Leadership Summit. None Lonn Boyer, Director of Human Resources/Assistant City Manager REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

54 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT NEW ALTERNATIVE FUEL VEHICLE PURCHASE GRANT PROGRAM SUMMARY STATEMENT: The San Joaquin Valley Air Pollution Control District is currently offering a New Alternative Fuel Vehicle Purchase Program through their Public Benefit Grants Program. Through this program a public agency can qualify for up to $20,000 per vehicle for the purchase of up to five (5) new alternative fuel vehicles. The City may also apply for additional $2,500 rebate from the California Air Resources Board for the each vehicle purchased. As part of this action, staff recommends selling five (5) of the previously purchased plug in vehicles which consists of one (1) 2013 Nissan Leaf and two (2) Polaris Gem Vehicles and two (2) Polaris Utility Vehicles. The city will be required to enter into a three year contract with the SJVAPCD to maintain and insure the vehicles and to submit required reports during the three year contract term. RECOMMENDED ACTION Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM UNDER THE NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS and authorize the sale of the five (5) previously purchased plug in vehicles. IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: It is expected there will be no net cost to the General Fund after grants, rebates and sales of existing plug-in vehicles. Yes - Resolution Lonn Boyer, Director of Human Resources/Assistant City Manager REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

55 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM UNDER THE NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS WHEREAS, San Joaquin Valley Air Pollution Control District through their Public Benefit Program offers a New Alternative Fuel Vehicle Purchase Grant, and WHEREAS, the City of Taft is eligible to receive grant funds of up to $20,000 per vehicle with a maximum funding of no more than five vehicles at $100,000 total grant and agrees to pay the additional funds if needed for the purchase of any of the vehicles chosen by the city for purchase through the grant, and WHEREAS, the City of Taft acknowledges the vehicle maintenance and reporting requirements for the grant and wishes to apply for this grant funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft hereby authorizes the submittal of an application to San Joaquin Valley Air Pollution Control District for participation in the New Alternative Fuel Vehicle Purchase Program for purchase of no more than five vehicles an amount not to exceed $100,000 and authorizes the City Manager to execute all documents on behalf of this grant. PASSED, APPROVED AND ADOPTED on this 20 th day of February, ATTEST: Yvette Mayfield, CMC City Clerk Dave Noerr, Mayor 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 meeting thereof held on the 20 th day of February, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Yvette Mayfield, CMC City Clerk

56 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: TRANSPORTATION DEVELOPMENT ACT FUNDS ANNUAL AUDIT FY SUMMARY STATEMENT: Attached for Council information and review is the Annual Audit for the Taft Transportation Development Act Funds (TDA). This audit is conducted by and submitted to Kern Council of Governments. RECOMMENDED ACTION Motion to receive and file the City of Taft Transportation Development Act Funds Annual Audit for the fiscal year IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes Audit report Teresa Binkley, Finance Director REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

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70 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2017 TO DECEMBER 2017 SUMMARY STATEMENT: The City of Taft and the Taft Chamber of Commerce ( Chamber ) entered into an agreement on September 16, 2008 where the City Council recognized the best interest of the City to financially support the Chamber. The City Council agreed to fund the Chamber in the amount of 25% of the actual Transient Occupancy Tax ( TOT ) received and paid quarterly to the Chamber. The total amount of TOT received by the January 31, 2018 deadline for the quarter of October 2017 through December 2017 were $42, and the amount to be allocated to the Chamber will be 10, This funding shall be contingent on the City Council s satisfactory review of the Taft Chamber of Commerce s financial report for the prior year. Staff has requested financial statements from the Taft Chamber of Commerce for the period of January through December 2014, 2015, 2016 & These reports are attached for your review. RECOMMENDED ACTION Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the Quarter of October 2017 through December IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes, Chamber Financial Statements Teresa Binkley, Finance Director REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

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75 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: SPECIAL GAS TAX STREET IMPROVEMENT FUND AUDIT REPORT JULY 1, 2015 THROUGH JUNE 30, 2016 SUMMARY STATEMENT: The State Controller s Office performed an audit during the month of May Attached for Council s information is the Special Gas Tax Street Improvement Fund Audit Report. The last audit on these funds was conducted in August 2008 and covered the period July 1, 2001 through June 30, In the final audit report there are four audit findings and the city is making changes to correct these findings. RECOMMENDED ACTION Motion to receive and file the City of Taft Special Gas Tax Street Improvement Fund July 1, 2015 through June 30, 2016 Audit Report. IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes, audit report Teresa Binkley, Finance Director REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

