8.16.120 Violations.
B
materials to confirm compliance with this chapter by Organic V/aste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, hauler, Food Recovery Service, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Sections 8.16.040 or 8.16.050, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Sections 8.16.040 or 8.16.050.
The regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or affange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.16.120.
Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
City representatives, its designated entity, andlor Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
C
D
E
A.
B
Any violation of this chapter shall be punishable as provided in Chapter 1.08 and may be the subject of administrative fines and penalties as provided in Chapter r.12.
Violation of Sections 8.16.020 through 8.16.110 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Enforcement Officer. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapters I . I 2 shall govem the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
Shafter City Council Ordinance No. 730
February 1,2022
C Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
Penalty Amounts for Types of Violations. The penalty amounts are set forth in Section 1.12.040.
Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter I .12.
F. Education Period for Non-Compliance.
Beginning January 1,2022 and through December 3I,2023, the City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January l, 2022, and that violations may be subject to administrative civil penalties starting on January I, 2024.
G. Civil Penalties for Non-Compliance.
Beginning January I,2024, if the City determines that an Organic Waste Generator, Self-Hauler, Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organízation, Food Recovery Service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.
H. Civil Penalties for Non-Compliance.
This chapter shall be interpreted consistent with the City's regulatory authority and shall only apply to local education agencies and other state or federal entities to the extent permitted by law, including SB 1383 Regulations.
D
E.
Al'.,,rv .r'l
City of Shafter
ST{AFTER COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT RESOLUTION OF INTENT TO AWARD CORE CITY RESIDENTIAL
SOLID WASTE SERVICES FRANCHISE TO AMERICAN REFUSE
RB,COMMENDATION
Council find that requested discussion and direction is exempt from the California Environmental Quality Act; and adopt Resolution 2839, a Resolution of the City Council of the City of Shafter Declaring Its Intent to Award a Solid Waste Franchise to American Refuse Company for purposes of Solid 'Waste Collection Services and Compliance with Senate Bill 1383; and setting a date for hearing to consider comments and/or objections to such award of franchise pursuant to Section
9.02(F) of the Charter of the City of Shafter.
BACKGROUND
At its November 16,2021 meeting this year, the Council was briefed by staff on the outcome of the Request for Proposals (RFP) for the Core City Residential Solid Waste Services Franchise.
The RFP intended to consider proposals from solid waste haulers to detail what services and resources they can provide to support the City's compliance with mandates established by State of California Senate Bill (SB) 1383.
American Refuse submitted the only proposal in response to the RFP, later deemed responsive by staff. Among the requested service options covered in their proposal is a three-cart program that would provide containers for trash, organics, and mixed recyclables that meet the State requirements. Combining their proposed collection service rate for all three containers with an assumed City franchise fee of l1o/o,residents receiving the service can expect to pay approximately 527 per month upon the City providing notice to residents in accordance with the requirements of Proposition 218 and Council authorization.
At the reconìmendation of staff, the Council authorized the preparation of a Resolution of Intent to award a franchise agreement to American Refuse. Following this direction, staff hosted a workshop on November 30, 2021 to receive and discuss public feedback concerning the City's proposed SB 1383 compliance plan. The residents participating in the workshop generally did not express opposition to the three-cart service. Still, they questioned a planned conversion from alley to curbside collections citywide, mostly citing access limitations with the movement of carts to a street. While curbside collections are not mandated by SB 1383, they would, in the opinion of staff and American Refuse, one serve as the best practice to meet compliance with State mandate; and, two alleviate significant logistical and enforcement challenges once residents start using the individual carts.
MANAGEMENT REPORT 2
Resolution of Intent to Award Core City Residential Solid Waste Services Franchise Agreement For Council consideration, the City Attorney has prepared a Resolution of Intent to award the Core City Residential Solid V/aste Services Franchise to American Refuse. The City's Charter requires adopting the resolution so the Council can later consider an ordinance to award the franchise. As implied by its title, the resolution declares the City Council's intent to award a franchise.
Additional time will allow for continued public outreach and compliance plan modifications before the formal action that commits the City to specific operational changes. Compliance with SB 1383 mandates requires this formal action to start next month.
FISCAL IMPACT
The work associated with the referenced franchise agreement preparation will be completed by staff and the contracted City Attorney within existing operating budgets. Therefore, no budget action is required.
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as aooProject" pursuant to Section 15378(bX5) of the CEQA Guidelines.
ATTACHMENTS
1. Resolution 2839
-2-
RESOLUTION NO. 2839
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER DECLARING ITS INTENT TO A\üARD A SOLID WASTE FRANCHISE
TO AMERICAN REFUSE COMPANY FOR PURPOSES OF SOLID
WASTE COLLECTION SERVICES AND COMPLIANCE WITH SENATE
BILL 1383; AND SETTING A DATE FOR HEARING TO CONSIDER
COMMENTS AND/OR OBJECTIONS TO SUCH A\ilARD OF
FRANCHTSE PURSUANT TO SECTTON 9.02(r) OF THE CHARTER OF
THE CITY OF SHAFTER
\ilHEREAS, in 2016, Governor Brown signed into law Senate Bill (SB) 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. SB 1383 is the State's most ambitious waste reduction law in the last 30 years and enacts the following targets to reduce organic waste in landfills:
WHEREAS, SB 1383 requires a 50olo reduction in the level of the statewide disposal of organic waste from the 2}l4levelby 2020 and a75%o reduction by 2025; and \ilHEREAS, SB 1383 also requires the recovery of at least 20%o of currently disposed surplus food by 2025; and
WHEREAS, in order to meet these requirements, SB 1383 mandates cities and counties Provide organic waste collection services to all residents and businesses; Develop and adopt an enforcement mechanism or ordinance by March 1,2022; Establish an edible food recovery program;
Update the City's procurement policy to purchase recycled content paper and recycled organic waste products (e.g., compost, mulch, and renewable natural gas) at a volume of 0.08 tons/resident;
Provide outreach and education for generators, haulers, facilities, edible food recovery organizations, and municipal departments;
Plan and secure access for recycling and edible food recovery capacity; Monitor compliance and conduct enforcement; and
Maintain accurate compliance records; and
WHEREAS, SB 1383 further requires jurisdictions throughout the State to adopt an ordinance or other similarly enforceable mechanism by March 1,2022 and mandates that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 to comply with SB 1383 regulatory requirements; and
WHEREAS' in order to meet the requirements of SB 1383 and the City's solid waste collection goals, the City of Shafter issued a request for proposals (RFP) seeking the services of solid waste companies to assist the City in meeting all of its SB 1383 requirements in a costeffective way that ensures compliance with SB 1383 for the Core City residential area; and WHEREAS, at the conclusion of the RFP process and after a review of the responses submitted, the City wishes to award a solid waste franchise to American Refuse Company; and I
2 a
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4 5.
6. 7.
8. Shafter City Council Resolution No. 2839
January 18,2022
Page2
WHEREAS, Section 9.02(F) of the Shafter Charter provides that before granting any franchise, the City Council shall adopt a resolution declaring its intention to grant same and stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted and WHEREAS Section 9.02(F) further provides that such resolution shall fix the day, hour and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council to be heard thereon; and WHEREAS the purpose of this Resolution is to comply with Section 9.02(F) of the Shafter Charter.
NO\il THEREFORE BE IT RESOLVED, by the City Council of the City of Shafter:
SECTION l. Recitals. The City Council hereby incorporates by reference the recitals of this Resolution.
SECTION 2. Hearins Date/TimeÆlace. The City Council hereby sets February l, 2022 at 6:00 pm at the City of Shafter Council Chambers located 336 Pacific Avenue, Shafter CA as the date, time and place where the City Council will consider the award of a solid waste/S81383 compliance franchise for the Core City area shown on the attached Exhibit "4." Any person having an interest in or objecting to the award of such franchise may appear and be heard by the City Council at that time.
SECTION 3. to the granting of such franchise may appear before the Council to be heard SECTION 4. thereon.
SECTION 5. Proposed Franchisee & Nature of Franchise. The City Council of the City of Shafter intends to consider the award of a solid waste/SB 1383 franchise to American Refuse Company. The franchise will include the following terms and conditions:
Term. Ten-Year Initial Term w/Option of Two Five-Year Extensions Franchise Fee. 15% of Gross Revenues
Terms & Conditions:
Use of three-cart program that would provide containers for trash, organic waste, and mixed recyclables that would meet the State mandate for residential diversion programs.
Free of charge weekly collections of approved bulky waste for residents receiving three-cart service through this franchise.
SECTION 6. Effective Date. This Resolution shall take effect and be in full force and effect I
2 J
A.
B.
2 upon its adoption.
Shafter City Council Resolution No. 2839
January 18,2022
Page2
PASSED AND ADOPTED THrS 18th DAy OF JANUARY' 2022.
Cathy L Prout, Mayor
ATTEST
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
J
Shafter City Council Resolution No.2839
January 18,2022
Page2
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City of Shafter
SI{AFTER COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
From: Gabriel A. Gonzalez, City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director
SUBJECT APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHAFTER ESTABLISHING AN UPDATED SCHEDULE OF USER AND
REGULATORY FEES
RECOMMENDATION
Council find the proposed action is not subject to the California Environmental Quality Act; and adopt Resolution 2840, a Resolution of the City Council of the City of Shafter establishing an updated schedule of user and regulatory fees. Fees will be effective February 1,2022.
BACKGROUND
The City's schedule of user and regulatory fees identifies fees for services and activities provided at the request of, or on behalf of, a single party as opposed to the public allarge. The fee schedule is intended to be reviewed annually, with staff conducting periodic studies to identiS the city's cost of providing fee-related services based on current labor rates and service delivery methods.
Typically, cost of service studies are completed every three to five years with incremental updates occurring in the years in between comprehensive studies. The most recent comprehensive cost of service study to set user and regulatory fees was completed in January 2018. The most recent periodic adjustment to fees was made on April 2I,2020. This update represents an interim year update with minor, incremental, changes proposed. A summary of the primary changes included in this interim update of fees is:
Planning Fees:
o The prior study established a long-term goal of 100% cost recovery for most development related planning fees. The City Council approved using a multi-year phase in-approach to enhance cost recovery with annual increases not to exceed 100á per year.
o Accordantly, with this update most of these fees are proposed to increase by 10%. o The City will continue to update fees annually until full cost recovery is achieved. o The City will continue to target less than full cost recovery for certain fees, such as:
sign permits, temporary occupancy permits, appeals, historical preservation land use contracts, home occupation permits, and special display permits.
MANAGEMENT REPORT 3
Approve a Resolution of the City Council of the City of Shafter establishing an updated schedule of User and Regulatory Fees
Construction Permit Fees. Public'Works Engineering. and Encroachment Fees:
Most fees are proposed to increase by 6%. This represents the annual change in all urban consumer price index for Los Angeles, Long Beach, Anaheim region (CPI). The adjustment is intended to maintain cost recovery levels and help minimize fee spikes that are more likely to occur if fees are left unchanged for several years.
Police Fees:
o Fees included in the City's fee schedule are proposed to either remain unchanged or increase by the annual change in regional CPI.
Field Rental" Facility Rental. and Special Event Application Fees: No fee changes are proposed.
CEQUA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(bX5) of the CEQA Guidelines.
FISCAL IMPACT
Modest increase in various areas (see fee schedule).
ATTACHMENTS
1. Resolution 2840
2. Illustration of Current and Proposed Fees
a
RESOLUTION NO. 2840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
ESTABLISHING AN UPDATED SCHEDULE OF USER AND REGULATORY FEES \ryHEREAS, the City Council establishes user and regulatory fees to offset all, orportions of, the costs of providing various services thaf are of special benefit to applicants or servicerecipients that are both separate and apart from the general benefit to thepublic; and WHEREAS, on Apnl2l,2020, the City Council adopted Resolution 2714 repealing Resolution No. 2645 and Establishing an Updated Schedule of User and Regulatory Fees; and WHEREAS, the City intends to periodically update fees based on direction provided in the Comprehensive User and Regulatory Fee Study, as part of the adoption of the existing fees, and feedback received subsequent to update of the City's existing fee schedule, and WHEREAS, the City defines "Regular Hours" as regular business hours between 8:00 AM until5:00 PM excluding City Holidays and Weekends. Certain service fees may include extra charges during 'After Hours" as cost recovery related to labor overtime, and WHEREAS, the City Council hereby finds that the comprehensive user and regulatory fee study prepared in 2020 and supporting documentation provides adequate evidence to conclude that the revised fees do not exceed the cost to provide the services for which the fees are charged; and
\ilHEREAS, the study identified several planning fees that recover less than fiftypercent (50%) of the City's cost of service. In these instances, the City Council desires to authoÅze the Administrative Services Director to make annual inflationary adjustments of 10% until said fees recover the City's cost of service. Once said fees reach the targeted recovery levels, the Administrative Services Director may annually update the fees based on the annual percentage change in the all-urban Consumer Price Index for Los Angeles, Riverside, Anaheim (CPD. Ifthe CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year; and
\ilHEREASo the study identified that construction permit fees recover less than the City's cost of service. In these instances, the City Council desires to authorize the Administrative Services Director to make annual inflationary adjustments of 5% until said fees recover the City's cost of service. Once said fees reach the targeted recovery levels, the Administrative Services Director may annually update the fees based on the annual percentage change in CPI. Ifthe CPI not change or goes down in a given year, no change shall be made to the fee schedule that year; and
WHEREAS, the City Council desires that annually the Administrative Services Director may increase various other fees in the schedule of fees based on the annual percentage change in CPL Ifthe CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year; and
\üHERBAS, prior to adopting adjustments to fees, the City Council shall have the opportunity to review and consider said adjustments; that:
Shafter City Council Resolution 2840
January 18,2022
Page2
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shafter, SECTION 1. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding ofthis City Council.
SECTION 2. The City Council hereby adopts the fees as set forth in attached Exhibit ''Arr and incorporated by this reference.
SECTION 3. Thisresolution shall become effective January 18,2022. The fees imposed by this resolution shall go into effect on either February 1,2022 as outlined in the Table of Contents of Exhibit "4".
SECTION 4. The City Clerk shall certifr to the passage and adoption of this resolution.
PASSED AND ADOPTED THrS 18th DAy OF JANUARY, 2022.
