Agenda packet — Shafter City Council, February 15, 2022 (part 3 of 3)

TO LESSOR:

City of Shafter
336 Pacific Avenue
Shafter, California 93263
ATTN: City Manager
With Copy to:

Best, Best & Krieger, LLP
2855 E. Guasti Road, Suite 400
TO LESSEE:
c/o Amazoncom, Inc.

ATTN: Real Estate Manager (NA Ops: PKG BFLI)
ATTN: General Counsel (Real Estate (NA OPS): BFLI)
ATTN: NAOPS Asset Management (PKG BFLI)
Each with an address of:
410 Terry Avenue North
Seattle, \¡/A 98 I 09-52 1 0
| 7 23 6.00000\3 4444 6 1 8.3
t4
Ontario, California I 17 6 |
ATTN: Marco Martinez With a Copy to:
[email protected] m;
[email protected]. com ;
na-realestate@amêzon.com; [email protected].
using the subject line-Re: PKG BFLI
(B) Replacement of Statutory Notice Requirements. 'When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by Code of Civil Procedure section 1 16l or any similar or successor statute.

When a statute requires service in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Section 3.27(A) above shall replace and satisfy the statutory service of notice procedures, including those required by Code of Civil Procedure Section 1162 or any similar or successor statute.

3.28 Force Majeure, Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either Lessee or Lessor is prevented or delayed by reason ofany act ofGod, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except {inancial inability) not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this section shall excuse the prompt payment of Lease Payments by Lessee as required by this Lease or the performance of any act rendered diffrcult or impossible solely because of the financial condition of the Party required to perform the act.

3.29 Recitals; Exhibits. A1l Recitals and exhibits attached hereto are hereby incorporated by this reference.

3.30 Entire Agreement. This Lease, along with any exhibits and att¿chments, including the Parking Addendum (Exhibit B) attached hereto and incorporated herein by reference, constitutes the entire agreement between the Lessor and the Lessee relative to the Leased Premises, and may only be modified by mutual consent of the parties in writing.
(Si gnatur e s on fo ll aw íng p a ge)
I 7236.00000\3444461 8.3
15 IN WITNESS Iñ/HEREOF, the parties hereby execute this Lease effective as of the day and year fïrst above written.

LESSOR:

City of Shafter, a Califomia municipal corporation
and charter city
Gabriel A.

ATTEST:

Pallares, City
[Signatures continued on following page]
By
I 7236.00000\3444461 8.3
L6

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document
State of Californ ta
County of Von,n I
On ìrlDV¿vnber lrtL.C)LI before me, Ñ a**^ Urib¿ , îrloh^* QuVtliu (insert name and title of the officefl
personally appeared Ar,,-lrriaJ *. Øovtt-'*laz
who proved to me on the basis of satisfactory evidence to be the person$ whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/shelth€yexecuted the same in híslhsr*heir authorized capaci$¡ô6), and that by his/he#{heir signature(e}on the instrument the personþ), or the entity upon behalf of which the person($ acted, executed the instrument.

I certiff under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal.
/Æx
w"
VANI5SA URtSt
Hot¡ty Publlc . Càtifo¡rfà
Kern County
Coûmi¡sir)¡t # ¡3f 3825
Comm, Erplrer t{or ?5, 2023
Signature (Seal)
LESSEE:

Amazon.corn Services LLC, a Delawarc limited
liability
[Name,
State of rvVashington
County of King
I certify that I know or have satisfactory eidence thatTraoe Blethen (name of person) is the person who appeared befole me, ând said person acknowledged that (he/she) signed this instrumen! on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as ¿¡sÂuthotized signelory($pe of authority, e.g., officcr, trustee, etc.) of Antazon.cont servicei LLC (name of partffi Uotralf of w-hom instrumeni was-executed) to be the free and votr"ta.f"t "f such party'fo, ih" u.", and purposes mentioned in the instrurnent.

Dated: I lltslzt
Sigrature
(Seal or stamp)
By
Ssmontha Eryn Rha¡ Bonrccl
Notary Publlo
State ol Warhlngrton ilt ArgdntoJll lÐtlt t ¡u202¡
Coliñlldoû t{¡riôl. ¡l@llt
Title
My appointment expires ; March 4,2A25
I ?236.00000\344146 I 8.3
t?

EXHIBIT A
Shafter Container Yard located at 3501 So. Driver Road, Shafter California 93263, in the County of Kern ("Lessor Property"). The Lessor Property is currently improved with an approximately 400 square foot modular office building, paving, and fencing, as shown below. .ii 'i.rÈ "
tr¡r
3*¡
r 7236.00000\3444461 8.3
l8

EXHIBIT B
Parking Addendum
By signing below, the parties agree that to the extent any of the terms of this Addendum (this "Addendum") conflict with any terms of the agreement between the parties (the "Iæase") related to the use of the parking lot located at 3501 So. Driver Road, Shafter California 93263, in the County of Kem (the "Property"), the terms of this Addendum will control. Additionally, Lessee's acceptance of the terms of such Agreement is subject to Lessor's acceptance of the terms of this Addendum.
l. Limitation of Liability. Neither Lessee nor Landlord will be liable under any circumsfances for consequential, special, punitive, or indirect damages, such as lost profits or intemrption of either party's business.

2. Environmental Requirements. Landlord represents and warrants to Lessee that, as of the date ofthe Agreement, to Landlord's actual knowledge, there are no substances, materials, wastes, pollutants, or contaminants listed or defined as hazardous or toxic under any applicable law ("Hazardous Materials") on the Lot. Each party will indemni!, defend, and hold the other party (and their, subsidiaries, affiliates, directors, officers, employees, agents, successors, and assigns, as applicable) harmless from and against any and all losses, claims, demands, actions, fines, suits, damages (including, punitive damages), penalties, liabilities, expenses costs (including, reasonable attorneys' fees, consultant fees, or expert fees) (collectively, "Claims") which are brought or recoverable against, or suffered or incurred by the applicable indemnified panies and which arise from Hazardous Materials that are brought onto the Lot by the indemnifoing party or its agents, employees, contractors, subtenants, assignees, contractors or invitees. Landlord will also indemni$ Lessee for any Claims which arise from any Hazardous Materials existing on the Lot prior to the commencement of fhe Agreement.