76 CITY OF TAFT Audit Report SPECIAL GAS TAX STREET IMPROVEMENT FUND July 1, 2015, through June 30, 2016 BETTY T. YEE California State Controller January 2018

77 BETTY T. YEE California State Controller January 26, 2018 The Honorable Dave Noerr Mayor of the City of Taft 209 East Kern Street Taft, CA Dear Mayor Noerr: The State Controller s Office audited the City of Taft s Special Gas Tax Street Improvement Fund for the period of July 1, 2015, through June 30, Our audit found that the city accounted for and expended its Special Gas Tax Street Improvement Fund in compliance with requirements, and that no adjustment to the fund is required; however, we identified procedural findings. If you have any questions, please contact Efren Loste, Chief, Local Government Audits Bureau, by telephone at (916) Sincerely, Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits JVB/ls cc: Craig Jones, City Manager City of Taft Teresa Binkley, Director of Finance City of Taft

78 City of Taft Special Gas Tax Street Improvement Fund Contents Audit Report Summary... 1 Background... 1 Objective, Scope, and Methodology... 1 Conclusion... 2 Follow-up on Prior Audit Findings... 3 Views of Responsible Officials... 3 Restricted Use... 3 Schedule 1 Reconciliation of Fund Balance... 4 Findings and Recommendations... 5 Attachment City of Taft s Response to Draft Audit Report

79 City of Taft Audit Report Summary Special Gas Tax Street Improvement Fund The State Controller s Office (SCO) audited the City of Taft s Special Gas Tax Street Improvement Fund for the period of July 1, 2015, through June 30, Our audit found that the city accounted for and expended its Special Gas Tax Street Improvement Fund in compliance with requirements, and that no adjustment to the fund is required; however, we identified procedural findings. Background The State apportions funds monthly from the Highway Users Tax Account (HUTA) in the Transportation Tax Fund to cities and counties for the construction, maintenance, and operation of local streets and roads. The highway users taxes derive from State taxes on the sale of motor vehicle fuels. In accordance with Article XIX of the California Constitution and Streets and Highways Code, a city must deposit all apportionments of highway users taxes in its Special Gas Tax Street Improvement Fund. A city must expend gas tax funds only for street-related purposes. We conducted our audit of the city s Special Gas Tax Street Improvement Fund under the authority of Government Code (GC) section Objective, Scope, and Methodology Our audit objective was to determine whether the city accounted for and expended its Special Gas Tax Street Improvement Fund in compliance with Article XIX of the California Constitution and the Streets and Highways Code. We audited the city s Special Gas Tax Street Improvement Fund for the period of July 1, 2015, through June 30, To meet our objective, we: Gained a limited understanding of internal controls that would have an effect on the reliability of the accounting records of the Special Gas Tax Street Improvement Fund by interviewing key personnel, completing the internal control questionnaire, and reviewing the city s organization chart; Conducted a risk assessment to determine the nature, timing, and extent of substantive testing; Performed analytical procedures to determine and explain the existence of unusual or unexpected account balances; Verified the accuracy of fund balances by performing a fund balance reconciliation for the period of July 1, 2007, through June 30, 2015, and by recalculating the trial balance for the period of July 1, 2015, through June 30, 2016; -1-

80 City of Taft Special Gas Tax Street Improvement Fund Verified whether the components of and changes to fund balances were properly computed, described, classified, and disclosed by scheduling and analyzing the Special Gas Tax Street Improvement Fund account balances; Reconciled the fund revenue recorded in the city ledger to the balance reported in the SCO s apportionment schedule for fiscal year (FY) to determine whether HUTA apportionments received by the city were completely accounted for; Reviewed city accruals and adjustments for validity and eligibility; Analyzed the system used to allocate interest and determined whether the interest revenue allocated to the Special Gas Tax Street Improvement Fund was fair and equitable, by interviewing key personnel and recalculating all of the interest allocations for the audit period; Reviewed the fund cash and liabilities accounts for unauthorized borrowing to determine whether unexpended HUTA funds were available for future street-related expenditures and protected from impairment; and Verified whether the expenditures incurred during the audit period were supported by proper documentation and eligible in accordance with the applicable criteria by testing all of $196,473 in total transfers. We did not audit the city s financial statements. We limited our audit scope to planning and performing audit procedures necessary to obtain reasonable assurance that the city accounted for and expended its Special Gas Tax Street Improvement Fund in accordance with the criteria. We considered the city s internal controls only to the extent necessary to plan the audit. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. Conclusion Our audit found that the City of Taft accounted for and expended its Special Gas Tax Street Improvement Fund in compliance with Article XIX of the California Constitution and the Streets and Highways Code for the period of July 1, 2015, through June 30, 2016; however, we identified procedural findings described in the Findings and Recommendations section of this report. -2-