Cathy L Prout, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez,City Attorney
Shafter City Council Resolution 2840
January 18,2022
RESOLUTION 2840
EXHIBIT A
FEES
fAttached behind this page]
Services / Activities / Subject Matter Effective Date Page Planning Services February 1, 2022 1Engineering & Encroachments February 1, 2022 4Construction Permits February 1, 2022 6Miscellaneous Utility Services February 1, 2022 15Park and Facility Rentals February 1, 2022 16Special Events February 1, 2022 19Police Services February 1, 2022 20Animal Licensing and Control Fees February 1, 2022 21Records / City Service & Resource Support February 1, 2022 23Administrative Services February 1, 2022 25 City of Shafter
ILLUSTRATION OF CURRENT FEES, MAXIMUM FEES, AND PROPOSED FEES City of Shafter
MASTER FEE SCHEDULE ‐ Planning Services
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Annexation $9,812 $10,793 10.00%2 Business License Application Review Fee (Initial Year Only) $33 $36 10.00%3 Sign Permit $300 $318 6.00%4 General Plan Amendment $4,810 $5,291 10.00%5 Zone Change $4,810 $5,291 10.00%6 Zone Variance $1,924 $2,116 10.00%7 Conditional Use Permit $2,886 $3,174 10.00%8 Density Bonus $2,886 $3,174 10.00%9 Temporary Land Use Permit a) Temporary Occupancy Permit $771 $817 6.00%b) Temporary Land Use Permit (Major) $1,539 $1,693 10.00% 10 Land Review ‐ Preliminary Site Plan Review
a) Commercial
i) Less than 1 Acre $5,483 $6,031 10.00%
ii) 1 ‐ 5 Acres $7,215 $7,936 10.00%iii) More than 5 Acres $8,850 $9,735 10.00% b) Residential
i) Less than 1 Acre $5,868 $6,455 10.00%ii) 1 ‐ 5 Acres $7,407 $8,148 10.00%iii) More than 5 Acres $9,042 $9,947 10.00% 11 Final Development Plan ‐ Staff Review
a) Commercial
i) 5 Acres or Less $1,539 $1,693 10.00%
ii) More than 5 Acres $2,982 $3,280 10.00%
b) Residential $1,347 $1,481 10.00%
12 Architectural Review $269 $296 10.00%13 Tentative Tract Map a) 100 Lots or Less $5,772 $6,349 10.00%
b) More than 100 Lots
i) Base Fee for the first 100 Lots $5,772 $6,349 10.00% City of Shafter
MASTER FEE SCHEDULE ‐ Planning Services
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis ii) Per Lot Fee for each additional lot $12 $13 10.00%
14 Tentative Parcel Map (4 lots or less) $3,655 $4,021 10.00%15 Final Map Review $1,539 $1,693 10.00% 16 Outside Service Fees Associated with Mapping and Dev Review (in addition to other fees in this schedule) Example: Survey Fees, City Engineer Fees pass‐through plus 25% city
admin fee
pass‐through plus 25% city
admin fee
n/a
17 Appeal $500 $500 0.00%18 Categorical Exemption Review $385 $423 10.00%19 Negative Declaration $5,387 $5,926 10.00%20 Mitigated Negative Declaration $7,311 $8,042 10.00%21 Environmental Impact Report Actual Costs w/ $10K deposit Actual Costs w/ $10K deposit n/a22 Time Extension a) Planning Commission Only $500 $500 0.00%b) Planning Commission and Council $500 $500 0.00% 23 Lot Line Adjustment $1,077 $1,185 10.00%24 Parcel Merger $1,077 $1,185 10.00%25 Parcel Map Waiver $1,077 $1,185 10.00%26 Land Use Contracts a) Create Preserve $565 $599 6.00%
b) New Contract $600 $636 6.00%c) Non‐Renewal $770 $847 10.00%d) Cancellation $1,683 $1,852 10.00% 27 Specific Plan
a) Specific Plan $21,451 $23,597 10.00%
b) Specific Plan Amendment
i) Minor Amendment $3,848 $4,233 10.00%ii) Major Amendment $13,371 $14,708 10.00% 28 Change of Conditions of Approval $962 $1,058 10.00%29 Certificate of Compliance $577 $635 10.00%30 Home Occupation Permit $34 $36 6.00%31 Street Name / Name Change $1,732 $1,905 10.00% City of Shafter
MASTER FEE SCHEDULE ‐ Planning Services
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 32 Developer Agreement Preparation $5,387 $5,926 10.00%33 Removal of Deed Restriction on Real Property $192 $212 10.00% City of Shafter
MASTER FEE SCHEDULE ‐ Engineering & Encroachments
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Public Improvement ‐ Plan Check & Inspection
a) Up to 20 Lots [a] 5% of improvement cost 5% of improvement cost n/ab) More than 20 Lots [a] 3.5% of improvement cost 3.5% of improvement cost n/a 2 Map Review See Planning See Planning3 Grading Plan Check a) First Five Acres $621 $658 6.00%b) Each Additional Acre $37 $40 6.00% 4 Special Study Review T&M, plus 25% admin fee T&M, plus 25% admin fee n/a5 Encroachment Permit a) Permit Processing / Application Intake Fee $75 $79 6.00%b) Minor Encroachment i) Plan Review, if required $75 $79 6.00%ii) Inspection, if required $96 $102 6.00% c) Major Encroachment [b]
i) Plan Review, if required $310 $329 6.00%ii) Inspection, if required $621 $658 6.00% d) Expedited Requests (< 24 hours) 1.5x standard fee 1.5x standard fee n/a e) Projects lasting more than 3 days or excavation of more than 100 LF or 400 SF / non‐standard projects i) Plan Review, if required T&M, plus 25% admin fee T&M, plus 25% admin fee n/a ii) Inspection, if required T&M, plus 25% admin fee T&M, plus 25% admin fee n/aiii) City Staff Hourly Billing, if required $155 $164 6.00% per hour 6 Oversize Load Permit
a) One Day $16 $16 0.00%
b) Annual $90 $90 0.00%
7 Industrial Sewer Discharge Application Fee $1,247 $1,322 6.00%8 Survey / Monument T&M, plus 25% admin fee T&M, plus 25% admin fee n/a9 Special District Formation T&M, plus 25% admin fee T&M, plus 25% admin fee n/a 10 Reimbursement Agreement T&M, plus 25% admin fee T&M, plus 25% admin fee n/a 11 Easement T&M, plus 25% admin fee T&M, plus 25% admin fee n/a City of Shafter
MASTER FEE SCHEDULE ‐ Engineering & Encroachments
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 12 Vacation T&M, plus 25% admin fee T&M, plus 25% admin fee n/a13 Reversion to Acreage T&M, plus 25% admin fee T&M, plus 25% admin fee n/a14 Development Agreement T&M, plus 25% admin fee T&M, plus 25% admin fee n/a15 Well Permit a) Well Construction [c] $936 $993 6.00%b) Well Destruction $466 $493 6.00% c) Well Reconstruction [c] $701 $743 6.00%d) Each Additional Well Permit Design Review Required $535 $567 6.00% each 16 Extension of Time $118 $125 6.00%17 Revisions
a) Reviewed/Inspected by Outside Service Provider
i) Outside Service Provider Fee Time & Materials Time & Materials n/a ii) City Staff Review 25% of vendor costs 25% of vendor costs n/a b) Reviewed/Inspected by City Staff $155 $164 6.00% per hour 18 Excessive Resubmittals (4th and Subsequent)
a) Reviewed/Inspected by Outside Service Provider
i) Outside Service Provider Fee Time & Materials Time & Materials n/aii) City Staff Review 25% of vendor costs 25% of vendor costs n/a b) Reviewed/Inspected by City Staff $155 $164 6.00% per hour 19 After Hours Inspections $193 $204 6.00% per hr; 2 hr min. 20 Re‐Inspection (3rd time or more) and missed inspection $155 $164 6.00% each Notes:[b] Major encroachments are for projects requiring road closure, detour or significant traffic disruption, including temporary stops, putting City signals on flashing reds, work with flagging required, etc.[c] Fee includes well permit design review (initial review). If additional reviews are needed, additional fees will apply per review.[d] All fees include up to three plan checks and inspection and re‐inspection. The City will bill hourly for additional plan review and inspections required.[a] Improvement cost based on engineer's estimate.
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis A. Payment of Fees
Fees shall be paid in advance or at the time the fee is capable of calculation. Fees charged for additional work shall be paid prior to the commencement of the additional work for which a fee is assessed, prior to the issuance of a permit, or prior to approval of projects where a time and materials charge has been determined and additional fees have been calculated. Re‐inspection fees shall be paid prior to the next succeeding called inspection. Exceptions: The Building Official may waive payment of additionally charged fees or re‐inspection fees if it is determined that the delay or defect which necessitated special fees was occasioned without the fault or neglect of the permittee.B. Permit Issuance FeeFor each building, relocation, demolition, plumbing, mechanical, electrical, electrical maintenance, grading, or mobile home site preparation permit application, there shall be a permit issuance fee. Permits may be combined on any project and one issuance fee charged. 1 Permit Issuance Fee
a) Core Area $25 $27 5.00%b) Outside of Core Area $60 $63 5.00% 2 Permit Extension of Time $92 $96 5.00%3 Permit Fee Minimum a) Core Area $69 $72 5.00%
b) Outside of Core Area $103 $109 5.00%
C. Fee Refund Policy
Written requests stating the reason for termination must be made within the time limitations for plan checking or start of construction or approved extensions thereof granted by the Department and established by the Building Official. Requests made after expiration of the time limits will not be valid and the fees will be retained by the City. If permit has been issued to applicant, the approved plans and job card must be returned to the department for cancellation along with the letter of request. 1 Clerical Errors Fee Refund [a] $0 $0 n/a2 Project Termination by Written Request of the Applicant a) Project Termination by Written Request ‐ Prior to Plan Check [b] $90 $95 5.00%b) Project Termination by Written Request ‐ After Plan Check [c] $90 $95 5.00% D. Administrative Fees
1 Penalty for Work Commenced Without a Permit (penalty fee is in addition to standard fees due for work commenced without a permit)
[d] Equal to originally
applicable fees
Equal to originally
applicable fees
n/a
2 Special Inspection/Investigation Fee [e]
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis a) City Staff Costs $135 $142 5.00% per hourb) Outside Firm / Agency Costs actual cost actual cost n/a Time & Materials 3 Expungement of Recorded Notice of Building Code or Zoning Ordinance Violation [f] a) City Staff Costs $135 $142 5.00% per hour
b) Outside Firm / Agency Costs actual cost actual cost n/a Time & Materials 4 Re‐inspection / Missed Inspection Fee (for second and subsequent re‐inspections necessitated by faulty or incomplete work or missed inspections) ‐ each $101 $106 5.00% each
5 Demolition Permit $37 $39 5.00%6 Change of Occupancy Fee [g] $135 $142 5.00%7 Replacement of Plans / Job Card a) Replacement of Job Copy of Approved Plans $135 $142 5.00%b) Replacement of Inspection Record Card $34 $36 5.00% 8 Change of Contractor, Architect, Owner Processing $90 $95 5.00%9 Temporary Certificate of Occupancy $101 $106 5.00% 10 Request / Research for Alternative Methods / Product Review $135 $142 5.00% per hour11 Moved or Damaged Building Permit ‐ Moved or damaged building permit fees shall be calculated based upon the percentage of damage or the percentage of cost to repair the building. The square footage method of fee calculation shall be used to determine the amount of fee, in relation to the cost to construct a replacement building of similar use. A moved building shall be relocated under the same occupancy as is established under its current legal use. Proposed tenant improvements shall be valued and fees computed after the repairs to the building have been made. a) Minimum percentage of damage 35% 35% 0.00% of valuationb) Maximum percentage of damage 60% 60% 0.00% of valuation 12 Appeals
a) To Board of Building Appeals of Decision by the Building Official $1,500 $1,500 0.00%b) To City Council of Decision by the Board of Building Appeals $1,500 $1,500 0.00% 13 Hourly Rate or Charges for inspection/research services. Includes work which requires a permit but for which fees are not otherwise provided.
a) City Staff Costs $135 $142 5.00% per hour
b) Outside Firm / Agency Costs
i) Outside Firm / Agency Costs actual cost actual cost n/a Time & Materialsii) City Administrative Costs 35% 35% varies % of vendor costs 14 Special Inspection Registration $135 $135 n/a per inspector City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis E. Plan Check Fees
1 The total building permit fee, excluding the permit issuance fee, is composed of 1/3 plan check fee and 2/3 building inspection fee where the permit fee is determined by the percentage method of calculation.Exceptions:
a) The 1/3 plan check fee shall be deleted when no plan is required. The total building permit fee, excluding the permit issuance fee, shall be 2/3 of the permit fee determined by the percentage method of calculation.b) The plan check fee shall be reduced by 50%, or be equal to 1/6 of the building permit fee for a residential occupancy plan which is identical to a plan on which a permit has been issued within the previous six months. The total building permit fee, excluding the permit issuance fee, shall be 5/6 of the permit fee determined by the percentage method of calculation.
F. New Construction Permit Fee (Percentage Method of Calculation) 1 New construction for which square footage‐based valuation is available shall have permit fees based on the table listed below. Such fees shall include the plan check, building, electrical, mechanical, plumbing and strong motion instrumentation fees.Total Valuation $1 to $500,000 1.2% 1.2% 0.00% % of valuation$500,001 to $1,000,000 a) first $500,000 of valuation $6,000 $6,000 0.00% base feeb) valuation in excess of $500,000 up to and including $1,000,000 0.9% 0.9% 0.00% % of valuation $1,000,001 or more
a) first $1,000,000 of valuation $10,500 $10,500 0.00% base feeb) valuation in excess of $1,000,000 0.6% 0.6% 0.00% % of valuation 2 Permit fees for factory built housing shall total 50% of the amounts listed above City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 3 In determining valuation for the purpose of computing building permit fees, costs per square foot for various types of structures, as published under the heading BUILDING VALUATION DATA in the most current International Code Council (ICC) valuation table, shall be used. Amounts shown shall be multiplied by a factor as shown below. The adjustment factor will effectively reduce the project valuation for fee setting purposes in order to establish a correlation between fees calculated and services provided. For occupancies and/or types not included within the Building Valuations Data, the Building Official may determine valuations based on similar occupancies and/or types of other most current construction data. If the project valuation calculated using the most current ICC valuation table, adjusted by the factor identified below, result in fees that are not congruent with the services provided, the Building Official is authorized to use older versions of ICC valuation in order to calculate the project valuation for fee setting purposes. The Building Official shall not use ICC data older than that found in March‐April 2002 Building Standards.