3. Surrender. Upon expiration or earlier termination of the term of the Agreement, Lessee will surrender the Lot in its then "as-iso' condition, but in no worse condition than delivered to Lessee, ordinary wear and tear and casualty excepted. Lessor shall use its reasonable judgement in determining damage to Leased Premises.

4. Termination by Lessee. If any governmental authority requires Lessee to vacate or abandon the Lot, including due to any applicable zoning laws or regulations, Lessee may terminate the agreement upon 15 days' notice.

Additionally, Lessee will not be obligated to obtain the approval or consent of any govemmental authority in connection witl Lessee's use of the Lot, so long as the Use is in compliance with Zonng ordinances.

ACKNOWLEDGED AND AGREED:

Amazon.com Services LLC. a Delaware limited
ìiability company
'oLessee"
By:

Name:

Title:

Date Signed:

City of Shafter. a California municipal corporation
and charter city
"Lessot"
By:

Name;
Title:

Date Signed:

I 7236.00000\344,t461 8.3
I9

EXHIBIT B
Parking Addendum
By signing below, the parties agree that to the exterrt any of th€ terms of this Addendunr (this..Addendum',) conflict with any telms of the.agreenlel!
-between
the parties (túe "Leasc") r.elated to the use ofthè parkiug lot locateá at 3501 So' Driver Road, Shafter Califo¡nia 93263, in the County of Kem (the "Pr.operty',), the tã.nrs of this Addendum will control. Additionally, Lessee's acceptance of the tãrnrs of such Agreernent-is'subject to Lessor,s acceptance of the lenns of this Addendum.

I' Limitation of Liability. Neithel Lessee nor Landlold will be liable under any ci¡.cumstances for consequential, special, punitive, or indh'ect damages, such as lost profits or interruption ofeiiher party's business. 2' En_viro¡mental Requirements. Landlord represents and wan'ants to Lessee that, as ofthe date of the Agr.eement, to Landlord's actual knowledge, therc arc no substances, nratelials, wasfesn pollutants, or contanrínanti listed or defined as lrazardous or toxic undel any applioable law ("Hazardous Maiórials"¡ ori the Lot, Each paúy w¡ll indemnifr, defetld, and hold lhe othel party (and their, subsidiaries, afÏïliates, dir.ecton, o{Iicers, agents, successorc, and assigns, "ntptõyees, as applicable) harnlless from and against any and all losses, claims, dLmãnds, actions, fines, suíts, da-rnages (including, punitive damages), penaliies, liabilities, .*p.nr.. costs (including, reasonable attorneys' fees, consultant fees, or experl fees) (colleotively, "Claims"i which are brought õi recoverable against, or suffe¡ed or incuned by the applicable indemnified parties and which arise from Hazardous Materials that are bt'ought onto the Lot by the índernni!ing party or.its agents, employees, contr.actorso subtenanls, assignees, contt?ctors or invitees. Landlord will also indenrnis Lessee for any Cl"im. which ariie from any Hazardous Materials oxisting on the Lot prior to the commenc€m€nt of lhe Agreement.

3. Sun'ender. Upon expiration or earlier termination of the term of the Agrcentent, Lessee will surrender the Lot in its then "as'is" condition, but in no worse condition than deliveredlo Lessee, ordinary wear and tear and casualty excepted. Lessor shall r¡se its reasonable judgenent in determining darnage to Leasid premises.

4. Terminatio¡r by Lessee. If any governmental arrthoriry requires Lessee to vacate ot' abandon the l,ot, inclu<ling due !o any applicable zorring laws or regulations, Lessee may termínate the agreetnent upon l5 days' notice.

Additionally, Lessee will not be obligated to obtain the approval or conscnt oi uny gou",itrnental author-ity i¡ connection with Lessee's use of the Lot, so long as the Use is in complianco with Zoning ordinances, ACKNO\ilLEDGED AND ÀGREED:

Anrazqq.co¡n Services LLC. a Delaware limited Cilv of Shafter. a California municioal corporatiorl and charter citv
"Lessort'
liabilitv companv
"Lessee"
Aut orrze T Sienator
Date Signed lilt812t
By:

Name:

Title:

Date Signed:

By:

Namel
Title: v
t7236.00000\34444ót 8.3
19 # City of Shafter
sF¿4¡:¡ap COUNCIL AGENDA REPORT
Meeting Date:

FROM:

February 15,2022
Gabriel A. Gonzalez,City Manager
Prepared By: Kevin Harmon, City Engineer
SUBJECT: APPROVE GRANT DEED TO 4OOO FANUCCHI WAY PROPERTY LLC

WITH RESERVATION OF SAME FOR EASEMENT

RECOMMENDATION
Council find proposed activity is not subject to the California Environmental Quality Act; approve a grant of parcel described in a Grant Deed, more specifically described as Document No. 2lll2729l of official County of Kern records, to 4000 Fanucchi Way Property LLC; authorize the reservation of easement to the City of Shafter for street and public utilities contained within said grant deed; and authorize the City Manager to execute a deed for said parcel subject to review and approval by the City Attomey.

BACKGROUND
In July of 2011, the Council authorized acceptance of dedication for street and public utility purposes within the International Trade and Transportation Center (ITTC), now known as the Wonderful Industrial Park. The City typically obtains dedications like this in the form of a recorded easement. This dedication, however, was deeded to the City in fee. The deeded property was eventually used for the construction of a public street and utilities within a portion of Fanucchi Way along the west side of MRC Global (Lot 3 of Lot Line Adjustment 08-33). It is one of the few remaining dedications for street and public utilities within the Wonderful Industrial Park that the City owns in fee.