81 City of Taft Follow-up on Prior Audit Findings Special Gas Tax Street Improvement Fund The city satisfactorily resolved the findings noted in our prior audit report for the period of July 1, 2006, through June 30, 2007, issued on April 30, Views of Responsible Officials We issued a draft audit report on November 16, Teresa Binkley, Director of Finance, responded by letter dated December 12, 2017, agreeing with the audit results. The city s response is included in this final audit report as an attachment. Restricted Use This report is solely for the information and use of the City of Taft and the SCO; it is not intended to be and should not be used by anyone other than these specified parties. This restriction is not intended to limit distribution of this report, which is a matter of public record. Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits January 26,

82 City of Taft Special Gas Tax Street Improvement Fund Schedule 1 Reconciliation of Fund Balance July 1, 2015, through June 30, 2016 Special Gas Tax Street Improvement Fund 1 Beginning fund balance per city $ 350 Revenues 196,480 Total funds available 196,830 Expenditures (196,473) Ending fund balance per city $ 357 Ending fund balance per audit $ The city receives apportionments from the State HUTA, pursuant to Streets and Highways Code sections 2103, 2105, 2106, 2107, and The basis of the apportionments varies, but the money may be used for any street-related purpose. Streets and Highways Code section restricts apportionments to administration and engineering expenditures, except for cities with populations of fewer than 10,000 inhabitants. Those cities may use the funds for rights-of-way and for the construction of street systems. The city must deposit its HUTA apportionments in its Special Gas Tax Street Improvement Fund. -4-

83 City of Taft Special Gas Tax Street Improvement Fund Findings and Recommendations PROCEDURAL FINDING 1 General Fund cash impairment During FY , the city s General Fund cash account reported monthend negative balances for the months of July 2015 through May We also reviewed the General Fund cash month-end balances, subsequent to the audit period, and noted negative balances from August 2016 through April As the city pools the cash from all of its funds, a negative balance in the General Fund cash account potentially impairs other funds, including restricted funds such as the Special Gas Tax Street Improvement Fund, because the city might inadvertently use the restricted funds available balances to pay for its operating costs. As of the end of audit fieldwork, the city had not demonstrated that it had restored the financial health of the General Fund. Consequently, the General Fund may be affecting the integrity of the Special Gas Tax Street Improvement Fund. Streets and Highways Code section 2118 states: When the State Controller determines it to be necessary, he may require a county or city to deposit money received from the Highway Users Tax Fund in a separate bank account. Recommendation We recommend that the city establish a separate bank account for the state gas tax funds. This account should be used to record all deposits and expenditures against the money. The bank account should remain open until the city provides evidence that, over a reasonable period of time, it has restored the financial health of its General Fund. City s Response In response to Finding 1 the city will agree to open a bank account for the state gas tax funds and as funds are received they will be deposited into this account. But the city will transfer the funds from the separate account by check to the city s general fund to reimburse funds spent on allowable expenditures. It is cost prohibitive to setup our accounting software for an infrequently used account. SCO s Comment The city agreed with our finding and recommendation, and stated that it will open a bank account for the state gas tax funds. -5-