Building Valuation Data Adjustment factor Most current table * .65 Most current table * .65 0.00% Exception: Valuations for agricultural pole buildings (Engineered shade structures with dirt floors only and no work stations; pole footings are included, concrete flat work is exempted from calculation) are as follows:
a) 16 feet or less in height, per square foot $5 $6 5.00% per square footb) Over 16 feet in height, per square foot $9 $10 5.00% per square foot 4 Strong Motion Instrumentation Fee
a) R‐Occupancies $0.00013 $0.00013 0.00% per $1 const. value b) All Other Buildings $0.00028 $0.00028 0.00% per $1 const. value 5 Community Planning Fee $0.00172 $0.00172 0.00% per $1 const. value G. Electrical Permit Fee Schedule (Itemized Method of Calculation) 1 Permit issuance fee, each permit issued
a) Core Area $25 $27 5.00%
b) Outside of Core Area $60 $63 5.00%
2 Services, each $34 $36 5.00%3 Alterations and Additions a) Where no structural work is being done or where it is impractical to use the percentage method of calculation i) Receptacles and lighting fixtures, each 10 or fraction thereof $34 $36 5.00%ii) Multi‐outlet assemblies (plug‐mold, light track, etc.), each 20 feet or fraction thereof $34 $36 5.00% b) For equipment rated in horsepower (HP), kilowatts (kW), or kilo‐volt amps (kVA), the fee for each motor, transformer and/or appliance shall be:
i) 0 through 5 $23 $25 5.00%
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis ii) 5.1 through 15 $34 $36 5.00%iii) 15.1 through 100 $68 $72 5.00%iv) 100.1 through 500 $68 $72 5.00%v) Over 500 $68 $72 5.00% Notes: For equipment or appliances that have more than one motor, heater, or combination of both, the sum of the combined ratings may be used to compute the fee. These fees shall include all switches, circuit breakers, contractors, relays and other directly related control equipment. 4 Temporary Services
a) Temporary or construction services including pole or pedestal $34 $36 5.00%b) Additional supporting poles, each $23 $25 5.00% Miscellaneous
5 Area lighting standards (over six feet in height)
a) Up to and including ten on a site, each $23 $25 5.00%b) Over ten on a site, each $11 $12 5.00% 6 Temporary sale stands, Christmas tree lots, etc. (including service) $45 $48 5.00%7 Overhead line construction, poles and anchors, each (in addition to all other applicable fees in this schedule)
$11 $12 5.00%
8 Illuminated Sign ‐ alteration of any existing sign, each $45 $47 5.00% 9 Solar (Photovoltaic)
a) Solar (PV) less than 10kW $90 $95 5.00%
b) Solar (PV) greater than 10kW $90 $95 5.00%c) Each additional string (<20) $11 $12 5.00% H. Mechanical Permit Fee Schedule (Itemized Method of Calculation) 1 Permit issuance fee, each permit issued
a) Core Area $25 $27 5.00%
b) Outside of Core Area $60 $63 5.00%
2 For the installation or relocation of forced‐air or gravity‐type furnaces or burners, including ducts and vents attached to such appliances
$56 $58 5.00%
3 For the installation or relocation of combination heating/air conditioning units, including ducts and vents attached to such appliances
$45 $47 5.00%
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 4 For the installation or relocation of each suspended heater, wall heater, floor mounted unit heater, or floor furnace (no ducts)
$34 $36 5.00%
5 For the installation or relocation of each appliance vent installed and not included in an appliance permit
$16 $17 5.00%
6 For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, comfort cooling unit, absorption unit, or each comfort heating, cooling, absorption, or evaporative cooling system, including installation of controls. $16 $17 5.00%
7 For the installation or relocation of boilers or compressors $56 $58 5.00%8 For the installation or relocation of absorption system (Note: This fee shall not apply to air handling unit which is a portion of a factory‐assembled appliance, comfort cooling unit, evaporative cooler or absorption unit for which a permit is required.) $56 $58 5.00%
9 For each air handling unit up to and including 10,000 cubic feet per minute, including ducts attached thereto (Note: This fee shall not apply to air handling unit which is a portion of a factory‐assembled appliance, comfort cooling unit, evaporative cooler or absorption unit for which a permit is required.) $45 $47 5.00%
10 For each air handling unit over 10,000 cubic feet per minute $45 $47 5.00%11 For each evaporative cooler other than portable type $23 $24 5.00% 12 For each ventilation fan connected to a single duct $16 $17 5.00%13 For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit
$16 $17 5.00%
14 For the installation of each commercial hood which is served by mechanical exhaust, including the ducts for such hood
$124 $130 5.00%
15 For Installation or relocation of freestanding fireplace, including vent $68 $72 5.00%16 For Installation or relocation of each commercial or industrial type incinerator $68 $72 5.00%17 For each appliance or piece of equipment not classed in other appliance categories, or for which no other fee is listed in this schedule
$68 $72 5.00%
18 Mechanical Change‐Out
a) Condenser Only $56 $58 5.00%
b) Furnace Only $56 $58 5.00%c) Other Equipment $68 $72 5.00%d) Packaged Unit $56 $58 5.00%e) Repair / Alteration $16 $17 5.00%f) Split‐System $101 $106 5.00% I. Plumbing Permit Fee Schedule (Itemized Method of Calculation) 1 Permit issuance fee, each permit issued
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis a) Core Area $25 $26 5.00%b) Outside of Core Area $60 $63 5.00% 2 For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and back‐flow protection therefore)
$23 $24 5.00%
3 For each building, mobile home, commercial coach or manufactured house sewer $45 $47 5.00%4 For rain water systems, each drain (inside building) $23 $24 5.00% 5 For each water heater or vent $18 $19 5.00%6 For gas‐piping system outlet a) First $23 $24 5.00%
b) each additional, per outlet $11 $12 5.00%
7 For each grease interceptor or industrial waste pre‐treatment interceptor, including its trap, vent, and traffic slab
$45 $47 5.00%
8 For installation, alteration, or repair of water piping and/or water treating equipment, each fixture
$23 $24 5.00%
9 For repair or alteration of drainage or vent piping, per fixture or unit $23 $24 5.00% 10 For each vacuum breaker or back‐flow protective device $16 $17 5.00% 11 For each water service $34 $36 5.00%12 For each outlet not serving a fixture, each outlet $11 $12 5.00%13 For each private sewage disposal system consisting of one septic tank, seepage pit, cesspool, or drain line
a) First $68 $71 5.00%
b) each additional $34 $36 5.00%
14 For any change or repair to existing septic tank, seepage pit, or drain line $68 $71 5.00%15 For the abandonment of septic systems $45 $47 5.00%16 For each graywater system $45 $47 5.00%17 Solar (Thermal) $45 $47 5.00% J. Special / Miscellaneous Permits
1 Permit issuance fee, each permit issued
a) Core Area $25 $26 5.00%
b) Outside of Core Area $60 $63 5.00%
2 Awning / Canopy (Supported by Building) $202 $213 5.00%3 Balcony Addition $270 $284 5.00% City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 4 Block/Retaining Wall
a) Block Wall ‐ First 100 LF $101 $106 5.00%
b) Block Wall ‐ Each Add'l 50 LF $11 $12 5.00%c) Retaining / Combination Wall ‐ Each 50 LF $11 $12 5.00% 5 Commercial Coach / Temporary Trailer Installation $169 $177 5.00%6 Disabled Access Compliance Inspection $135 $141 5.00% per hour 7 Fence
a) Fence ‐ First 100 LF $101 $106 5.00%
b) Fence ‐ Each Additional 50 LF $11 $12 5.00%
8 Fireplace ‐ Masonry $337 $354 5.00%9 Patio Cover / Covered Porch / Lattice a) Standard, Open, Pre‐Engineered (First) $169 $177 5.00%b) Standard, Enclosed, Pre‐Engineered (First) $270 $284 5.00%c) Special Design (First) $169 $177 5.00% d) Each Additional $68 $71 5.00%
10 Pool / Spa
a) Swimming Pool / Spa $270 $284 5.00%
b) Detached Spa / Water Feature $169 $177 5.00%c) Gunite Alteration $270 $284 5.00%d) Equipment Changeout Alone $101 $106 5.00% 11 Re‐roof ‐ Residential
a) Re‐Roof ‐ Up to 2,000 SF $68 $71 5.00%
b) Re‐Roof ‐ Each Additional 1,000 SF $11 $12 5.00%
12 Sign
a) Monument Sign ‐ First $169 $177 5.00%
b) Monument Sign ‐ Each Additional $34 $36 5.00%c) Wall/Awning Sign ‐ First $101 $106 5.00%d) Wall/Awning Sign ‐ Each Additional $45 $47 5.00% 13 Storage Racks
a) Storage Racks ‐ First 100 LF $135 $141 5.00%
City of Shafter
MASTER FEE SCHEDULE ‐ Construction Permits
# Activity Description Note Fee Effective July 1, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis b) Storage Racks ‐ Each Additional 100 LF $11 $12 5.00% 14 Stucco Application
a) Stucco Application ‐ First 500 SF $90 $94 5.00%b) Stucco Application ‐ Each Additional 500 SF $11 $12 5.00% 15 Foundation Only Permits (minimum) $202 $213 5.00%
16 Window Replacement
a) Window Replacement ‐ Up to 5 Windows $68 $71 5.00%b) Window Replacement ‐ Each Additional Window $11 $12 5.00% * Core Area is area within City limits North of Riverside Street and West of Cherry Avenue.Notes:[f] Expungement of Recorded Notice of Building Code or Zoning Ordinance violation. This charge shall include all file preparation, investigation, consulting, administrative, recordation, public hearing, and any other costs associated with the processing and correction of the violation.[g] For the survey of a structure to determine what changes must be made to qualify a building for desired type of occupancy (including garage conversion).[a] Clerical errors on the part of the City, resulting in overpayment. Refund, in full, fees paid that exceed the true and correct fee.[b] Request prior to any plan checking or other work being done by the department. Refund of fees paid, including plan check fees, but less the issuance, the processing and strong motion instrumentation fees. [c] Request any time after plan check by the department has started, but prior to start of construction. Refund of fees paid, less all plan check fees and less the issuance, the processing and strong motion instrumentation [d] For work commenced without a permit applicant shall pay penalty fee, plus any originally required fees for work (i.e. applicant will pay 2x original fees for commencing work without a permit). [e] For inspection, investigation and research of any work done without benefit of required permits or any land use not in compliance with any City Ordinances. This charge may also include file preparation, consulting, and any applicable administrative costs. Also applies to any special inspection/investigation at the request of the public.
City of Shafter
MASTER FEE SCHEDULE ‐ Miscellaneous Utility Services
# Activity Description Note Fee Effective April 3, 2020 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Water Delinquent Turn On/Off $35 $35 0.00% each2 Utility Sign‐up Service $20 $20 0.00% per request3 Lost Utility Bill Replacement $5 $5 0.00% per request4 Temporary Fire Hydrant Water Service a) Initial Set Up $60 $60 0.00% per meter
b) Disconnect $60 $60 0.00% per meterc) Meter Security Deposit $1,000 $1,000 0.00% per meterd) Monthly Water Service Fee i) Fixed Monthly Water Service Fee see approved rate schedule see approved rate schedule n/aii) Standard Usage Rate see approved rate schedule see approved rate schedule n/aiii) Supplemental Usage Rate see approved rate schedule see approved rate schedule n/a 5 Cut Lock Fee $135 $143 6.00% per occurrence6 Meter Tampering Fee/Broken Valve a) Materials Replacement Costs / Vendor Service Costs Actual Costs Actual Costs n/a time & materials b) Hourly Rate for City Services
i) Normal Hours $88 $94 6.00% per hourii) After Hours $125 $132 6.00% per hour 7 After Hours Turn On/Turn Off $125 $132 6.00% per request8 Excessive On/Off Request ‐ Normal Hours $52 $55 6.00% beg w/ 3rd in 24 hrs 9 Refuse Bin Replacement / Add'l Bin Fee $125 $132 6.00% each 10 Water Theft Fee
a) Theft from Fire Hydrant $500 $500 0.00% per occurrenceb) Other i) First Offense $150 $150 0.00% per occurrence
ii) Second and Each Additional Offense in a 12‐month period $500 $500 0.00% per occurrence City of Shafter
MASTER FEE SCHEDULE ‐ Park and Facility Rentals
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis Reservation of Covered / Uncovered Space
1 Covered Space
a) Shafter Community‐Based Non‐Profit Organization/Resident [a] i) Minimum Fee (includes up to 2 hours) $30 $30 0.00% minimum feeii) Per hour for each additional hour (2 add'l hours maximum) $10 $10 0.00% 2 hour maximumiii) Maximum Fee (4 hours) $50 $50 0.00% maximum fee b) All Others (e.g. Non‐Resident / Commercial)
i) Minimum Fee (includes up to 2 hours) $60 $60 0.00% minimum feeii) Per hour for each additional hour (2 add'l hours maximum) $20 $20 0.00% 2 hour maximumiii) Maximum Fee (4 hours) $100 $100 0.00% maximum fee 2 Uncovered Space
a) Shafter Community‐Based Non‐Profit Organization/Resident [a] i) Minimum Fee (includes up to 2 hours) $20 $20 0.00% minimum feeii) Per hour for each additional hour (2 add'l hours maximum) $5 $5 0.00% 2 hour maximumiii) Maximum Fee (4 hours) $30 $30 0.00% maximum fee b) All Others (e.g. Non‐Resident / Commercial)
i) Minimum Fee (includes up to 2 hours) $40 $40 0.00% minimum feeii) Per hour for each additional hour (2 add'l hours maximum) $10 $10 0.00% 2 hour maximumiii) Maximum Fee (4 hours) $60 $60 0.00% maximum fee 3 Water Key Deposit $25 $25 0.00% refundable deposit
Reservation of Sports Field
4 Sports Field Reservation ‐ Without Lights
a) Local Non‐Profit Youth Sports Organization [a]
i) Monthly Fee $50 $50 fee reduced per month
b) Shafter Community‐Based Non‐Profit Organization/Resident [a] i) Minimum Fee (includes up to 4 hours) $20 $20 0.00% minimum feeii) Per hour for each additional hour (4 add'l hours maximum) $5 $5 0.00% 4 hour maximumiii) Maximum Fee (4 hours) $40 $40 0.00% maximum fee c) All Others (e.g. Non‐Resident / Commercial)
i) Minimum Fee (includes up to 4 hours) $40 $40 0.00% minimum fee City of Shafter
MASTER FEE SCHEDULE ‐ Park and Facility Rentals
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis ii) Per hour for each additional hour (4 add'l hours maximum) $10 $10 0.00% 4 hour maximumiii) Maximum Fee (4 hours) $80 $80 0.00% maximum fee 5 Sports Field Lighting, if Requested
a) Local Non‐Profit Youth Sports Organization [a] No Charge No Charge fee reduced (no charge)b) Shafter Community‐Based Non‐Profit Organization/Resident [a] $10 $10 0.00% per hourc) All Others (e.g. Non‐Resident / Commercial) $20 $20 0.00% per hour City Facility Rentals
6 Veterans Building [e]
a) Veteran Association, Veterans Service Organization, or Non‐profit Veteran Service Agencies Organization or Individual Veteran [d]
i) Reservation Application Processing Fee $25 $25 0.00%ii) Security Deposit (no Alcohol) [b] $0 $0 0.00%iii) Security Deposit (Alcohol Use) [b] $350 $350 0.00%iv) Building Rental Fee No Charge No Charge fee reduced (no charge)v) Kitchen Rental No Charge No Charge fee reduced (no charge)vi) Security Guards, if required contract rate contract rate 0.00% per hourvii) Special Event Insurance Quote, if requested [c] $30 $30 0.00% per event b) Shafter Community‐Based Non‐Profit Organization [a]
i) Reservation Application Processing Fee No Charge No Charge 0.00%ii) Security Deposit [b] $0 $0 0.00%iii) Building Rental Fee No Charge No Charge 0.00%iv) Kitchen Rental No Charge No Charge 0.00%v) Security Guards, if required contract rate contract rate 0.00% per hourvi) Special Event Insurance Quote, if requested [c] $30 $30 0.00% per event c) All Others
i) Reservation Application Processing Fee $25 $25 0.00% non‐refundableii) Security Deposit $350 $350 0.00% refundableiii) Building Rental Fee a) Per hour fee, for first six hours (2 hour minimum) $50 $50 0.00% per hour; 2 hr minimumb) Fee per additional hour $30 $30 0.00% per hour City of Shafter
MASTER FEE SCHEDULE ‐ Park and Facility Rentals
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis iv) Kitchen Rental
a) On‐site Serving incl'd in rental incl'd in rental 0.00%b) Off‐site Serving, per hour $50 $50 0.00% per hour; 2 hr minimum v) Security Guard contract rate contract rate 0.00% per hourvi) Special Event Insurance Quote, if requested [c] $30 $30 0.00% per event 7 Other City Locations (e.g. City Training Room, City Hall Conference Room) a) Shafter Community‐Based Non‐Profit Organization/Resident [a] i) Reservation Application Processing Fee $25 $25 0.00% non‐refundable ii) Security Deposit $350 $350 0.00% refundableiii) Building Rental Fee, per hour (2 hour minimum) $25 $25 0.00% per hour; 2 hr minimumiv) Security Guards, if required contract rate contract rate 0.00% per hourv) Special Event Insurance Quote, if requested [c] $30 $30 0.00% per event b) All Others (e.g. Non‐Resident / Commercial)
i) Reservation Application Processing Fee $50 $50 0.00% non‐refundableii) Security Deposit $500 $500 0.00% refundableiii) Building Rental Fee, per hour (2 hour minimum) $50 $50 0.00% per hour; 2 hr minimumiv) Security Guards, if required contract rate contract rate 0.00% per hourv) Special Event Insurance Quote, if requested [c] $30 $30 0.00% per event Notes:[a] Local non‐profit status is determined by the address of registration with the IRS or Secretary of State and must be an address within the Shafter City limits.[b] No initial security deposit is required, but renter/user is responsible for any damage or cleanup costs incurred.[e] Recurring reservations submitted on one application are subject to only one application and processing fee.[d] Applicant must be a Veteran Association, Veterans Service Organization, or Non‐profit Veteran Service Agencies Organization using the facility for the purposes of official meetings or events or an Individual Veteran, when using the facility for a direct veteran: advocacy, honoring, celebrating, or similar.[c] Fee shown is for the cost of obtaining the quote. The actual charge for the insurance premium will be in addition to the fee to quote (i.e. total cost is quote fee plus actual premium cost).