City's fee ownership of public rights of way cause issues with the processing of maps and lot line adjustments. In the case of the dedication described above, staff recommends that the Council approve deeding it to the property owner of the adjacent Lot 3 and retain an easement over the exact area street and public utilities. The listed owner for Lot 3 is 4000 Fanucchi Way Property LLC. The City Shafter will retain the use of the property for street and public utility purposes, but ownership will be assigned to the adjacent landowner. Essentially, with the Council approval, the ownership in fee becomes a more commonly accepted public easement. The requested action provides certain public benefits to the City including, but not limited to, simplifuing future land transactions and/or subdivisions that might be requested and reducing underlying ownership liability.

CONSENT CALENDAR l0
Deed Property to 4000 Fanucchi Way Property LLC w/Reservation of Easement for Street & Public Utilities

1. 2.

FISCAL IMPACT
Costs to prepare, review, and record the documents that fulfill the requested action can be covered with existing operational accounts and no required budget action by the Council.

CEQA 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. The action is organization or administrative activities of govemments that does not result in direct or indirect physical changes to the environment.

ALTERNATIVES
The Council may reject deeding the properfy to 4000 FANUCCHI WAY PROPERTY LLC. The time involved in processing maps and lot line adjustments for adjacent properties will increase.

ATTACHMENT
Grant Deed Recorded913012011 Per Document No. 21 ll2729l - Subject Property Draft Grant Deed with Reservation of Easement
-2-
t3,ît8f. )fl ¡[,[¡ghåt$ess'
r - Re c o rd e r
Feee
Taxos
Ohsre
PAID
SOFIR
9ril1r2011
8:fl4 AIVI

0.00 $0.00

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attn: Cþ Clerk
ßooordcd al lht roquo3l ol
Publio
Doc#: 0211127291 Stat TyPcs: 1 Paget: 5

0.00 0.00
il illlilllllilllllillllilillil I ilil
I
No Recording Fee Pursuant to Gov't Code g 273E3 No Documentary Transfer Ta¡r Pursuant to Califomia Revenue & Taxation Code g I1922

GRANT DEED
THE TJNDERSIGNED GRA¡ITOR DECLARES:

Documentary Transfer Tax is: $ -0-
D Unincorporated Area E City of Shafter
Assessors Parcel Numbers: Portions of 091-260-40 and 091-260-56 ! computed on full value of interest or property conveyed, or fl computed on full value of liens or encumbrances remaining at time of sale; FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ITTC LAND, LLC, a Califomia limited liability company, ("Grantor') hereby GRAIITS to CITY.OF SHAFTE& a charter city formed in accordance with Califomia law ("Grantee"), the following described real property in the City of Shafter, County of Kem, State of Califomia:

SEE EXHIBIT "A'' ATTACTTED HERETO

SEE EXHIBIT'IBU ATTACHED HERETO
Subject to all matters of record and apparent,
Dated: )'\1 Vtt 201 I GRANTOR:

ITTC Land, LLC, a Califomia limited liability
company
By: Intemational Trade & Transportation Center,
LLC, a California limited liability company, its
managmg
By:

Name:

Title:

RVBUSWTCRÂNT\739320. I 1 COPY

STATE OF )

COUNTY OF
on tlø lu before me, L ,tbL¡c (here insert name
and title of the offìcer), personally appeared
proved to me on the basis of satisfactory evidence to be the whose to the within instrument and me executed safne
the
in
orthe entþ
authorized on the instrument
acted, executed the instrument.

I certiff under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and ofücial seal.

OFFICIALSEAL
Signature (Seal)
FEB.

RVBUSWGR.ANn73932O.I 2
COPY

CITY OF SHAFTER
CERTIF¡CATE OF ACCEPTANCE OF GRANT DEED
This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant Deed, to which this Certiflcate of Acceptance is attached, from
ITTC Land, LLG, a Galifornia limited liability company (GRANTOR) to:

CITY OF SHAFTER, a charter city formed in accordance with California law (GRANTEE) Said Grant Deed, dated Julv 26. 201'1, is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority confened by the Grantee's governing body on Julv 19. 2011, and the Grantee hereby consents to recordation of said Grant Deed.

CITY OF SHAFTER
a charter city formed in accordance with Califomia Law
By
D. Guinn, City Manager
Dated: Seotember 27. 2011

STATE OF CALIFORNIA

COUNTY OF KERN
On Seotember 27. 2011, before me, Christine Wilson. Notary Public, personally appeared JOHN D. GUINN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/ehelthey executed the same in h¡slherÆheir authorized capacity(iee), and that by h¡s/h€rlth€ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument I certit under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS mv hand and officialseal.
sisn^t," Ulfue WL//h-(sear)
3 @ Y
cHTEnNEWLSON.
ilofAFr Fu¡uc . cALrFGr{rA
@UUISS|ON a tets8tl8
lft Cotnm.