84 City of Taft Special Gas Tax Street Improvement Fund PROCEDURAL FINDING 2 Lack of policies and procedures Our audit procedures involved obtaining and evaluating various city policies and procedures. During our review, we noted that the city did not establish formal policies and procedures for the following: General Fund/other fund reserves Debt Risk management and internal controls Long-range financial planning Local vendors Debarment and suspension Establishing formal policies would provide detailed guidance to employees, management, and the city council, and would help ensure process consistency and accountability during staff turnover. Recommendation We recommend that the city establish formal policies and procedures. City s Response In response to Finding 2 as per establishing a formal policies and procedures, the finance department has been working on establishing a formal policy manual as per the recommendation from our city auditor. SCO s Comment The city agreed with our finding and recommendation and indicated that it has been developing a policy manual. PROCEDURAL FINDING 3 Non-compliance with Government Code section The city did not comply with GC section 41004, which requires the city treasurer to submit to the city clerk a monthly written report and an accounting of all receipts, disbursements, and fund balances. GC section states: Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Recommendation We recommend that the city comply with GC section and ensure that the city treasurer submits to the city clerk a monthly written report and an accounting of all receipts, disbursements, and fund balances. City s Response In response to Finding 3 the city does prepare once a month a report to the city clerk and city council which includes the fund balances, but the current report needs to be updated to include accounting of all receipts and disbursements. -6-

85 City of Taft Special Gas Tax Street Improvement Fund SCO s Comment The city indicated that it prepares a monthly report to the city clerk and city council; however, the report must be updated to include accounting of all receipts and disbursements. We recommend that the city implement its update to the report to ensure compliance with GC section PROCEDURAL FINDING 4 Delinquent Annual Street Report The city failed to complete and submit its Annual Street Report (ASR) for FY by October 1, As of the end of audit fieldwork, the city s ASR continues to be delinquent; consequently, the city has not received its HUTA funds. Streets and Highways Code section 2151 states, in part: On or before the first day of October of each year, the governing body of each county and city shall cause to be made and filed with the Controller a complete report of the expenditures for street or road purposes during the preceding fiscal year ending on the 30th day of June. Recommendation We recommend that the city file its FY ASR, and establish procedures for timely completion and submission of the ASR. City s Response In response to Finding 4 the city will establish procedures for timely completion and submission of the ASR. SCO s Comment The city stated that it will establish procedures for timely completion and submission of the ASR. We further recommend that the city monitor its implementation process. -7-

86 City of Taft Special Gas Tax Street Improvement Fund Attachment City of Taft s Response to Draft Audit Report

87

88 State Controller s Office Division of Audits Post Office Box Sacramento, CA C17-GTA-0018

89 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: AUTHORIZING BY RESOLUTION CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM FOR TRANSIT PROJECTS SUMMARY STATEMENT: The City of Taft is an eligible project sponsor and may receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects. The statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations. The city submitted a project list which included rolling stock and security cameras, but the list can be updated or modified as Transit needs change. RECOMMENDED ACTION Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM. IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes Resolution, Certifications and Assurances and Authorized Agent Teresa Binkley, Finance Director REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER

90 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM WHEREAS, the City of Taft is an eligible project sponsor and may receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department) as the administrative agency for the SGR; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies); and WHEREAS, the City of Taft wishes to delegate authorization to execute these documents and any amendments thereto to the City Manager, Human Resources/Assistant City Manager, Finance Director. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Taft that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all SGR funded transit projects. NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager, Human Resources/Assistant City Manager, Finance Director be authorized to execute all required documents of the SGR program and any Amendments thereto with the California Department of Transportation. PASSED, APPROVED AND ADOPTED on this 20 th day of February, Attest: Dave Noerr, Mayor Yvette Mayfield, CMC City Clerk

91 Resolution No. February 20, 2018 Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF KERN }SS CITY OF TAFT } I, Yvette Mayfield, City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 20 th day of February, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Yvette Mayfield, CMC City Clerk

92 City of Taft Page 1 State Transit Assistance State of Good Repair Program Recipient Certifications and Assurances Recipient: City of Taft. Effective Date: February 20, In order to receive State of Good Repair Program (SGR) funds from the California Department of Transportation (Department), recipients must agree to following terms and conditions: A. General (1) The recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time. (2) The potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project.. (3) The recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent. B. Project Administration (1) The recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code and (2) The recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements. (3) The recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project.