City of Shafter
MASTER FEE SCHEDULE ‐ Special Events
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Special Event Permit
a) Application Review and Processing Fee
i) City Sponsored Event/Shafter Community‐Based Non‐Profit Organization/Resident [a] [b] $25 $25 0.00% per application
ii) Non‐Local Non‐Profit Organization $50 $50 fee reduced per applicationiii) All Others $150 $150 0.00% per application b) City Resource Support (Event Planning Support), if required $77 $81 6.00% per hourc) Special Service Requests for City Staff, if required (e.g. barricade setup, police services) overtime rate overtime rate n/a per hour
d) Applicable Permit Fees for Construction, Traffic Control, if required see fee schedule see fee schedule n/ae) Business License, if required business license fee business license fee n/af) Special Event Insurance Quote [c] $30 $30 0.00%g) Deposit for use of City Equipment [b] $350 $350 0.00% refundable deposit Notes:[a] Local non‐profit status is determined by the address of registration with the IRS or Secretary of State and must be an address within the Shafter City limits.[c] Fee shown is for the cost of obtaining the quote. The actual charge for the insurance premium will be in addition to the fee to quote (i.e. total cost is quote fee plus actual premium cost). [b] For local, non‐profit, and non‐religious entities with an event that is free to attend and open to the community, the City will provide, upon request and subject to availability: city‐owned light plants, generators, cones, and barricades for use during the event. All such equipment must be set up, maintained, and removed by City employees exclusively. No initial security deposit is required.
City of Shafter
MASTER FEE SCHEDULE ‐ Police Services
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Police Report $20 $20 0.00% each2 Fingerprinting $25 $25 0.00% each3 Clearance Letter $25 $25 0.00% each4 Citation Sign‐off $10 $10 0.00% each5 Vehicle Repossession Fee [a] $15 $15 0.00% each6 Vehicle Impound / Tow / Release $160 $169 6.00% each7 Vehicle Abatement ‐ Public Property $160 $169 6.00% each8 Vehicle Abatement ‐ Private Property $160 $169 6.00% each9 Vehicle Inspection Service $21 $22 6.00% each 10 Dance Permit $53 $56 6.00% each11 Concealed Weapon Permit a) Initial Application $100 $100 0.00% each
b) Renewal $25 $25 0.00% eachc) Amended License $10 $10 0.00% each 12 False Alarm Response
a) First (within a 12‐month period) $0 $0 0.00% eachb) Second (within a 12‐month period) $0 $0 0.00% eachc) Third and Each Subsequent (within a 12‐month period) $150 $150 0.00% each 13 Special Requests for Police Services overtime rate overtime rate n/a each14 Special Display Permit $34 $36 6.00% each Notes:[a] CA Government Code Sec. 41612.
City of Shafter
MASTER FEE SCHEDULE ‐ Animal Licensing and Control Fees # Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis Dog License Fees
1 Natural Dog
a) One Year Option $35 $35 0.00%b) Two Year Option $65 $65 0.00%c) Three Year Option $100 $100 0.00% 2 Altered Dog
a) One Year Option $15 $15 0.00%
b) Two Year Option $20 $20 0.00%c) Three Year Option $30 $30 0.00% 3 Service Dog License $0 $0 0.00%4 Delinquent Penalty $53 $56 6.00%5 Animal Microchip $0 $156 Lost Tag Replacement $5 $6 6.00%7 Dangerous Animal $128 $135 6.00% Impound Fees
8 Licensed Animal
a) Unaltered First Impound $25 $25 0.00%b) Altered First Impound $15 $15 0.00%c) Second Impound $80 $80 0.00%d) Third Impound and Subsequent Impounds $160 $160 0.00% 9 Unlicensed Animal
a) First Impound $40 $40 0.00%b) Second Impound $80 $80 0.00%c) Third Impound and Subsequent Impounds $160 $160 0.00% 10 Dangerous Animals
a) First Impound $100 $100 0.00%b) Second Impound $200 $200 0.00%c) Third Impound and Subsequent Impounds $400 $400 0.00% Impound Fine for Nonspayed or Unneutered Animal
11 First Impound [a] $35 $35 0.00%12 Second Impound [a] $50 $50 0.00%13 Third Impound and Subsequent Impounds [a] $100 $100 0.00% City of Shafter
MASTER FEE SCHEDULE ‐ Animal Licensing and Control Fees # Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis Care and Feeding Per Day
14 Up to 100 lbs $15 $15 0.00%
15 Over 100 lbs $25 $25 0.00%16 Female Dog in Season $20 $20 0.00% Owner Surrender Animals
17 Healthy Delivered to Shelter $20 $20 0.00%
18 Euthanized Delivered $45 $55 22.22%
Adoption
19 Dog $75 $75 0.00%
20 Cat $40 $40 0.00%
Animal Trap Rental Fees
21 Rental Deposit $65 $65 0.00%
22 Per Day Rental Fee No Charge No Charge 0.00%23 Reclaiming Trap $100 $100 0.00% Notes:[a] Food and Agriculture Code Sections 30804.7 and 31751.7. These amounts are in addition to impound fees.
City of Shafter
MASTER FEE SCHEDULE ‐ Records / City Service & Resource Support # Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 General Copying (Public Records)
a) 8.5 x 11" (letter) or 8.5 x 14" (legal) $0.20 $0.20 0.00% per page b) 11 x 17" $0.20 $0.20 0.00% per pagec) Oversize / All Others i) Materials Costs actual cost actual cost n/a time & materialsii) Outside Service Costs actual cost actual cost n/a time & materialsiii) City Staff Costs $76 $80 6.00% per hour; 15‐min increment 2 Electronic Public Records
a) Records Currently Stored Electronically
i) City Staff Costs $76 $80 6.00% per hour; 15‐min increment b) Documents Scanned for Email
i) City Staff Costs $76 $80 6.00% per hour; 15‐min increment c) Documents Requiring Formatting, Programming, Development, etc. i) Materials Costs [a] actual cost actual cost n/a time & materialsii) Outside Service Costs actual cost actual cost n/a time & materials iii) City Staff Costs $76 $80 6.00% per hour; 15‐min increment 3 Audio / Digital Media Public Records
a) Materials Costs [a] actual cost actual cost n/a time & materialsb) Outside Service Costs actual cost actual cost n/a time & materials c) City Staff Costs $76 $80 6.00% per hour; 15‐min increment 4 Mailing Public Records actual cost actual cost n/a envelope, postage, etc.5 Document Certification / Notary $15 $15 0.00% per request6 Use of City Resources for Shafter Community‐Based Non‐Profit Organization a) Use of Printer / Copier
i) Black & White $0.03 $0.03 0.00% per 8.5" x 11" image ii) Color $0.07 $0.07 0.00% per 8.5" x 11" imageiii) Poster Printing $0.48 $0.48 0.00% per square footiv) Materials Cost (e.g. Paper provided by the City) actual cost actual cost n/a time & materials b) City Staff Assistance with Design & Printing, Website/Electronic Advertising, Special Event Planning Coordination i) Basic [b] No Charge No Charge n/a
City of Shafter
MASTER FEE SCHEDULE ‐ Records / City Service & Resource Support # Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis ii) Intermediate [c] $25 $25 0.00% per fileiii) Advanced [d] $76 $80 6.00% per hour Notes:[d] Any design work or updating of text. [a] e.g. storage device[b] Files are supplied to staff member electronically or physically 100% complete and ready to print. Staff assistance is limited to sending electronic files to copier/printer. Requesting party is onsite to offload printer. [c] Files are supplied to staff member electronically or physically 100% complete and ready to print. Some additional services may be requested and are fulfilled by City Staff. Can include mail merge/envelope printing, cutting, folding, ordering paper. Services for collating, sorting, or adhering posters to poster boards are no longer offered.
City of Shafter
MASTER FEE SCHEDULE ‐ Administrative Services
# Activity Description Note Fee Effective April 3, 2019 Fee Effective February 1, 2022 Yearly Change Charge Basis 1 Credit Reference $20 $20 0.00% per request2 Returned Check Fee a) First Check [a] $25 $25 0.00% eachb) Each Additional Check [a] $35 $35 0.00% each 3 EFT/ACH Return/Error $25 $25 0.00% each4 W‐2 Duplicate $20 $20 0.00% per request5 Paycheck Stub Duplicate $5 $5 0.00% per request6 Wage Garnishment Fee [b] $1.50 $1.50 0.00% each; per pay period7 Fee for the Replacement of a City of Shafter Library Book, Equipment, Tools, or Other Material that is Lost or Damaged Beyond Use.
Actual Cost 0.00% Cost Recovery
Notes:[a] CA Civil Code Sec 1719[b] CA Family Code Sec 5235(d) A
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City of Shafter
SFIAFTER COUNCIL AGENDA REPORT
Meeting Date
FROM:
January 18,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: FRANCHISE HAULING AGREEMENT AMENDMENT _ TRANSFER OF
FRANCHISEE FROM VARNER BROS TO BURRTEC WASTE
RECOMMENDATION
Council find that requested discussion and direction is exempt from the California Environmental Quality Act; approve the First Amendment to Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling, and Green Waste in East Shafter; and authorize the Mayor and City Attorney to execute said agreement amendment of behalf of the City.
BACKGROUND
In2016, the City awarded two solid waste franchise hauling agreements to American Refuse and Varner Bros to serve 'oEast Shafter", which is all City residents and businesses outside the Core City, with trash and recyclable collections. At the end of 2021, Varner Bros (Varner) notified the Staff that it had decided to sell all of its business and operational interests, including those committed to Shafter, to Burrtec Waste (Burrtec), based in San Bernardino, California.
Burrtec and its sister company, EDCO Disposal Corporation, comprise the largest privately held solid waste company in the state. They currently service dozens of cities and communities in Southern Califomia, the closest to Shafter being Valencia and Santa Clarita. Additionally, Varner has confirmed Burrtec's ability and resources to maintain the franchise service levels for existing and future customers within the Shafter service areas, including all of Gossamer Grove and portions of the Shafter Airport and Industrial Park.
Transferring the assigned franchisee is permitted through the current agreement, provided the existing franchisee submits a payment of $10,000 to the City to cover foreseeable legal costs to review and facilitate the transfer. Varner Bros has fulfilled this requirement and agreed to execute a franchise agreement amendment reviewed and approved by the City Attorney to authorize the transfer to Burrtec formally. Upon execution of the amendment, Burrtec will be subject to the current term of the agreement, which will expire on July 3I,2026, but can also be extended for two consecutive five-year terms.
ï
MANAGEMENT REPORT
Franchise Hauling Agreement Amendment - Transfer of Franchisee from Varner Bros to Burrtec Waste
FISCAL IMPACT
Varner Bros has submitted payment of $10,000, as required by its cuffent franchise agreement, to cover the City's legal costs for developing and completing the amendment to approve the transfer to Burrtec Waste. Based on the accrued expenses for the City Attorney's input, this payment has been deemed sufficient by staff. Once the franchise transfer is official, Burrtec can provide the solid waste services under the current franchise agreement in the same capacity that Varner had provided. Therefore, no budget action is required by the Council.
CEQA ANALYSIS
The requested action is exempt from the California Environmental Quality Act. The proposed franchise agreement amendment transfers the franchisee to another company without solid waste service changes or expansions.
ALTERNATIVES
The Council can authorize terminating the existing franchise agreement and direct staff to seek proposals from qualified solid waste haulers to develop and award a new franchise agreement.
However, such action would add legal and staff costs and likely not result in a favorable outcome with competitive proposals. In addition, with increased State regulations, the list of qualified and capable haulers is minimal. Fortunately, Varner Bros has agreed to sell its interests in the Shafter service area to one of those haulers, which has a good track record and will honor the terms of the current franchise that has worked well for the City and affected residents and businesses.
Therefore, alternative action is not recommended.
ATTACHMENTS
First Amendment to Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling, and Green Waste in East Shafter
Notice from Varner Bros., Inc. for Assignment of Exclusive Franchise Agreement I
2 -2-
FIRST AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR
COLLECTION AND HANDLING OF SOLID WASTE, RECYCLING, AND
GREEN WASTE IN EAST SHAFTER
Tnrs Frnsr Aru¡eruoruerur ro AoReEMENT FoR THE Cor-¡-ecroN AND Hrnor-r¡rc or Souo Wnsre(the..@t,,),whichismadeandenteredintothisdayof
by and between the CITY OF SHAFTER, a charter city and municipal corporation of the State of California ("CITY"), and VARNER BROS., lNC., a California corporation(.,WR''),withrespecttothefollowingrecitals.clTYand CONTRACTOR pre individually referred to as a "&ly" and collectively referred to as the "&rticg."
RECITALS
WHEREAS, City and Contractor previously entered into that certain Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling, and Green Waste in East Shafter dated June 10,2016 (the "Agreement") whereby CITY granted CONTRACTOR an exclusive franchise to collect and transport Solid Waste, Recyclables, Green Waste, and Organic Waste (as those terms are defined in the Agreement) within that certain Franchise Area described in said Agreement; and WHEREAS, Section 15.7 of the Agreement provides that any assignment by CONTRACTOR of the Agreement requires the written consent of the CITY as evidenced by a written amendment to the Agreement signed by both CONTRACTOR and the CITY; and WHEREAS, the second paragraph of Section 15.7 provides that "[T]he sale, transfer, assignment or hypothecation of a majority ownership interest in CONTRACTOR" is "deemed to be an assignment of the Agreement and is prohibited in the absence of a written amendment to this Agreement;" and
WHEREAS, the shareholders of CONTRACTOR (the "Shareholders") have entered into an agreement to sell all of their outstanding stock of CONTRACTOR (the "Stock") to Burrtec Kern, LLC, a California limited liability company ('BURRTEC"); and WHEREAS, CONTRACTOR has requested the consent of CITY to the sale of the shareholders' stock in CONTRACTOR, and CITY has reviewed the request and desires to consent to the proposed sale of Stock and deemed assignment of the Agreement to BURRTEC; and
WHEREAS, CONTRACTOR and CITY desire to amend the Agreement to permit the deemed assignment of the Agreement upon consummation of said sale of the Stock to BURRTEC;
NOW, THEREFORE, the Parties hereby amend the Agreement effective as of the date first set forth above as follows:
1 L The proposed sale of the Stock to BURRTEC is hereby approved by CITY. Upon the close of the sale and transfer of Stock to BURRTEC, the deemed assignment of the Agreement shall be approved by CITY.