EXHIBIT "A"
26'WIDE DEDICATION FOR STREET & PUBTIC UTITITY PURPOSES A PORTION OF tOT 3 AS DESCRIBED IN CERTIFICATE OI COMPLIANCE FOR tOT LINE ADJUSTMENT NO. 08.33, RECORDED JANUARY L2,2OO9 AS INSTRUMENT NO. 0209003916, OF OFF|CIAL RECORDS, ALSO BETNG A PORTION OF THE WEST HAIF OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.B. & M., C¡W OF SHAFTER, couNTY oF KERN, STATE OF CALIFORNt4 MORE pARTtCULARty DESCRIBED AS FOLLOWS:
sArD PORTTON rS A STRrp OF |AND 26 FEET tN WDTH, DESCRIBED AS FOLLOWS; COMMENCING ATTHE NORTHWESTERTY CORNER OF SAID LOT 3;
THENCE, ALONG THE NORTHERTY LINE OF SAID LOT 3 SOUTH 87"44'22'' EAST60.00 FEETTO A POINT TYING ATTHE INTERSECTTON OF THE NORTHERTY LINE OF SAID tOT 3 AND THE EASTERTY LINE OT FANUCCHI WAY AS SHOWN ON PARCEL MAP NO. 11028 FILED IN BOOK 53 PAGES 156 THROUGI{ 159, INCLUSIVE, OF PARCEL MAPS, RECORDS OF sAlD couNTY, PO|NT BETNG THE TRUE pOtNT OF EEG|NN|NG;
THENCE, TEAVING SAID NORTHERTY L¡NE OF LOT 3, ATONG THE EASTERLY IINE OF SAID FANUCCHI WAY SOUTH 2"LL'23" WEST A DISTANCE OF I72O.52 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID tOT 3; THENCE, ALONG SAID SOUTHWESTERTY IINE SOUTH 87"4q22'' EASTA DISTANCE OF 26.00 FEETTO A POINT LYING

26.00 FEET EASTERTY OF AND PAßAIIEI WITI.I, MEASURED AT RIGHT ANGTE TO, SAID EASTERTY IINE OF FANUCCHI WAY;
THENCE, ALONG I.ASTSAID PARATLEL LINE NORTH 2"L!'23" EAST A DISTANCE OF L720.52 FEETTO A POINT ON THE NORTHERTY TINE OF SAID tOT 3;
THENCE, ALONG SAID NORTHERTY LINE NORTH 87"4{22" WEST A DISTANCE OF 26.00 FEET TO THE TRUE FOINT OF BEGINNII{G.

THE HEREIN ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 1.03 ACRES, MORE OR LESs.

END DESCRIPTION
PREPARED BY:
oscAR G. CARRTLTO (L|CENSE RENEWAL t2l3tl20L2l
oxe: -{to /zatt
4 NO.81¡17
G.

COPY
S 44 S 60
N'LY LINE LOT 3oF L.L.A. 08-33 LOT 3 OF L.L.A. NO. O8_3J PER INST. NO.
020900J916, O.R.
26, IVIDE DEUCANON
puauc uTTwsT.tFJ.êË3 uo*#3'"'.1å"'J3r'3,i.!'-ffåïr?'r?'Bt?'leHFEã pM No. r1o2e, pMB sl, ãöS.iãä_iss
DEDICAÎON FORSTREET ANDPUBLIC UTILITYPURPOSES
10, WOE PUBLIC UTILIIY
PM
EASEMEN ï PER
N o. o2E, PMB
53, PGS 56- 59 N o?l'2¡' E 1720.s2, Q rnruuccHl wAy SWLY UNE 5 L3 OF L.L.A.
-08=33*
L.S. 8147

EXHIBIT'B'
25'WIDE DEDICATION FOR STREETAND PUBTIC UTITITY PURPOSES A PORTION OF LOT 3 AS DESCRIBED IN CERTIFICATE OF COMPLIANCEOR LOT LINE ADJUSTMENÍ NO. 08-33 RECORDED JANUARY 12, 2OO9 AS INSTRUMENT NO. 0209003916, OF OFFICIAL RECORDS, ALSO BEING A poRroN oF tHE w I or sEc J2, T.2BS., R.z6E., M.D.B. & M.

CITY OF SHAFTER, KERN COUNTY, STATE OF CALIFORNIA
W7m ACREAGE: 1.0J AC
LEGEND
200' 0' 2Ad
BK.
coR.

INST.

L.L.A.

NO.

N,LY
NW,LY
o.R.

PG'S
P.M.

P.O.C.SW'tY
T.P.O.B.

BOOKCORNERINSTRUMENT

LOT LINE ADJUSTMENTNUMBERNORTHERLYNORTHWESTERLYOFFICIAL RECORDSPAGESPARCEL MAPPOINT OF COMMENCEMENTSOUTHWESTERLY

TRUE POINT OF BEGINNING
SCALE:1"-2OO'
I l PARCEL 1 OF
PARCEL MAP NO.
11110, P.M. BK. 54,
PG'S 'l Sr 2 r,Ð
I b8ô¡d b r-2. n qñ-j*j
- ¡rt ÊÐc{ñ
_ñ, @ + (¡t !t
T\ Ð
z
I
9J5.79'
P.O.CNWLY coR. LoT JoF L.L.A. OE-33
LI

LOT I OF
L.L.A. NO. 08-33
PARCEL 3 OF
PARCEL IIAP NO.
11028, P.M. BK. 5J,
PG'S 156-159
W,LY LINE LOT JoF L.L.A. OE-33 P

DISTANCE

73.00'26.00'26.00'

BEARING
s 8744'22" E
N 8744'22" W
s 8744'22" E
LINE
L1
L2
L3
N 02'1t',2J" E 1967.'t 1' 10Jt.J2'
IPAGE F- or ?-

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attn: City Clerk
No Recording Fee Pursuant to Gov't Code $ 27383 No Tax Pursuant to California Code $ I 1922

GRANT DEED
\MITH RESERVATION OF
THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax is: $ -OE Unincorporated Area X City of Assessors Parcel Numbers: Portions of 091-251
E computed on full value of
n computed on full value of time of sale;
FOR A VALUABLE CONSIDERA acknowledged, CITY OX'
SHAFTER, a charter city
4OOO FANUCCHI WAY
law ("Grantor") hereby grants to
('oGrantee"), that real
property situated in the State of California, and more fully described in Exhibits herein by reference. This grant
is made expressly
EXCEPTING an easement for any lawful public purposes
construct, operate, maintain, repair, reconstruct, alter, and lic utilities, and any appurtenant and necessary surface materials over, upon, and across that certain real property of Kem, State of California, more fully desøibed in Exhibits trA incorporated herein by reference
Said as an easement for public purposes and shall be kept open, clear and free and structures of any kind. This grant is subject to all existing conditions, restrictions, easements, servitudes and rights of way, whether of record or not. The easement and the obligations, burdens and benefits thereof contained in this instrument shall run with the land and shall inure to the benefit of and be binding upon the Grantor and Grantee and their respective voluntary and involuntary successors and assigns. and
1 street
RVBUS\MGRANT\739320. 1
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed as of this day of 2022.