93 City of Taft Page 2 (4) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list. (5) Recipient agrees to notify the Department immediately if litigation is filed or disputes arise after submission of the annual project list and to notify the Department of any negative audit findings related to any project using SGR funds. (6) The recipient must maintain satisfactory continuing control over the use of project equipment and/or facilities and will adequately maintain project equipment and/or facilities for the estimated useful life of each project. (7) Any and all interest the recipient earns on SGR funds must be reported to the Department and may only be used on approved SGR projects or returned to the Department. (8) The recipient must notify the Department of any proposed changes to an approved project list by submitting an amended project list. (9) Funds will be expended in a timely manner. C. Reporting (1) Per Public Utilities Code (e) and (f), the recipient must submit the following SGR reports: a. Annual Expenditure Reports within six months of the close of the fiscal year (by December 31 st ) of each year. b. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of SGR funds. A copy of the audit report must be submitted to the Department within six months of the close of each fiscal year in which SGR funds have been received or expended. D. Cost Principles (1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (2) The recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) those parties shall

94 City of Taft Page 3 comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (3) Any project cost for which the recipient has received payment that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment by the recipient to the State of California (State). Should the recipient fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the recipient from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller. E. Record Retention (1) The recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of the recipient, its contractors and subcontractors connected with SGR funding shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the recipient, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the recipient s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits. (2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the recipient s contracts with third parties pursuant to Government Code , the recipient, its contractors and subcontractors and the Department shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a

95 City of Taft Page 4 project for audits, examinations, excerpts, and transactions, and the recipient shall furnish copies thereof if requested. (3) The recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document. F. Special Situations (1) Recipient acknowledges that if a project list is not submitted timely, the recipient forfeits its apportionment for that fiscal year. (2) Recipients with delinquent expenditure reports may risk future eligibility for future SGR funding. (3) Recipient acknowledges that the Department shall have the right to perform an audit and/or request detailed project information of the recipient s SGR funded projects at the Department s discretion from SGR award through 3 years after the completion and final billing of any SGR funded project.. Recipient agrees to provide any requested project information. I certify all of these conditions will be met. City of Taft BY: Craig Jones, City Manager

96 ATTACHMENT I (INSERT Agency Board Resolution approving this document) City of Taft Page 5

97 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation State Transit Assistance State of Good Repair Program Authorized Agent Form Authorized Agent The following individual(s) are hereby authorized to execute for and on behalf of the named Regional Entity/Transit Operator, and to take any actions necessary for the purpose of obtaining State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid at the beginning of Fiscal Year until the end of the State of Good Repair Program. If there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. Craig Jones, City Manager OR (Name and Title of Authorized Agent) Lonn Boyer, Human Resources Director/Assistant City Manager OR (Name and Title of Authorized Agent) Teresa Binkley, Finance Director. (Name and Title of Authorized Agent) Mayor AS THE (Chief Executive Officer / Director / President / Secretary) City of Taft OF THE (Name of County/City Organization) Dave Noerr (Print Name) Mayor (Title) (Signature) Approved this 20th day of February, 20_18 FY SB 1 STA State of Good Repair

98 City of Taft Agenda Report DATE: FEBRUARY 20, 2018 TO: HONORABLE MAYOR AND COUNCIL MEMBERS AGENDA MATTER: CALIFORNIA TRANSIT SECURITY GRANT PROGRAM FOR FY FUNDING SUMMARY STATEMENT: Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006, approved by the voters as Proposition 1B at the November 7, 2006 general election, authorized the issuance of general obligation bonds for specified purposes, including grants for transit security. The City of Taft desires to apply for said financial assistance to purchase and installation of security cameras to be installed on transit buses. The grant amount is in the amount of $7,498, with no require match. RECOMMENDED ACTION: Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE CITY MANAGER AND/OR THE FINANCE DIRECTOR TO SUBMIT AN APPLICATION AND ENTER INTO A GRANT AGREEMENT IN THE AMOUNT OF $7, FOR THE STATE OF CALIFORNIA, FUNDING UNDER PROPOSITION 1B, PROVIDED BY CALIFORNIA GOVERNOR S OFFICE OF ENERGENCY SERVICES UNDER THE CALIFORNIA TRANSIT SECURITY GRANT PROGRAM (CTSGP). IMPACT ON BUDGET (Y/N): ATTACHMENT (Y/N): PREPARED BY: No Yes Resolution, Grant Assurances and Authorized Agent Teresa Binkley, Finance Director REVIEWED BY: CITY CLERK FINANCE DIRECTOR CITY MANAGER