2. lf the proposed sale of Stock to BURRTEC is not consummated, the foregoing amendment to the Agreement shall be of no effect.
3. Except as modified by this Amendment, the Agreement shall remain unchanged and in fullforce and effect.
All other provisions of the Agreement to the extent not inconsistent with the provisions of this Amendment are hereby ratified and affirmed.
lN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date first above written.
CITY OF SHAFTER, a Charter City and
Municipal Corporation of the State of California
By
Its
ATTEST
APPROVED AS TO FORM
, City Attorney
VARNER BROS., INC
By
Jacob Panero, its CEO
By
By
2 Varner Bros., lnc.
Materia I Col lectionlTransportation
* Residentia I *Corn mercia I *
I ndr"rstrial * Recycl ing
sínce 1938
VIA HAND DELIVERY
October llth,202l
City of Shafter
336 Pacific Avenue
Shafrer, CA93263
Attention: Gabriel Gonzales, City Manager
ll) Re: Assignment by Varner Bros., Inc. of Exclusive Franchise Agreement DearMr. Gonzales:
As you are aware, Varner Bros., Inc. ("YEl") and the Cþ of Shafter (the "Ç!S") are parties to that certain Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling, and Green Waste in East Shafter dated June 10, 2016 (the "Efa¡çbiælgfgç¡nen!'). The owners of VBI have agreed to sell all of their outstanding stock to Burrtec Kern, LLC, an affiliate of Burrtec Waste Indushies, Inc. ("Burrtec"). Pursuant to the section l5:7 of the Franchise Agreement, any assignment of the Franchise Agreement requires the consent of the City as evidenced by a written amendmcnt to the Franchise Agreement signed by both VBI and the City. Under the second paragraph of said section 15.7, the sale of a majority ownership interest in VBI is deemed to be an assignment of the Franchise Agreement.
Therefore, the purpose of this letter is to request the consent of the City to the sale of the stock of VBI to Burrtec pursuant to an amendment to the Franchise Agreement. We assume that the amendment would allow such sale and transfer ofthe stock subject to the satisfaction ofthe various conditions contained in the Stock Purchase Agreement between the shareholders of VBI and Burrtec. We also assumç that Bufftec will also be a parly of the amendment to the Franchise Agreement, although VBI will continue to exist and remain a parly to the Franchise Agreement since it is a stock sale rather than an asset sale.
The Varner family has been successfully serving the communities of Bakersfreld as well as the unincorporated areas of Kern County for almost 100 years. We are very mindful of the incredible responsibility that comes with protecting the public health and safety of our neighbors, family, and friends.
That is why we believe now is the time to pass the baton to another family-owned team.
This difficult decision has been prompted by numerous incoming shifts in California regulations that will change the way refuse and recyclables are managed. Being a small family business, it is increasingly difficult for the VBI to mcet the challenges imposed by new laws and regulations, including access to capital necessary for compliance. Specifically, the new, daunting regulations of SBl383 and CARB's Omnibus rules will by their nature be best served by a partner such as Burrtec that has access to more industry resources.
Burrtec is the largest family-owned refuse and recycling service team on the W€st Coast, and they serve more than one million residential and commercial customers in Southem California. Despite their size, 1808 Robem Ln * PO Box 80127 * Baherrlïeld CA 93380 " OÍïce (661)399-2911 * Fax (661)399-5931 VarnerBros.com
Varner Bros., lnc.
Material Collection/Transportation
tResidential *Commercial *lndustrial *Recycling
since 1938
they still maintain the family-operated touch that is encompassed every day by their motto, "ll/e'll Tske Cøre ol Il."
We have included with this letter, a company profile describing Burrtec's long term commitment to this motto, along with its business qualifications, experience, and ability to fully perform all franchise services and to implement statutory compliance requirements mandated by the state.
Since this transaction involves the sale of VBI's stock rather than a sale of íts assets, VBI will remain intact and continue to exist and operate after the sale. Only the ownership of VBI is changing. Accordingly, we respectfully request the City's consent to the transfer and assignment of the outstanding shares of stock of VBI to Burrtec Kern, LLC. We have included our check in the amount of $10,000 to cover the cþ's cost and fees in evaluating our request.
Please contact the undersigned at Jacob(ôvarnerbros.com or (ó61) 201A832 if you have any questions or require any additional information. If you should have any questions or deste any additional information conceming Burrtec, please feel free to contact Cole Burr at [email protected] or (909) 429-4200.
We appreciate your attention to and cooperation in this matter. very yours,
(
Panero
cEo
Enclosure
cc dencl:
Best Best & Krieger LLP
2855 East Guasti Road, suite 400
Ontario, CA9176l
Attention; Stephen P. Deitsch
I80E Robe¡ts Ln * PO &ox 80127 * Bakerstìeld Cll %38A * Olflce (661)399-2911 * Fax (661)399-5931 Vørnerßros.com
B u rrtec
We'll Toke Care Of lt!
fn 1954, Edward G. "Êd" Burr entered the solid waste industry with a single collection truck and an everlasting commitment to his customers. Along with his son Cole, they built one of the preeminent solld waste companies in Southern California. Burrtec Waste lndustries, lnc. is founded on the principles of integrity, dependability, and excellence ¡n customer service. These guiding principles have set a high standard for the industry.
With well thought out company acquisitions, successful bid proposals and productive business ventures, the Burr family has nurtured that small beginning into one of the largest and most successful privately owned waste collection and recycling companies in the State.
One of the key elements to the company's success has been the conscious decision to be mindful of humble beginnings and to acknowledge the critical importance of each customer and each employee. The company takes great pride in knowing we have the economies of scale and the resources to meet the individual needs of the people and the communities we serve. An even greater sat¡sfactíon comes from our ability to become personally involved with our community partners. Knowing our customers personally, involving ourselves in the community and providing excellent customer service are keys to our success.
Requests for proposals and franchise agreements may be several hundred pages in length but Burrtec's community partners know that a verbal commitment and handshake all that is really needed.
Our attitude is best expressed in a few short words that are our company motto . . . . , . "We'llTake Care Of lt "
"Our People are the DÍfference"
Burrtec's greatest asset is its people. Our growth over the years has allowed us to employ dedicated, hardworking individuals who believe in and contínue to pass on our company's traditions.
Burrtec employees make a difference. We have found that our customers connect with our staff in various ways. This may be due to the fact that many of our employees live in or near the same commun¡t¡es we serve, which creates a sense of comfort and understanding for everyone. A local connection also increases our familiarity with a community, which in turn ass¡sts us in providing better service.
When Burrtec acquires a company or is successful in a competitive bid process, we make every effort to retain existing employees. Burrtec's human resources staff ensures a seamless transition through job offers and employee benefits education. These efforts have resulted in an engaging workforce offering local knowledge and experience that directly benefits the community.
New employees attend company orientations conducted by our Human Resources Director.
These meetings familiarize employees with policies and procedures as well as address any unanswered questions. Our employment package includes a very competitive salary/wage scale, 401K retirement savings, paid vacations, holiday pay, dental and vision benefits, and fully paíd medical insurance coverage provided for the employee and minimal employee cost for family coverage.
The success of our company depends on a well-qualified workforce that is reflective of the customers and communities we serve. Burrtec is committed to enhancing the value of our company by creating and encouraging an environment that inspires all employees to work with enthusiasm and dedication. At Burrtec . . .
. . . "O.!r People øre the Difference".
"Løstína Reløtîonshins Bøsed on Mutuol Trust"
Burrtec believes strongly in the spirit of community and we are dedicated in our commitment to helping improve the quality of life in the communities where we live and work. We lÍve this commitment through charitable giving, volunteerism and community partnerships.
Our efforts have taken us beyond the status of simply being a service provider to that of being an important, integral part of the community. Annually, Burrtec contributes over S200,000 to our local communities through monetary donations, sponsorships, in-kind services, scholarships, grants, and charitable gifts.
Our involvement includes chamber of commerce activities and service club support, sponsorship of youth organizations and team sports, vocational agriculture clubs like 4-H and FFA, Boys and Girls Clubs, and Scouting. We are also strong supporters of school programs that reward academics and drug awareness programs. We also contribute our time and monies to many charitable organizations including: Muscular Dystrophy Association, Special Olympics, American Cancer Society, March of Dimes, and many other local and national charities.
Burrtec is a regular Platinum Sponsor of the League of California Cities, an organization that advocates and supports local, self-governance issues.
Burrtec managers are members of various boards and commissions includingl chambers of commerce, local service clubs, community and hospital foundations, and national charities. Our presence on these boards is a testament to our commitment to the communities we serve, Burrtec believes that by being active and supportive members of our communities we build . . . . . . "Løstlng Relationshîps Based on Mutual Trust".
"An lndustrv Ledder"
Burrtec is committed to being an industry leader.
Burrtec's senior managers regularly participate in regional and statewide industry trade associations where they have also held top leadership positions. Our managers routinely participate in reviews of regulations and legislation and speak out in the interests of client cities and the solid waste industry. This involvement helps make Burrtec , . . . . . "An lndustry Leader"
Scon QR Code to view
Our Story video
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lnland Empire
Region
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Region
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CollrcroN OPERATToN ExPERTENcE
Burrtec currently provides comprehensive solid waste services to:
. 28 municipalities through exclusive franchise agreements . 4 municipalities though non-exclusive franchise agreements . 24 County Service Areas though exclusive franchise agreements o 1 County Serv¡ce Area through non-exclusive franchise agreements . 3 County Areas through permits
Burrtec's single largest transition occurred in 2006 when the assets of Waste Management of the Desert were acquired. This acquis¡tion included 12 municipalcontracts, 352,L29 containers, 200 collection vehicles, LO,529 commercial accounts, and 1.21,000 residential accounts in the Low Desert Coachella Valley and port¡ons of the High Desert. The transitions were simultaneous and were accomplished in an orderly fashion, on schedule without service interruptions. ln the process, 260 form Waste Management collection employees, customer service representatives and managers became part of the Burrtec family,
Service Area Details:
Jurisdictlon County
Type of Service Noture of Service
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Apple Valley 5an Bemardino X X X X X
Earstow San Bernardino X X X X X
Fontana San Bernardino X X X X X
Grand Terrace San Bernardino X X X X X
Helendale CSD San Bernardino X X x X X
Highland San Bernardino X X X X X
Montclaír San Bernardino X X X X X
Rancho Cucamonga San Bernardino X X X X X
Rialto San Bernardíno X X x X X
San Bernardino San Bernardino x X X X X
Twentynine Palms San Bernardino X X X X X X
Upland San Bernardino X X X X X
Victowille San Bernardlno X X X x X
Yucaipa San Bernardino X X X X X
Yucca Valley San. Bernardino X X X X x X
SBC - Adelanto-Apple Valley
-Lucerne Valley-Oro
Grande-VictorvilleSilverlakes
San Bernardíno X X X X X X
SBC - Barstowl-enwood/Hinkley 5an Bernardino X X X X X SBC - Barton Flats-Angeles
Oaks-Forest Fal ls-Mou ntain
Home
San Bernardino X X X X X
SBC - Bloomington-North
Rialto-El Rancho Verde San Bernardíno X X X X X
SBC - Crestline-Running
Springs-Lake Arrowhead San Bernardino X X X X X
SBC - De8gett-YermoNewberry Springs
San Bernardino X X X X X X
Type of Service Nature of Service
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San Bernardino X X X X X
SBC - Fort lrwín-AmboyLudlow-Nipton-Baker-KelsoMaríne Corps Logistics Base Permit Area-YermoNewberry Springs
5an Bernardino X X X X X
SBC - Grand Terrace-Loma
Linda
San Bernardino X X X X X
SBC -Montclair San Bernardino X X X X X
SBC -Morongo ValleyPf onee¡. Town-Flamingo
Heights-Johnson ValleyAmboy-Li ma-Essex-CimaLanders-Yucca ValleyJoshua Tree-29 Palms San Bernardino X X X X X X X
SSC -Mt. Baldy-San Antonio
Heights-Upland-West
Fontana
San Bernardino x x X X X
SBC - Redlands-MentoneOak Glen San Bdno X X X X X
Salton City CSD lmperial X X X X X X
Cathedral City Riversíde X X X X X
Coachella Riverside X X X X
Eastvale Riverside X
lndian Wells Riverside X X X X X
lndio Riverside X X X X X
Jurupa Valley Riverside X X X X X
La Quinta Riversíde X X X X X X
Palm Desert Riverside X X X X X
Rancho Mirage Riverside X X X X X
Riverside Riverside X X X X X
Rubidoux CSD Riverside X X X X X
RCO - Bermuda Dunes-lndio Riverside X X X X X
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RCO - DelWebb Community Riverside X X X X X
RCO - Northshore Riverside X x X X X X
RCO - Desert Hot SpringsSky Valley-lndio Hills
Riverside X X x X X X
RCO - 5o. Coachella Valley
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Riverside X X X X X X
RCO - Thousand Palms Riverside X X X X X
Bradbury Los Angeles X X X X X
Duarte Los Angeles X X X X x
Pomona los Angeles X X X X
Santa Clarita Los Angeles X X X X X X
LAC- East Pasadena-East
San Gabriel-East ArcadiaRoyal Oaks
los Angeles X X
LAC - La CrescentaMontrose
Los Angeles X X
LAC - Santa Clarita-Canyon
Country-Newhal l-Stevenson
Ranchly'alencia-Castaic-Cal
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Los Angeles X X
LAC - County-wide
(commercial) Los Angeles X x X X
TnRTSFER ANo PRocesstNG Ope Rnrtoru ExpERtENcE
Just as Burrtec's collection operations help local governments fulfill community health and safety responsibilities, Burrtec processing facilities enable local governments to meet State-mandated diversion responsibilities.
When 48939 was enacted in 1989, Burrtec realized that processing facilities would be criticalto serving the needs of its jurisdictional customers. lnvesting millions of dollars, Burrtec now operates 6 major facilities that include 6 transfer stations, 4 recyclable material processing systems, 5 organic waste processing and compost systems, and 4 construction, demolition, and inert waste processing systems.
Burrtec Owned or Facilities
Inland Empire
Region
Los Angeles
Region
High Desert
Region
Low Desert
Region
Mountain
Region
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West Valley Fontana 7.500 tons oer dav X X x x
Agua Mansa Jurupa Valley 4,000 tons per dav X X X X
East Vallev San Bernardino 900 tons per dav X X
Edom Hlll Cathedral City 1,100 tons per dav X X
Coachella Valley
Transfer Coachella 3,500 tons per day X
Edom HillCompost Cathedral City 500 tons þer dav X
Coachella Valley
Compost Coachella 985 tons oer dav X
Victor Valley MRF Victorville 985 tons per day X
Victor Vallev Compost V¡ctoruille 100 tons per dav x
Burbank MRF Burbank 232 tons oer dav X
COnpoRATE MnTAGEMENT
Burrtec's corporate management will assist with transition and oversee the contract. Resumes of key personnel are included here.
CorcBuna
President, Chief Executive Afficer
Representing the second generation of Burr's involved in the company, Cole Burr began his career in the solid waste industry in 1966 when he was just 11 years old. He got his start at ABCO in Gardena, where his father was a partner. Since that time, Mr. Burr has learned every aspect of the industry through hands-on experience.
Before founding Burrtec Waste lndustries, lnc., with his father, Mr, Burr worked at SCA Services and at EDCO. He also was Transfer Operations Leader at American Waste Systems Action Transfer Center, where he specialized in solid waste collections and transfer, and in marketing recyclables.