Dated:-,2022 GRANTOR:

CITY OF SHAFTER
By:

Gabriel A.

City
Attest
RVBUS$4GRANT\739320, 1 2
EXHIBIT',A"
26, WIDE DEDICATION FOR STREET & PUBLIC UTIIIW PURPOSES A PORTION OF tOT 3 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR tOT LINE ADJUSTMENT NO. 08-33, RECORDED JANUARY L2,2OO9 AS INSTRUMENT NO. 0209003916, OF OFFICIAT RECOROS, ALSO BEING A PORTION OF THE WEST HAIF OF SECNON 32, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.B. & M., CITY OF SHAFTER, couNTY oF KERN, STATE OF CÂUFORNtA MORE pARTtCUtARty DESCRTBED AS FOTLOWS:

SAID PORTION IS A STRIP OF I.AND 26 FEET IN WDTH, DESCRIBED AS FOLTOWS; COMMENCING ATTHE NORTHWESTERLY CORNER OF SAID tOT 3;
THENCE, AI-ONG THE NORTHERTY LINE OF SAID LOT 3 SOUTH 87O44'22" ATTHE INTERSECÍION OF THE NORTHERTY LINE OF SAID LOT 3 AND THE ON PARCEL MAP NO. 11028 FILED IN BOOK 53 PAGES 156 THROUGH OF PARCEL OF SAID COUNTY, POINT BEING THE TRUE POINT OI BEGINNING;
THENCE, LEAVING SAID NORTHERLY IINE OF tOT3, ALONG FANUCCHIWAY SOUTH 2"TL'23'WESTA DISTANCE OT L72O.52 FEETTO A POINTON TI{E I-INE OF SAID LOT 3; THENCE, ATONG SA]D SOUTHWESTERLY IINE EASTA FEET TO A POINT TYING

26.00 FEET EASTERLY OF AND PARAI"TEL WITH,
WAY;

Y TINE OF FANUCCHI
THENCE, ALONG ]ASTSAID PARATLEL IINE NORTH OF T720.52 FEETTO A POINTON THE NORÏHERIY I.INE OT SAD I"OT
THENCE, ATONG SA|D
OF BEGIÍ{IIIÍTG.
87"44' DISTANCE OF 26.00 FEET TO THE TNUE POINT
THE HEREIN OF 1.03 ACRES, MORE OR LESS.

END DESCRIPTION
( LrcE NSE REN EWAL t2l 3tl 2OL2l
DATE:
4 NO.8147
G.

PARCET
OSCAR
NST
S
N'LY LINE LOT 3oF L.L.A. 08-33 3

IO, TVIDE PUBLIC
uo;"i3.JiF".Js3ä:tri:.d,f:3ifr
#igi
DEDICATON FORSTREET ANDPUBLIC UÏLITYPURPOSES €ASEMENT PER PM NO. o28, PMB L2 53, PGS 56-r 59 N 0?rr2J- E 1720.52, Q rnruuccHl wAY SWLY LINE 5 IJ OF L.L.A.
-O8=35-
L.S. 8147

EXHIBIT'B'
26'WIDE DEDICAT¡ON FOR STREET AND PUBLIC UTILÍTY PURPOSES A PORÏION OF LOT 3 AS DESCRIBED IN CERTIFICATE OF COMPLIANCEOR LOT LINE ADJUSruENT NO. 08-33 RECORDED JANUARY 12, AS INSTRUMENT NO. O2O9OO39I6, OF OFFICIAL RECORDS, ALSO LEGEND A PORTTON OF tHE W I OF SEC 32, r.zES., R.26

CITY OF SHAFTER, KERN COUNTY, STATE OF
E.. M.D.B. BK.

COR.

INST.

L.L.A.

NO.

N'LY
NW'LY
o.R.

PG'S
P.M.

P.O.C.SWLY
T.P.O.B.

BOOKCORNERINSÏRUMENTLOT LINE ADJUSTMENTNUMBERNORTHERLYNORTHWESÏERLYOFFICIAL RECORDSPAGESPARCEL MAPPOINT OF COMMENCEMENT

SOUTHWESTERLY

TRUE POINT OF BEGINNING
200' 0' 200' fr77v72 ACREAGE: 1.03 AC
SCALE:1"=2Od
t I PARCEL 1 OF

PARCEL MAP NO,
1il10, P.M. BK. 54,
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P.O.C.NWLY COR. LOT 3OF L.L.A. OE-Js
LI
LOï r oF
L.L.À NO. 08-33
PARCEL 3 OF
PARCEL IYIAP N0.
11028, P.M. BK. 55,
Pc's 156-159
W'LY LINE LOT 5oF L-l.A. 08-33
I

DISTANCE

73.00'26.00'26.00'

BEARING
s 8744',22- E
N 8744'.22" W
s 8744',22" E
LINE
LI
L2
L3
N O2'1t'23" E 1967.t.t' r031.J2'
f PAGE =5- or i-

CERTIFICATE OF' ACCEPTANCE OF
GRANT DEED \ryITH

RESERVATION OF' EASEMENT
This Certificate of Acceptance pertains to the interest in certain real conveyed by, and the easements, rights and privileges described, reserved and Deed with Reservation of Easement dated to which Acceptance is
attached,
from: CITY OF SHAFTER, a municipal
State of California ("Grantor")
to: 4000 FANUCCHI WAY
("Grantee")
Said Grant Deed with
officer on behalf of Grantee
Reservation of
Dated
By:

Name:

Title:
cal su of the
??????????????
accepted by the undersigned
of said Grant Deed with