Mr, Burr is very active in the Burrtec Waste lndustries, lnc. organization and maintains his office at the Corporate Headquarters in Fontana. He makes a regular practice of visiting the various hauling yards and transfer facilities to discuss operat¡onal lssues and develop strategy with Division management. He is also quite accessible to all employees and maintains a high profile in the communities Burrtec serves.
Tnecv Bunn
Vice President
Tracy Burr began her career in the solid waste industry in 1978. Together with her husband Cole, she has worked at allthe operations in Los Angeles, Riverside and San Bernardino Counties and also in Burrtec's sister company, EDCO in San Diego and Orange Counties. Throughout the years, she has worked on the development of the waste-hauling infrastructure, by implementing computerized routing programs that integrate accounts receivables with the drivers' daily route sheets.
Ms, Burr is very involved in the daily activities at Burrtec. She conducts meetings on a regular basis with key management personnel that represent every facet of the business. With her specialized "team approach" to management, she focuses her efforts on both employee and customer satisfaction.
Tnecv Swreuev
Vice President, Chief Operating Officer
Ms, Sweeney is responsible for all operations of Burrtec Waste lndustries, including hauling, transfer stations, material recovery facilities, and landfills.
Ms. Sweeney joined Burrtec as Chief Accountant in 1991. She was promoted to Controller in 1997, named Vice President in 2005, and appointed Chief Operating Officer in 2009..
Since joining Burrtec, Ms. Sweeney has streamlined financial statements, taking them in-house.
She also provides high-level support and guidance to local management teams including annual business plan development and financial trending analysis.
Ms. Sweeney was instrumental in the development of Burrtec's Disposal Reporting System that identifies, records, and tracks valuable solid waste collection and disposal information. This Disposal Reporting System allows Burrtec to provide client cities with accurate and up-to-date information required to meet allAB 939 and landfill-related reporting requirements.
Prior to joining Burrtec, Ms. Sweeney was Assistant Controller for two major restaurant chains, managing accounting functions for more than 35 restaurants.
Mrcnen Annrowu
Vice President of Municipal Services
Mr. Arreguin is one of two executives responsible for Burrtec's municipal franchise administration. He acts as the primary government liaison with designated Burrtec client communities, ensuring open communication. Mr. Arreguin monitors waste diversion and recycling for franchise areas and works in developing programs to improve the waste diversion efforts. He participates in local public education events and community meetings to promote new programs and promote recycling and waste diversion efforts.
Mr. Arreguin received his Associate of Science degree in Agricultural Business and has more than 35 years'experience in safes and marketing. He entered the Solid Waste industry in 1988 when he joined Burrtec as Sales Manager. He has held increasingly responsible positions at Burrtec ever since, including Sales and Operations Manager, General Manager, Corporate Contract Renewal, and Community Relations Manager. He was named a Vice President in 1997. ln his career at Burrtec, Mr. Arreguin has modernized a number of systems and spearheaded Burrtec's initiative to become one of the first in California to offer a commingled recycling program. He has been directly involved in many aspects of the industry, including collection, recycling, ma inte nance, ma rketi ng, and customer service.
Mr. Arreguin directs a very extensive community involvement program, includíng active participation on Chamber of Commerce committees and boards, working with local charities and youth groups, and membership in organizations commítted to irnproving the quality of life for the communities that Burrtec serves.
Rrcneao Nño
Vice President of Municipal Services
Mr. Niño is one of two execut¡ves responsible for Burrtec's municipal franchise administration.
He acts as the primary government liaison with designated Burrtec client communities, ensuring open communication.
Mr. Niño also monitors waste diversion and recycling for franchise areas and works in developing programs to improve the waste diversion efforts. He participates in local public education events and community meetings to promote new programs and promote recycling and waste diversion efforts.
Mr. Niño started with Burrtec in 1995 as a Divislon Manager for the San Gabriel Valley operations.
Since that time Mr. Niño has worked in numerous managerial capacities including acguisitions, transitions, and new implementations. He was promoted to Vice President in 2016, Mr. Níño earned a Bachelor of Arts in Economlcs from Pomona College in Claremont.
Mr. Niño has over 25 years of solid waste industry experience in residential services collection programs that include trash, recyclables, green waste, bulky items, and additional speclal residentialprograms and 5 years'experience managing multiple municipalfranchises.
Rosear R. Cootu
Chief Financial Officer
Robert Coon joined Burrtec as Chief Financlal Offlcer in 2007 and is responsible for the accounting, treasury, and financial reporting functions of the company. He also provides buslness insight and support to the operating divisions on financial performance, trends, and other key business areas.
Prior to joining Burrtec, Mr. Coon worked for a major automobile manufacturer for over 16 years and spent his last three and a half years wlth the company as the North American CFO of a European subsidiary.
Mr. Coon has a Bachelor of Science degree in Mechanical Engineering from Colorado State University and a Master of Business Administration degree from Arizona State University.
Tnrvoa Scroclrus
Vice President of Operations
Trevor Scrogins joined Burrtec in 1990 and for the next 15 years Mr. Scrogins held various positions of increasing responsibility with Burrtec including lnformation Systems Director, Division Manager, District Manager, and ultimately Regional Manager overseeing all of the company's hauling division management teams. During his tenure, he automated numerous procedures and systems and through his innovations, Burrtec has accomplished more efficiency in operations and administration alike, including automated routing for refuse, recycling, and green waste programs utilizing Geographical lnformation Systems technology. ln 2005, Mr. Scrogins left Burrtec to join a major publicly held solid waste company as the Director of Operations, Analysis, and lntegration responsible for turning around underperforming business units along with integrating a newly acqulred "stand-alone" business into the company in 37 states.
Mr. Scrogins rejoined Burrtec in 2009 as Vice President of Operations providing strategic oversight and support to all operational functíons of the Company, ln 2OL3, he was promoted to Chief lnformation Officer and Vice President. Mr, Scrogins has over 28 years' experience in the solid waste industry and received a Bachelor of Science degree in Computer lnformatíon Systems and a Master of Business Administration degree from California State University, San Bernardino, LrncmAwanaoo
Director of Human Resources
Leticia Alvarado is responsible for the overall planning and administering of policies related to all phases of human resources for approximately 1,435 employees, With over 25 years'experience as a Human Resource Professional, she oversees employee relatíon issues and assists management in developing policies, systems, and programs to improve the current and future work environment as well as assuring compliance with all federal, state, and local employer regulations. Ms, Alvarado oversees the company's drug and alcohol complíance program, assists the divisions in recruitment and employee retention, oversees the worker's compensat¡on program and all health and welfare benefits programs provided by Burrtec. Ms. Alvarado has a Bachelor of Arts in Business Administration from Mount St. Mary's College and has had extensive training in Human Resources issues through professional seminars and industry workshops.
Rtcueno Mannurz
Ðirector of Safety
As one of the newer additions to the management team at Burrtec, joining in late 2016, Mr.
Martinez is responsible for the proactive incident prevention activities and administration of the various Health & Safety programs. With experience in various industries, including package delivery, traditional trucking, and aerospace manufacturing, his skill set is being well utilized in the diverse lines of business at Burrtec. With 19 years' experience, Mr. Martinez has held many titles, starting off as a seasonal laborer at a major package carrier, eventually working his way through the ranks of management. His past roles have ranged from Driver Trainer Supervisor, Fleet Support Leader, Director of Fleet Maintenance and Administration, Senior Facilities and EHS Manager. Mr. Martinez attended Riverside Community College and La Sierra University with a focus on Business Administration.
AB 341 AND AB 1.826 COMPLIANCE PLAN
Pnocnav Ove RVTEW
Burrtec will assist the Jurisdiction wlth monltorlng its 48341, Mandatory Commercial Recycling (MCR), and 481826, Mandatory Commercial Organics Recycling (MORe), compliance requirements. Burrtec wlll identlfy the commercial and multifamily customers that met the criteria as specified by the statutes. MCR requires businesses generating more than four cubic yards of solid waste per week and multlfamily dwellings with five or more units to arrange for recycling services. MORe requires businesses generating two cubic yards or more of solid waste per week and multifamily dwellings with five units or more generating two cubic yards or more of solid waste per week to arrange for organic waste recycling services.
Commercial recycling mâterials include:
. Cardboard products
. Metalproducts
. Paper products
. Plastic containers
. Recyclable glass products
Commercia I recyclf ng organic materia ls incl ude:
. Food waste
. Green waste
. Landscaping/pruningwaste
. Non-hazardous wood waste
. Food soiled peper
Key components for achieving and maintaining program compliance are:
Accou rur I oEt¡tt n c¡tt otrt
Collecro¡¡ Pnoe nevt
Ourneqcn & E¡¡e ¡e rrue¡rr
MorurroRrNc & EruroncEMENT
Crrv Srrrr TnRl¡lllrto
Mulrrreuttv PRoprRrres
CorurRu t l,¡Rrt o¡¡ M I N I MtzATtoN
Elecrnorurc AwNUAL RrpoRr (EAR)
To assist the City with their EAR, Burrtec will provide the following reporting data:
. MCR and MORe participation updates
. MCR and MORe Non-Compliant Businesses and Multifamily property lists . Report additions or expanslons of MCR and MORe subscriptions r Tonnages diverted because of recycling, food waste and green waste programs r Aggregate data related to contamination notices issued by haulers ¡ Contamination and residue levels information from periodic waste characterizations SB 1.383 COMPLIANCE PLAN
Pnoe RRU OvTRVTEW
Burrtec will collaborate with the Jurisdiction to implement its SB 1383 compliance program and fulfill the State mandated requirements. The program will be multi-faceted with an emphasis on education and outreach highlighting key reasons for the new programs such as:
r Dlmlnishing disposal capacity
r Minimlzing envlronmental impâcts from landfilling organics o Conserving natural resources
o lmproving air quality
The program will focus on generator sectors (residential, commercial, and multi-family) to maximize diversion and materials recovery results and minimize contaminants and organics material contents in the trash waste stream.
Burrtec will provide the Jurisdiction a detailed draft plan to cover the following key components of 1383 and work together with staff to finalize a complete, specific and compliant 1383 plan and plan document.
Collecilo¡¡ Pnoenl¡r¡
Corutnv¡ r ruano¡r M oru rroRr NG
Rourr Rrvr¡ws eno/on W¡sre EvRlu¡ttor'¡s
RecoRorsEpr ¡¡e Requr REM ENTs
EDUcATToN ¡rr¡ o OurReRcp
Co¡¡revlrruertoru Fees
Ge¡¡ERRroR WRrven PRoe neu CooRorru¡roru
lr.¡specloru ¡¡l o E¡¡roRcEMËNT
Pnovtsrol,¡ ron Recove neo OnGn¡¡rc Wesre PRo0ucrs PRocuReuerur Co¡¡rer ¡¡en Reeur nEu srurs
REcoRDKEEPING AND RepOnrIruE
loe¡¡r¡rcenoN oF F¡crurrrrs
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SI{AFTE
City of Shafter
R COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public V/orks Director
SUBJECT: APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $15O,OOO
AND AUTHORIZETHE BIDDING OF ROOF REPLACEMENT FOR CITY
HALL IMPROVEMENTS
RECOMMENDATION
1. Council find that requested discussion and direction is exempt from the Califomia Environmental Quality Act; and,
2. Authorize a General Fund budget appropriation of $150,000 to Capital Improvement Program Project Account; and,
3. Authorize bidding of a City Hall roof replacement.
BACKGROUND
For the past several years, current and past City Councils have recognized that City Hall needs major rehabilitation work due to its age. The current fiscal year budget includes $100,000 in funding for a Capital Improvement Program (CIP) project described as "Initial Planning Phase for a City Hall Replacement". To date, a replacement has not committed the City to either improving the existing site or relocating to a new site to meet the long-term needs for City Hall.
Earlier this year, the City Manager tasked an employee-based committee with assessing the current site and identi$'ing a list of priorities for future improvements with cost projections. To date, the committee's discussions have focused on the site's functional deficiencies and faded exterior appearance. Specific focus areas are as follows:
Replace Roof - The roof chronically leaks at public areas and employee workspaces. Past patching has not resolved the issue, which suggests a complete reconstruct of the roof is necessary. Should the roof be reconstructed, some trees in the courtyard should be removed because their leaves have dropped and clogged roof gutters. a
o Remove Trailer - The trailer attachment, intended to be a temporary office space solution several years ago, is deteriorating and is no longer a viable option for continued use.
Employees using the trailer for office space can be relocated to other areas, provided there is funding to reconfigure these areas.
Exterior Painting - The exterior paint of the main building is faded. A new coat should enhance the building's curb appeal.
MANAGEMENT REPORT 5
City Hall Improvement Budget Amendment and Bid Authorizations Replace Windows - Many of the windows are single-pane, contribute to significant energy inefficiencies, and do not open. While the cost to replace the windows is significant, new versions would be more functional, reduce energy costs, and slightly reduce the exterior painting cost.
Professional Consulting Support - Due to limited staff time and resources, retaining a licensed architect or other consultant with applicable experience would enhance the planning efforts and end results of the needed improvements.
The following is a breakdown of a preliminary estimate to address most of the focus area issues:
Item Estimated Cost
Roof Replacement $ 120,000
Paint Exterior of Main Buildins $25,000
Demolish and Remove Trailer $20,000
Restore Parking at Trailer Site $20.000
Remove Courtyard Trees Interfering with Roof Drainage $s.000 Relocate Employees Workins in Trailer $5,000
Architectural Consultine $10,000
Sub-Total 8205,000
Continsencies (20%) $41,000
Grand Total 8246,000
While investing in the improvements listed above would significantly enhance the use and appearance of City Hall, they do not increase the facility's capacity for new employees or expand public services. If an alternative site for City Hall that provides additional capacity could be readily available for relocation within a reasonable period, investing nearly $250,000 in the existing site would not be viewed as a viable expense. At this time, either an expansion of the current location or relocation to an alternative site would take at least five and possibly ten years to become a reality at the determination of the City Hall improvement committee. Further, the high-priority improvements cannot be deferred anymore.
Most line items of the preliminary estimate above require competitive bidding per the City's Municipal Code. The estimated value of the roof replacement requires explicitly that the Council authorize formal bidding before considering a contract award, meaning pre-bid advertising and a public bid opening. With the City serving as the general contractor, staff can bid each line item individually and later present bid results and recommendations to the Council at a future meeting.
FISCAL IMPACT
CIP Project #GE00001 was budgeted on current fiscal year 20211202 via the General Fund for $100,000 for a "City Hall Replacement". The management team is requesting an additional $150,000 from General Fund reserves to fully fund the capital project. a
-2-
Citv Hall Improvement Budqet Amendment and Bid Authorizations
CEQA ANALYSIS
Per Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines, the action is categorically exempt (Class 2 categoÅcal exemption) from CEQA because the project is the replacement or reconstruction of an existing structure located at the same site that will have substantially the s¿ìme purpose and capacity as the structure to be replaced or reconstructed.
ALTERNATIVES
Alternatives to the recommended action include authorizing budgets and bidding for a scaleddown version of the recommended improvements. Such a version could consist of a roof replacement without the demolition and removal of the trailer. Any version should include a budget contingency factor of 20o/o to absorb potential overruns for unforeseen work items and cost increases. However, the City Hall improvement committee viewed all of the improvements listed as necessary to ensure safe and reliable use of this public facility. Therefore, alternative action is not recommended.
-3-
,r,^*
11 ,rY o¡l
City of Shafter
StsIAFIER COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public V/orks Director
SUBJECT: APPROVAL OF A BUDGET AMENDMENT IN THE AMOLINT OF $60,000
AND AUTHORIZATION TO BID PROJECT WORK FOR THE MODIFIED
COMMI.INITY CORRECTIONAL FACILITY (MCCF) CLOSURE
MITIGATION
RECOMMENDATION
1. Council find that requested discussion and direction is exempt from the California Environmental Quality Act; and,
2. Authorize a General Fund budget appropriation of $60,000 to the Capital Improvement Program for a new project entitled "MCCF Site Mitigation"; and,
3. Authorize the City Manager to award 54,200 to RS Electric for disconnecting electrical to the Modified Community Correctional Facility security gate and lighting; $17,000 to Lamont Fence for exterior chain link fence removal and modifications plus removal of barbed wire, and $17,500 to MD Concrete Cutting & Demolition for block wall demolition work.
BACKGROUND
The recent closure of the City's Modified Community Correctional Facility (MCCF) has resulted in obligations to restore property access previously granted by adjacent business owners for exterior patrolling of the facility. Easement documents with two separate owners explicitly state that the City bears financial responsibility for restoring access upon written request. Requests from both owners have been filed with the City.
The Council previously authoÅzed vacating the access easements, but costs for the City to fulfill the access restoration must still be addressed. To date, these costs include demolishing and removing a site security fence assembled with a masonry block wall footing and a chain-link panel topped with barbed wire. Upon removing the fence, the pavement surface must be restored to the condition before the fence was constructed.
In addition to restoring previous property access, City staff received proposals for work that put the former MCCF facility in a position for use beyond a correctional facility. Specifically, proposals were received to disconnect electricity to the security gate and exterior lighting and remove all barbed fence wire, including stretches of fence that will not be removed to restore property access.
Based on informal bidding and estimating by staff, the following is a cost breakdown of the proposed work:
MANAGEMENT REPORT lv
Approval of Budget Amendment and Bidding for MCCF Closure Mitigation Line Item Vendor Amount
Disconnect Electrical to Gate and Lighting RS Electric $4,200 Exterior Fence Removal and Modifications Lamont Fence $17,000 Demo Block Wall Under Exterior Fence MD Concrete Cutting & Demolition $ 17,500 Parking Lot Restoration TBD $10,000
Sub-Totøl 848,700
Contingencíes(15%) 87,305
Total 856,005
A recommended budget for completing all the work listed is $60,000. All items listed with a recommended contractor used informal bid procedures.
Staff has not received proposals for the Parking Lot Restoration work but have placed a placeholder estimate of $10,000 in the cost breakdown. Provided actual costs proposed by a contractor are within the approved budget, the City Manager should award the work to expedite the MCCF closure mitigation obligations.
FISCAL IMPACT
The proposed MCCF site mitigation work needs immediate attention but does not have funding in the current fiscal year budget. The most appropriate budget action by the Council is to appropriate $60,000 from the General Fund reserve into the Capital Improvement Program.
CEQA ANALYSIS
The recommended action is categorically exempt per Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) because the action is the minor alteration or reconstruction of facilities involving no expansion of existing or former use
ALTERNATIVES
Alternatives to the recommended action include authorizing only the work obligated per the access easement agreement with nearby businesses, which would eliminate the removal of all barbed fence wire and the de-electrification of the site access gate and save approximately $10,000 in costs. However, this additional work could significantly enhance the City's efforts to utilize the former MCCF facility for other pu{poses, including City staff office space and leasable space that generate revenue. Therefore, alternative action is not recommended.
ATTACHMENTS
Proposal from RS Electric for Disconnecting Electrical to Gate and Lighting Proposal from Lamont Fence for Exterior Fence Removal and Modifications Proposal from MD Concrete Cutting & Demolition for Demolishing Block V/all Under Exterior Fence
1. 2.
J.
-2-
RS ELECTRIC
465 BEECH AVE
SHAFTER CA 93263
661 -303-851 6
BEEASTMODET2@GMAI
L.COM
RS ELECTRIC LIC# 973418
PROPOSAL Attention : MARCIAL MASCRRO
CIry OF SHAFTER
SHFATER CA 93263
DaTe:10/13/2021
Prolect Title:
SHAFTER CCF FENCE PROJECT ELECTRICAL AND TOWERS POWER DEMO Project Description
REMOVE EXISTING POWER FOR LIGHTS. REMOVE EXISTING LIGHT FIXTURES ON FENCE LINE. REMOVE EXISTING CAMERAS ON FENCE LINE. DISCONNECT POWER TO TOWERS, DISCONNECT CONDUIT FOR FENCE LINE LIGHTS. DEMO EXISTING SENSORS INSIDE OF PROPERry UNE FENCE. CONDUITS TO BE CUT FLUSH TO THE GROUND AND SENSORS REMOVED. LIGHTS TO BE REMOVED WEST FENCE LINE AND SOUTH WEST LIGHTS TANK SIDE . SENSORS TO BE DEMOED WEST AND SOUTH SIDE . LOW VOLTAGE CONTROLS TO BE
DISCONNECTED FROM TOWERS , DOOR STRIKE CONTROLS AND CAMERAS AT TOWERS. WORK BASED ON THREE DAYS
TERMS 30 DAYS
LABOR LIFT MISC MATERIALS 1:$ 4,200i$ +,zoo
Subtotal i $ 4,200
Total $ ¿,zoo
Description Quantity Unit Price Cost
1 2
Proposal
&
Acceptance
Lannont Fence Company
3611 Alken Street
Bakersfield, CA 93308
I)ate
rv4t202l
Phone # Fax# E-mail Cont State Lic.
66t-589J509 661-589-5535 [email protected] #530334 Name / Address
City of Shañer
720 Commerce Way
Shafter, CA. 93263
Description otv Rate Total
Attention: Chad Meadors
Project Prison Demo
Option: #l
Demo existing galvanizcd razor ribbon
Demo existing 12'tall brown privacy link fence
Demo existing l-5l8" top/middle/bottom ra¡l
Demo - cut at bottom existing 2-718" line posts
Demo - cut at bottom existing 4" end posts
TOTAI,
Option: #2
Demo existing galvanized razor ribbon
Demo existing 12'tall brown privacy link fence
Demo existing l-5l8" top/middle/botom rail
Demo - cut af bottom existing 2-718" line posts
Demo - cut at botûom existing 4" end post
TOTAL
*Credit for LFC to keep all material from demo
(Prevailing Wage Rates Apply)
(LFC DrR # 1t0040s072)
I
ó30
630
,890
63 3
340
340
r,020
34 I
I
12,200.00
ó,100.00
-1,300.00
Signature Tot¡l $17,000.00
âI
h
b lÉCOIICRETE CUTTING & DEMOLITIOil
formerly MD CONCRETE CUTTING & DEMOLITION
Proposal
DIR Registration #1 000000369
cLSB#292529
lo:
Company:
Phone:
Fax:
Email:
Project:
Marshal Mascorro
City Of Shafter
661-747-3869
Date:
From:
Mobile:
Phone:
E-mail:
Proposal #
121',l512',1
Fred Ward
(661)805-9888
(66113224201
f,,[email protected]
l7659FW
mmascorro@shafter. com
MCCF Facility
Location: 1150 E. Ash Ave
Shafter, Ca
Scope of work:
#1) Saw & remove 430'x 24" tall x S" thick block wall.
Regular wage - $12,000.00
Prevailing wage - $16,000.00
#2) Saw & remove 20'x23'x 6" thick concrete slab.
Regular wage - $1,000.00
Prevailing wage - $1,500.00
Price is based on: One move on; normalworking hours;
Exclusions:
Layout, traffic control, access, standby, testing/removal of hazardous materials, excavation, shoring, backfilling and compaction, protective covers, damage to un-marked utilities, site security and perimeter fencing, barricades, pedestrian safety signage and path of travel, de-rooting of trees, unforeseen buried structures, permits and fees.
Terms: Due net 30
Please siqn and return upon approval
AMERICAN INCORPORATED
1345 N. American Ave.
Visalia, CA 93291
Approved by / Title
Fred Ward
Project Manager
r# City of Shafter
SI{AFIER COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
FROM Gabriel A. Gonzalez,City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director SUBJECT: ADOPT A RESOLUTION APPROVING PARTICIPATION IN THE
CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT
PROGRAM
RECOMMENDATION
Council find that the proposed action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (bX3) Common Sense Exemption); adopt Resolution 2841, a Resolution of the City Council of the City of Shafter Approving Participation in the California Arrearage Payment Program; and Create Budget Amendment in the amount of $254,133.78 within Water Fund with account 470107-FED Grant State Pass-Thru.
EXECUTIVE SUMMARY
To further support customers impacted by the COVID-l9 pandemic, Staff recommends participating in new utility assistance programs that provide support to customers with delinquent water bills. The approved federal funds will be administered through state agencies to help residential and commercial utility customers who have fallen into delinquent status on their utility bills for services provided from March4,2020 through June 15, 202I. The programs are structured to require utilities to apply for participation while individual customers do not need to apply to receive bill assistance. If a customer account is determined to be eligible for assistance according to the requirements of the programs, a credit will be applied directly to the customer's water on the utility bills to the extent funding is available. The City will not issue checks or payments directly to utility customers.
In compliance with the legislation, the City will not impose late fees or penalties and will not be disconnecting service for past due accounts while the programs are being implemented. The amount of funding that the City received is $254,133.78 on December 22,2021. The City's participation in the programs will help provide customers with much-needed relief from past due utility bills and will reduce uncollected accounts receivable to improve the financial position of the City's utilities.
BACKGROUND
Due to the COVID-19 pandemic, millions of Californians have fallen behind on payment of their electric, water, wastewater and solid waste utility bills. In Shafter, total pandemic-related customer ¿urears of more than 60 days for water and sewer accounts as of June 30,2021 are over $400,000 and affects approximately 628 customers.
MANAGEMENT REPORT -1
Resolution Approving Participation in California Water and \ilastewater Arrearage Payment Program The State of California, using funds provided by the federal American Rescue Plan Act of 202I ("ARPA"¡, recently approved two programs offering direct financial assistance to electric and water utilities in order to address customer arrears accrued during the pandemic. The State Budget Act of 202I appropriated $993.5 million from ARPA to establish the California Arrearage Payment Program ("CAPP") for electric service and $985 million to create the California Water and Wastewater Arrearage Payment Program ("CV/V/APP").
The California Department of Community Services and Development ("CSD") is administering the CAPP program while the State 'Water Resources Control Board ("Water Board") is administering the CV/V/APP program. Both programs are designed to provide utility financial assistance for active and inactive, residential and commercial customer accounts with unpaid balances that are at least 60-days past due for services provided from March 4,2020 through June 15,202I. The relief period dates are consistent with the Governor's Executive Orders N-33-20 and N-07-21 which established the beginning and end of the statewide stay-at-home order, respectively.
Utility customers do not need to apply individually to receive assistance under the CAPP or CV/WAPP program and there is no income qualification for either program. Disadvantaged communities may be identified in the state programs as a priority, although this has not been confirmed. The City Council authorized staff during November 16,2021council meeting to apply directly to the Water Board on behalf of its customers. The V/ater Board approved Shafter Request and awarded 100% of the request which amounts to $254,133.78.
The programs cover past due amounts that remain unpaid at the time a utility receives program funding. Utilities will then credit eligible customer accounts based on Water Board guidelines.
Payments made by customers subsequent to the end ofthe eligibility period may reduce the amount of assistance credit applied to those customer accounts. The City submitted all eligible outstanding bills amounts in December 2021 and received the full award on Decemb er 22, 202I. Customers will be responsible to pay the reminder of the Utility Bill including sewer and solid waste. If the program has available funding after all past due water bill balances have been covered, it will extend to wastewat er arrearages in 2022.
The assistance programs are directed toward utility customers who are unable to pay their bills due to the impacts of COVID-l9. Customers who are able to pay some or all of their bills, whether current or past due, are encouraged to do so. Additionally, customers who are currently enrolled in payment plans with Shafter are encouraged to continue making payments under the terms of the agreement. As part of the program participation requirements, Shafter will not impose late fees or penalties and will not be disconnecting service for past due accounts while the programs are being implemented.
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a'oProject" pursuant to Section 15378(bX5) of the CEQA Guidelines. -2-
Resolution Approving Participation in California \ilater and Wastewater Payment Program
FISCAL IMPACT
The maximum fiscal impact of the recommended action would reduce outstanding past due utility bills by $246,731.83 plus 87,401.95 of administrative fee. Eligible utility customers would directly benefit by the credits applied to their account balances for water with funds already provided by the State. The bill credits provided by the CV/WAPP program will not be considered a taxable benefit to the recipients.
If the City Council does not approve the recommendation, the City will need to retum the full 5254,133.78 to the State by 0212012022.
ATTACHMENT
1. Resolution 2841
-3-
RESOLUTION NO.2841
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING
PARTICIPATION IN THE CALIFORNIA ARREARAGE PAYMENT PROGRAM \ilHEREAS, on March 4,2020 Governor Newsom proclaimed a state of emergency due to the COVID-l9 pandemic, issued Executive Order N-28-20 directing the California Public Utilities Commission to monitor customer service protection measures implemented by utilities, issued Executive Order N-33 -20 to require individuals to stay at home except as needed to maintain continuity of critical operations, and issued Executive Order N-60-20 that created a risk-based approach to reopening the economy, among other executive actions; and WHEREAS, the stay at home order and risk-based reopening framework were rescinded on June II,202I by Executive Order N-07-21 and many provisions of other Executive Orders were phased out by Executive Order N-08-21; and
WHEREAS, there have been economic impacts as a result of the COVID-l9 pandemic and associated public health measures, including leaving many Californians unable to pay their utility bills due to lack of reliable and consistent employment; and \ilHEREAS, due to the COVID-l9 pandemic, millions of Californians have fallen behind on payment of their electric, water, wastewater and solid waste utility bills; and WHEREAS, in the City of Shafter, the total of pandemic related customer ¿urears of more than sixty (60) days for water and sewer accounts as of June 30,202I are over four hundred thousand dollars ($400,000) and affects approximately 628 customers; and \ilHEREAS, in response to the economic conditions caused by the COVID-l9 pandemic, Item 4700-162-8506 of Section 2.00 of the State Budget Act of 2021, as established by Assembly Bill No. 128 (Chapter 21, Statutes of 2021) and as amended by Senate Bill No. 129 (Chapter 69, Statutes of 2021), provided $985,000,000 to the State V/ater Resources Control Board ("Board") to administer the Califomia Water and Wastewater Arrearage Payment Program ("CWWAPP") to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the economic impacts of the COVID-I9 pandemic; and WHEREAS, funding for CWWAPP is payable from the state's share of the federal Coronavirus Fiscal Recovery Fund of 202I; and
\ilHEREASo Assembly Bill No. 148, formally established the CWV/APP within the Board, for financial assistance to customers of local publicly owned water and wastewater utilities; and WHEREAS, a local publicly owned water utility is considered a utility applicant under CV/V/APP and may apply to the Board for CV/V/APP funds for eligible customer accounts for past due bills during the COVID-19 pandemic bill relief period; and WHEREAS, "eligible customers" means all residential and commercial customers; "past due bills" means any customer utilþ bills that are 60 days or more past due and includes both active and inactive accounts, as well as customer accounts that have payment plans or payment arrangements; and the "COVID-l9 pandemic bill relief period" means the period starting March 4,2020, and ends June 15,2021;arñ
Shafter City Council Resolution No. 2841
January 18,2022
Page2
\ilHEREAS, the City of Shafter operates a publicly owned water utility with eligible customers that have past due bills during the COVID-19 pandemic bill relief period; and \üHEREAS, to receive CWWAPP funding on behalf of eligible customers a utility applicant must complete both a utility survey and application including submitting all necessary data and information to support the utility applicant's request for CWWAPP funding; and \üHEREAS, the Board is required to disburse funds as expeditiously as possible to utility applicants, but no later than January 31,2022; and
WHEREAS' within 60 days of receiving CWV/APP funds, a utility applicant must issue CWWAPP Assistance benefits to customers as bill credits to help address the eligible past due balance and must include a statement that the credits are a result of California's CWWAPP funding; and
WHEREAS, in compliance with the legislation, the City will not impose late fees or penalties and will not be disconnecting service for past due accounts while the programs are being implemented; and
WHEREAS, the amount of funding that the City received is $254,133.78 on December 22,2021; and
WHEREAS, if CWWAPP funding is not sufficient to meet all need, utility applicants must prioritize the issuance of CWV/APP assistance first to eligible residential customers and then to eligible commercial customers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shafter:
SECTION 1. Recitals. The City Council hereby incorporates by reference the recitals of this Resolution.