F'ANUCCHI WAY PROPERTY LLCO
? ? ??? ?? ? ? ? ? ?? ? ? ? ?? ? ? ?
Signature must be notarized
RVBUS\N4GRANN39320.I 5
A
l-a,r, or-l

SFIAFTER
City of Shafter

COUNCIL AGENDA REPORT
Meeting Date: February 15,2022
FROM: Gabriel A. Gonzalez,City Manager
Prepared By: Michael James, Public V/orks Director
SUBJECT: DEED RESTRICTION FOR MANNEL PARK LAND AND WATER

CONSERVATION FLTND GRANT PROJECT FUNDING

RECOMMENDATION
Council find proposed activity is not subject to the California Environmental Quality Act; approve a deed restriction as submitted by the State of California Land and Water Conservation Fund Grant #06-01836; and authorizethe Public V/orks Director to execute and record said deed restriction on behalf of the City.

BACKGROUND
The City was awarded approximately $230,000 in State park grant funds that will be used with local matching funds for improvements at Mannel Park, focusing on a new inigation system and new shade structures and possibly a dog park area, subject to surplus funds available. The grant was awarded through the Land and Water Conservation Fund (LV/CF). A grant funding agreement for this project was recently fully executed by the City and State.

One condition of the LWCF grant award is the completion and recordation of a deed restriction that commits the City to own the park and not significantly in perpetuity. Although the City has already authorized and recorded a deed restriction for Mannel Park as a condition of another grant that funded outdoor fitness court improvements, a separate deed restriction must also be authorized and recorded for the LWCF project. V/ith the completion and recordation of the deed restriction, the City can be fully-reimbursed for its project expenditures per the grant funding agreement.

CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not dehned as a "Project" pursuant to Section 15378(bX5) of the CEQA Guidelines. The action is organization or administrative activities of governments that does not result in direct or indirect physical changes to the environment.

FISCAL IMPACT
Costs to prepare and record the deed restriction required of the City can be covered by existing operational and project funding. Therefore, budget action is not required.

CONSENT CALENDAR I I
Deed Restriction for Mannel Park Grant Funding Project (LWCF)

ALTERNATIVES
The Council could reject the requested action, mainly if there is some concern about operating and maintaining Mannel Park in perpetuity. However, restricting the site to a park would not alter any City plans or put the City at a measurable risk. Lastly, the park grant funds described above would not be possible without approving the deed restriction. Therefore, alternative action is not recommended.

ATTACHMENT
l. Proposed Deed Restriction
-2-
RECORDING REQUESTED BY:

Califomia Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert

SPACE ABOVE TTIIS LINE RESERVED FOR RECORDER'S USE

DEED RESTRICTION
I. WHEREAS,
(hereinafter referred to as "Owner(s)" is/are recorded
owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as
.'DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the '?RC"); and III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the Land and Water Conservation Fund, Competitive Program for improvements on the Property; and IV. WHEREAS, on September 10.2021 " DPR's Office of Granls and Local Services and the National Park Service approved Grant 06-01836 , (hereinafter referred to as "Grant") for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Propeffy; and
V. TWHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Land and Water Conservation Fund, Competitive Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOV/, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for themselves and for their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth alparagraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment ofthe Property that are hereby attached to the deed to the Property as fully effective components thereof. l. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all their assigns or successors-in-inlerest for the period running from September 10, 202 1 tfu ough perp etuity.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the Califomia Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 37 l2(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale oftax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.

In the event ofa breach, any forbearance on the part ofDPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 2 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: 2022
Owner(s) Name(s): City of Shafter
Signed:

Michael James
Public Works Director
City of Shafter
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
J
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _
On before me, aNotary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certiff under PENALTY OF PEzuURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature (Seal)
4 EXHIBIT A

LEGAL DESCRIPTION
THAT PORTION OF LAND IN BLOCKS 20 AND 30 OF THE "SALES MAP OF I.ANDS OF KERN COUNTY LAND COMPANY IN SHAFTERTOWNSITE", RECORDED IN BOOK 2 PAGE 66 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER; ALSO BEING A PORTION OF SECTION 10, TOWNSHIP 28 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTCUI.ARLY DESCRIBED AS FOLLOWS:

THATTRIANGUI.AR PARCEL OF I.AND BOUNDED BY THE WESTERLY RIGHT-OF-WAY

LINE OF MANNEL AVENUE, THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE, AND THE NORTHEASTERLY RIGHT.OFWAY LINE OF CALLOWAY STREET, INCLUDING LOTS 1 THROUGH 31, LOTS 33 THROUGH 35, AND THE CLOSED ALLEfl/VAY OF BLOCK 20 OF SAID SHAFTERTOWNSITE MAP, AND LOTS 11 THROUGH 16 OF BLOCK 30 OF SAID SHAFTERTOWNSITE MAP, AND THE FORMER ÐffENSION OF PACIFIC AVENUE THEREIN.

CoNTATNING 4.49 ACRES, MORE OR LESS
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THIS MAP IS FOR

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STATE OF CALIFORNIA

LEGAL OESCRIPTION
I'ANNEL PA¡ü(
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6 EXHIBIT B
DæuSign Envelope lD: 6D71 5BCS470E-4863-4E71-5FF5475A7888 St¡te of Califom¡r - N¡tunl Rsroureg Agsncf
Department of Parks and Recreation

GRANT CONTRACT
Land and Wator Consorvation Fund
Compet¡t¡ve
GRANTEE Ctlycf Shans
PRoJECTTITLE MANNELPARK PROJECTNUMBER 0ê01836
GRANT PERFORMANCE PERIOD is from septemor10,2o2't lhru June30,2024 The GRANTEE agrs lothe tems ðd cfrdltios of th¡s cmtræt, hãeindttr rêfêrsd to âÊ AGREEMENT, fld the Ståte cf Callmia, æting lhrugh its Lidsm Offics pursuant to the progrm named áow, ild qes to fund the tdal State grðt âmount ¡nd¡cated bê|il.

The GRANTEE agræ to mpletelhe GRANT SCOPÊ æ defined ¡n the GMNT SCOPgCost Estlmate Fm of the APPLICATION f¡led with thê Statê of Cdifm¡â r€fêrilced by the priæ-t numbsr indicat6d åæ.

PROJECT DESCRIPTION
lmprow Mannel Ptrk bycmsúucting a nil dog pãk with l¡oht¡ng ând two co\êrcd p¡cnic treæ. Rsmtethe elist¡ng picn¡c ræ fld lnigatim s!ßtm.

Tolal Stáe GEnt not toÐ(ceed $228,750.00
RÉte of R€imbußffit 50.00ûi6
(a 50% of the totd prqect, whlche\i€r ¡s less.)
City of Shsfter The GgnoEl and Spec¡al Prisim attachod aß mdå a psrt of Grantæ and ircqpøôt€d into lñe CqltËct
ey Michael James

STATE OF CALIFORNIA
Address
Title
Date
93263

DEPARTM
By
Date

AND RECREATION
&-'t* ê.t*
Publlc Wqks Dirætq 1ß1t2022
01-28-2022

CERTIFICATION OF FUNDING
Sfafe Use

CONTRACT NO
c89650t4
AMENDMENT NO FISCAL SUPPUER I.D,
0000012112
PROJECT NO.
0è01836
AMOUNI ÈNUUMtsEXEU BY IHIS U@UMENI
$228,750.00
-UND,
Fedúd Trust Fund
PKIUK AM9UNI ENUUMbÈRtsU ÈUR IHIü
ooNlRAct
II EM
379G101-0890
çHAPI ER
Þ

STATUTE
20 FISCAL YEAR
2021t22
TOTALAMOUNÍ ENCUMAERED IO DAE t $zg,zæ.oo 37glm91 5432mG5,1320mm0 Sfuchlred. ACTIVITY CODE
690¡19

PROJECT / WORK PHASE
3790091 01 200
'7
DocuS¡gn Envelope lD: 6D7158C5-4708-4863-AE71-5FF547547888 State of California
-
The Resources Agency
DEPARTMENT OF PARKS ÀND RECREATION
Land and Water Conservation Fund
Grant Contract Provi si on s
Part I - Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department of the lnterior.

B. The term "Directoi' as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director.

C. The term "Secretary" as used herein means the Secretary of the lnterior, or any representative lawfully delegated the authority to act for such Secretary.

D. The term "State" as used herein means the State, Territory, or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be subawarded pursuant to this agreement.

Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous.

E. The term "Land and Water Conservation Fund" or "LWCF" as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codifled at 54 U.S.C. S 2003), which is administered by the NPS.

F. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 7l (March 11 ,2021).

G. The term "project" as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments.

Part ll - Continuing Assurances
The pañies to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and suppofting application documentation consistent with the LWCF Act and the following requirements.

Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a padicipant's outdoor recreation.

It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and/or local outdoor recreation funds.

A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be 1 8
DocuSign Envelope lD: 6D7158C5-470E-4863-4E71-5FF5475A7888 responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply.

B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of properly leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation propeñies of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(fX3)). The LWCF postcompletion compliance regulations at 36 C.F.R. Part S9provide fuñher requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee.

Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided.
ln the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. ln receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set fodh in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS.

C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement.

The State fufther agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or 2 9
Docusign Envelope lD: 6D7'158C5-4708-4863-A871-5FF547547888 the submission and approval of a c,onversion request as described in Section ll.B above.

D. The State agrees to comply with the policies and procedures set forth in the Manual.

Provisions of said Manual are incorporated into and made a part of the prolect grant agreement.

E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59).

F. The State agrees that a notice of the grant agreement shall be recorded in the public property rec¡rds (e.9., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the propeñy described and shown in the scope of the grant agreement and the signed and dated project boundary map made pad of the agreement, has been acquired or developed with LWCF assistance and that it cannot be conveúed to other than public outdoor recreation use without the written approval of the Secretary as described in Paft ll.B. above.

G. Nondiscrimination
1 . By signing the LWGF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the lnterior Standard Award Terms and Conditions.

2. The State shall not discriminate against any persn on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. S 200305(i) and the Manual.

Part lll - Project Assurances
A. Proiect Application

1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement.

2. The State posæsses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required.

3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project.

B. Proiect Execution
1 . The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 3 l0
Docusign Envelope lD: 6D7158C5-470E-4863-AE7'1-5FF547547888

2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement.

3. The State will cause work on the project to start within a reasonable time after receipt of notifcation that funds have been approved and assure that the project will be implemented to completion with reasonable diligence.

4. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations.

5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require.

6. ln the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project; the State shall bring the prolect to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section "Project Termination" of this agreement.

7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project's compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI's Section 504 Regulations (rt3 C.F.R. Part17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of '1970 (P.1. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.1. 93-234).

8. The State will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards; Executive Order I 1288, relating to the prevention, control, and abatement or water pollution, and Executive Order 1 1990 relating to the protection of wetlands.

9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U-S.C. S 306108) and the Advisory Council on Historic Preservation regulations 36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant award) on historic properties by following the process outlined in regulations. That process includes (1 ) initiating the process through consultation with the State Historic Preservation Officer and other on the undertaking, as necesary, by (2) identiffing historic propefties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effectsof the undedaking upon such propefties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. S 800.'1 1. lf an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R S 800.13.

10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 94321 et seq.) and the GEQ regulations (40 4 l1
Docusign Envelope lD: 6D7158C5-470E-4863-4E71-5FF547547888 C.F.R. S 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requlres Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-suppoñed activities. Grantees and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grantsupported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to asst the NPS in determining the appropriate NEPA pathway when grantassisted development and other ground disturbing activities are expected. lf a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director's Order 12, applies.