SECTION 2. Approval. The City Council hereby approves the City of Shafter's participation in the California Water and V/astewater Arrearage Payment Program.
SECTION 3. Authorization. The City Council hereby authorizes the City Manager or his designee to:
1. Execute any and all program documents for participation on behalf of the City of Shafter;
Authorize a budget amendment in the amount of $254,133.78 within the V/ater Fund with account 470107-FED Grant State Pass-Thru.
SECTION 4. Effective Date. This Resolution shall take effect and be in full force and effect upon its adoption.
SECTION 5. The City Clerk shall certify to the adoption ofthis resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 2 Shafter City Council Resolution No. 2841
January 18,2022
PASSED AND ADOPTED THrS 18TH DAY OF JANUARY, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO F'ORM:
Marco A. Martinez, City Attorney
A
11 ,'r .fl City of Shafter
SHAFT R COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director
SUBJECT ADOPTION OF PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD OF ruLY I, 2022 THROUGH JUNE 30, 2023, PURSUANT TO HEALTH AND SAFETY CODE SECTTON 34177(J)
RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the proposed activity is not subject to the California Environmental Quality Act; and adopt Resolution 2842, a Resolution of the City Council of the City of Shafter serving as the Successor Agency to the Dissolved Shafter Community Development Agency, approving and adopting a Proposed Administrative Budget for the Period July l, 2022 ttnough June 30,2023, Pursuant to Health and Safety Code Section34l77!).
BACKGROUND
Following dissolution of the Redevelopment Agency of the City of Shafter ("Agency"), the City became the successor agency to the Agency (the "Successor Agency"). Pursuant to Health and Safety Code Section34l73(b), the Successor Agency is now a separate legal entity from the City.
One of the responsibilities of the Successor Agency is to prepare a proposed administrative budget.
According to Health and Safety Code Section34I77f), the administrative budget is to include all of the following: (i) estimated amounts for the Successor' Agency's administrative costs for the upcoming six-month fiscal period; (ii) proposed sources of payment for the costs identified in (i); and (iii) proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity.
This proposed administrative budget is to be submitted to the Successor Agency's oversight board for approval ("Approved Administrative Budget"). Under Health and Safety Code Section 34177(k), the Successor Agency is to provide administrative cost estimates, from the Approved Administrative Budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kem County Auditor-Controller for the upcoming fiscal year.
CEQUA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(bX5) of the CEQA Guidelines.
MANAGEMENT REPORT f
Proposed Administrative Budget for the period of July 1,2022 through June 30, 2023, Pursuant to Health and Safety Code Section 34177(Ð
FISCAL IMPACT
No City or Successor Agency funds are involved with the adoption of the proposed administrative budget.
ATTACHMENT
1. Resolution 2842
-2-
RESOLUTION NO.2842
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER SERVING
AS THE SUCCESSOR AGENCY TO THE DISSOLVED SHAFTER
COMMUNITY DEVELOPMENT AGENCY, APPROVING AND ADOPTING A
PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD JULY I,2022 THROUGH JUNE 30,2023, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(Ð
\ilHEREASo pursuant to Health and Safety Code Section34l73(d), the City of Shafter became the successor agency to the Shafter Community Development Agency ("Successor Agency"); and
WHEREAS, pursuant to Health and Safety Code Section34l73(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Secti on34l79f), on July 1 , 20 1 I a single
oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section34l77fr) requires the Successor Agency to prepare a proposed administrative budget covering each 6-month period, and submit it to the oversight board for approval; and
WHEREAS, pursuant to Health and Safety Code Section34I77(k), upon approval of the administrative budget by the oversight board, the Successor Agency is required to provide administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller for each fiscal period covered by the administrative budget; and WHEREAS, pursuant to Health and Safety Code Section 34171(b), the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) per fiscal year, unless the oversight board reduces this amount or the lesser amount is agreed to by the successor agency; and
\ilHEREASn all other legal prerequisites to the adoption ofthis Resolution have occurred.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLO\ilS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Shafter City Council Resolution 2842
January 18,2022
Page2
Section 2. Approval of Proposed Administrative Budeet. The Board of Directors of the Successor Agency hereby approves and adopts the proposed administrative budget covering the two six-month periods from July 1,2022 to June 30,2023, in substantially the same form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section34l77.
Section 3. Transmittal of Pronosed Administrative Budeet. The City Manager and Administrative Services Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the proposed administrative budget, including submitting the proposed administrative budget to the Successor Agency's oversight board, and upon oversight board approval of the administrative budget, the provision of administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller.
Section 5.
adoption.
Effectiveness. This Resolution shall take effect immediately upon its PASSED, APPROVED AND ADOPTED THIS ISTH DAY OF JANUARY 2022.
Cathy L. Prout, Mayor
ATTEST:
Yazrnina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
Shafter City Council Resolution 2842
January 18,2022
EXHIBIT A
PROPOSED ADMINISTRATIVE BUDGET
[Attached behind this pagel
Shafter City Council Resolution 2842
January 18,2022
SHAFTER COMTUUNITY DEVELOPMEHT AGEI'ICY - SUCCESSOR AGENCY Administrative Budqet: 7t1122 - 6r30f23
EXPENSE ANNUAL
BUDGET BUDGET BlJN GET
-
7t1t22 - 1A31!22 1t1t23 - 6¡30123
CI ASS¡F N
{A) rorAL EUDGE'I $ ¿50.0!0
Administrative Services Agreement Fee ta lhe City of Shafter: S 250,û00 $ 125.000 s 125.000
$ 125,000 $ 125.000
",Admin¡slrative Budget lìmited ta 3% of property tax distributed lo fhe successor agency by the county auditor-controfler in the preceding fiscal year for peyment of enforceab[e oå/þafrons /ess any city loan repayments and admrn¡'sfratiye cosf al/olançes ('PY Net Properiy Tax'J, but nol /ess than 825t.t00 per year, but in no 6âse can exceed 5A% of fhe FYNeI Property Ïar, perH&S 34171(b).
Administrative Budget Compliance Test:
Actual prior year property tax distributed to the successor agency 12021-22): $ f,143,309 ents:
Less: cost allowances
893,309
250,00
3. Greater of 1 or 2: 250,00
4. 50% PY Net Property Tax - hard limit: 446,6
5. Administrative
6" ln Compliance?
250 000
YES
,,,^=
11 ,tt oñ
City of Shafter
SHAFTER COUNCIL AGENDA REPORT
Meeting Date: January 18,2022
From: Gabriel A. Gonzalez, City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director SUBJECT: ADOPTION OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1,2022 THROUGH JUNE 30,2023
RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the proposed activity is not subject to the California Environmental Quality Act; and adopt Resolution 2843, a Resolution of the City Council of the City of Shafter serving as the Board of Directors of the Successor Agency to the Dissolved Shafter Community Development Agency, approving and adopting a Recognized Obligation Payment Schedule Covering the Period of July 1,2022 through June 30, 2023, Pursuant to Health and Safety Code Section34l77(l) And (m).
BACKGROUND
Annually the Successor Agency must prepare a Recognized Obligation Payment Schedule (ROPS) listing all enforceable obligations due for the next fiscal year as well as an actual accounting of the prior ROPS period and a reconciliation of all cash held by the Successor Agency. The ROPS must be approved by the Successor Agency Board of Directors, Oversight Board, and ultimately the Department of Finance. Once approved by all parties, the County Auditor Controller will distribute available property tax to the Successor Agency to fund the obligations on the ROPS. The ROPS 22-23 being considered for approval includes the following obligations.
July l, 2022 - December 31,2022:
1. 2016 Refunding Bonds:
2. Administrative Budget:
3. City lAgency Loan Agreement:
January 1,2023 -June 30,2023:
1. 2016 Refunding Bonds:
2. Administrative Budget:
3. City lAgency Loan Agreement:
$716,581
$125,000
$9,000
$193,856
$125,000
$o
CEQUA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(bX5) of the CEQA Guidelines.
MANAGEMENT RE,PORT q
Recognized Obligation Payment Schedule for the Period July 1,2022 through June 30,2023
FISCAL IMPACT
The $1,169,437 in total expenditures will be paid with property tax allocations from the County Auditor Controller including any unused property tax allocations from prior years.
The Successor Agency stands alone as a private purpose trust fund. Thus, the financial activity of the Successor Agency is accounted for separately and not combined with the City's finances.
ATTACHMENT
1. Resolution 2843
-2-
RESOLUTION NO.2843
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER SERVING
AS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY, APPROVING
AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE
covERING THE PERIOD OF JULY 1,2022 THROUGH JUNE 30,2023, PURSUANT TO HEALTH AND SAFETY CODE SECTTON 34177(L) AND (M)
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter became the successor agency to the Shafter Community Development Agency ("Successor Agency"); and WHEREAS, pursuant to Health and Safety Code Section34l73(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Section 34179( ), on July I, 2018 a single oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section34I77(l) requires the Successor Agency to prepare a recognized obligation payment schedule ("ROPS"), by February l st of each year, forward looking to the next fiscal year; and
\ilHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Successor Agency's oversight board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS ("Approved ROPS") to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency's website; and
WHEREAS, Health and Safety Code Section34l77(m) requires that the Approved ROPS for the period July 1, 2022 through June 30,2023 ("ROPS 22-23") is required to be submitted to the Department of Finance, California State Controller and the County Auditor-Controller by February 1,2022; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NO\il' THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY
TO THE FORMER SHAFTER COMMUNITY DEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLO\ilS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Shafter City Council Resolution 2843
January 18,2022
Page2
Section 2. Approval of ROPS. The Successor Agency hereby approves and adopts the ROPS 21- 22,covering the period July 1, 2022through June 30,2023,in substantially the same form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section34177.
Section 4. Transmittal of ROPS. The City Manager and Administrative Services Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 22-23, including submitting the ROPS 22-23 to the Successor Agency's oversight board for approval, and submission of the Approved ROPS to the Kern County Auditor-Controller, the California State Controller, and the State of Califomia Department of Finance, and posting the Approved ROPS on the Successor Agency's website.
Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 18rH DAy OF JANUARY, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM
Marco A. Martinez, City Attorney
Shafter City Council Resolution 2843
January 18,2022
EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
[Attached behind this page]
Recognized Obligation Payment Schedule (ROPS 22-231- Summary Filed for the July 1 ,2022 through June 30,2023 Period
Successor Agency: Shafter
Gounty: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
22-23ATotal
(July -
December)
22-238Tolal
(January -
June)
ROPS 22-23
Total
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)
F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
$ $
$ 850,581 $ 318,856 $ 1,169,437
$
725,581
125,000
193,856
125,000
919,437
250,000
$ 850,581 $ 318,856 $ 1,169,437
Gertification of Oversight Board Chairman:
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency.
Name Title
lsl
Signature Date
Shafter
Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1,2O22 through June 30,2023
W
22-238
Total
$318,856
$125,000
ü-
$1 93,856
v
ROPS 22-238 (Jan - Jun)
Fund Sources
Admin
RPTTF
$125,000
1 25,000
U
RPTTF
$193,856
193,856
T
Other
Funds
$-
s
Reserve
Balance
$-
R
Bond
Procêeds
$-
a
22-23^
Total
$8s0,581$125,000
$9,000
$716,581
P
ROPS 22-234 (Jul - Dec)
Fund Sources
Admin
RPTTF
$1 25,000
125,000
o
RPTTF
$725,s81
s,000
716,581
N
Other
Funds
$-
M
Reserve
Balance
$-
L
Bond
Proceeds
$-
K
ROPS
22-23
Total
$1,169,437
$250,000
$9,ooo
$910,437
J
Retired
NNN
I
Totãl
Outstanding
Obl¡gation
$23,000,067
250,000
12,700,06710,050,000
H
Project
Area
1&2
G
Description
Successor
AgencyAdministrative
CostsSERAF and
operatingexpense loanagreement2016 SeriesA Refunding
Bonds
F
Payee
City ofShafterCity ofShafterU.S.Bank,N.A.
E
Agreement
Termination
Date
06t30t2014
06/30/20 1 5
1110112036
D
Agreement
Execution
Date
07lo1t201301l18l2011
12t28t
201 6
c
Obligation
Type
Admin
CostsCity/
County
Loan(Prior 06/28t11),
Cashexchange
Bonds
lssued
Aite¡ 121
31t10
B
Project Name
Administrative
BudgetLoan
Agreement
Property Tax
lncrement
Allocation
Bonds
A
Item
#
J
4 10
Shafter
Recognized Obligation Payment Schedule (ROPS 22-231- Report of Cash Balances July 1,2019 through June 30,2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
H
Comments
G
Fund Sources
RPTTF
Non-Admin
and Admin
200,642
1,097,0951,167,236
$130,501
F
Other Funds
Rent, grants,
interest, etc.
28,88528,885
No entry required
$-
E
Reserve Balance
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
$-
D
Bond Proceeds
Bonds issued
on or after
o1to1t11
423
132
$5s5
c
Bonds issued
on or before
12131110
$-
B
ROPS 19-20 Cash Balances
(07r01t1s - 06/30/20)
Beginning Available Cash Balance (Actual 07101/191RPTTF amount should exclude "A" period distribution amount.
Reven ue/lncome (Actual 06/30/20)RPTTF amount should tie to the ROPS 19-20 total distribution from the County Auditor-Controller
Expenditures for ROPS 19-20 Enfo¡ceable Obligations
(Actual 06/30/20)
Retention of Available Cash Balance (Actual 06/30/20)
RPTTF amount retained should only include lhe amounts
distributed as reserve for future period(s)
ROPS 19.20 RPTTF Prior Period AdjustmentRPTTF amount should tie to the Agency's ROPS 19-20 PPA form submitted to the CAC
Ending Actual Available Gash Balance (06/30/20)
G to F = ('l + 2 -3 -4), c = (1 + 2. 3 -4 - 5)
A
1 2345
6 Shafter
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1,2022through June 30,2023
Item # Notes/Gomments
3 Successor Agency Administrative Costs
4 SERAF and operating expense loan agreement
10 2016 Refunding Tax Allocation Bonds