D. Construction Contracted for bv the State Shall Meet the Followinq Requirements:
1 . Contracts for construction shall comply with the provisions of 43 CFR Parl 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Depadment of the lnterior).

2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part lll-J herein.

E. Retention and Custodial Requirements for Records
L Financial records, suppoñing documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Paft 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.

2. The retention period starts from the date of the final expenditure report for the project.

3. State and local governments are authorized to substitute copies in lieu of original records.

4. The Secretary of the lnterior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are peñinent to a specific project for the purpose of making audit, examination, excerpts and transcripts.

F. Proiect Termination
1 . The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS.

2. The State may unilaterally terminate the project at any time pr¡or to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS.

3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notiff the State in writing of the determination and the reasons for the termination, together with the effective date. 5 l2
DocuSign Envelope lD: 6D7158C5-4708-4863-AE71-5FF5475A7888 Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liaþilities of the parties.

4. The Director or State may terminate grants in whole, or in part at any time þefore the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion afrer the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State forthe Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination.

5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned.

G. Lobbvinq with Appropriated Funds
The State must certiff, for the award of grants exceeding $l 00,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Memþer of Congress, an offlcer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. ln compliance with Section 1352, title 31 , U.S. Code, the State certifies, as follows:

The undersigned certifies, to the best of his or her knowledge and beliel that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federalgrant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modiflcation of any Federal contract, grant, loan, or cooperative agreement.
(2) lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this ceñification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifo accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifìcation is a prerequisite for making or entering into this transaction imposed by Section 1352, title b
t3
Docusign Envelope lD: 6D7158C5-470E-4863-4871-5FF547547888 3l, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1 00,000 for each such failure.

H. Provision of a Druo-Free Workplace
ln compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State cedifies, as follows:

The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notiñ7ing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1 ) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace,
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than flve calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days afrer receiving notice under subparagraph (d)(2) from an employee or othennvise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (dX2), with respect to any employee who is so convicted; (1 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1 973, as amended; or
(2) Requiring such employee to paÍicipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 7 t4
DocuSign Envelope lD: 6D7158C5-470E-4853-AE71-5FF547547888 The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant.

Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project. l. Civil Riqhts Assurance
The State certifies that, as a condition to receiving any Federal assistance from the DepaÊment of the lnterior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United Statesshall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance. lf any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. ln all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended afrer the date hereof to the Applicant by the Department, including installment payments afrer such date on account of applications for Federal financial assistance which were approved before such date.

The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant J. Debarment and Suspension
I
l5
Docus¡gn Envelope lD: 6D7158C5-470E-4863-AE7'l-5FF547547888 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1 ) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, thefr, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or othenruise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this ceftification, such prospective participant shall attach an explanation to this proposal.

The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier paÉicipants in the implementation of this grant. Depadment of lnterior Form 1954 (Dl1954) may be used for this purpose, Certification Regarding Debarment, Suspension, lneligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
(1 ) The prospective lower tier participant certifles, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) \Mere the prospective lower tier pafticipant is unable to certify to any of the statements in this certification, such prospective pafticipant shall attach an explanation to this application.

I
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SFIAFTER
City of Shafter

COUNCIL AGENDA REPORT
Meeting Date:

FROM:

February 15,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: RIGHT-OF-WAY CERTIFICATION FOR SANTA FE WAY SHOULDER TMPROVEMENT- FTIP PROJECT #CML 5281(031)

RECOMMENDATION
Council find action is exempt per Section 15301(c) (Existing Facilities) of the California Environmental Quality Act Guidelines; and adopt Resolution 2846, a Resolution of the City Council of the City of Shafter authorizing the City Engineer to execute Right-of-V/ay Certificates for the 2022 Santa Fe Shoulder Improvement Project - CML 5231(031).

BACKGROUND
The City applied was awardedgl,327,950.00 in Federal Transportation Improvement Program (FTIP) funding, specifically through the Congestion Mitigation and Air Quality (CMAQ) Improvement Program, to construct paved shoulders on Santa Fe V/ay from Galpin Street to State Route 43. To receive authoÅzation for bidding from Caltrans, the administrator of FTIP funding, the City typically must have the City Engineer certify that all of the necessary public right-of-way and access rights are in place to proceed with construction. Caltrans fuither requires that certification to a specific official be authorized via aCity Council resolution for each FTIP project.

Such a resolution has been prepared for the Santa Fe Way shoulder improvements.

FISCAL IMPACT
Costs to prepare the resolution were covered within existing operations budgets. No right-of-way is required to construct the project. Still, there could be costs to secure access permits for any construction signage or staging within the portion of Santa Fe V/ay that is unincorporated and under the jurisdiction of the County of Kern. However, these costs can also be covered within existing budgets.

CEQA ANALYSIS
The action is exempt per Section 15301(c) (Existing Facilities) of the Califomia Environmental Quality Act (CEQA) Guidelines because the action is a required step in the funding for paved shoulder improvements on an existing street where the action does not create additional lanes and there is no expansion of the use because of the action.

CONSENT CALENDAR lr
Right-of-Way Certifìcation for Santa Fe Way Shoulder Improvement Project

ALTERNATIVES
There are no alternatives to the recommended action. The planned shoulder improvements at Santa Fe Way require the committed FTIP funding. Certifuing that a project has access rights for construction and maintenance work is a reasonable expectation for receiving FTIP funds. This type of certification has been applied to numerous FTIP projects by the City.

ATTACHMENTS

1. Resolution 2846
-2-
RESOLUTION NO.2846

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING THE CITY ENGINEER TO EXECUTE RIGHT OF WAY
CERTIFICATES FOR TIJiE2OZ2 SANTA FE SHOULDER IMPROVEMENT PROJECT .cML s281(031)
WHEREAS, City of Shafter has appropriated federal funds to construct shoulders on Santa Fe V/ay from Galpin Street to Beech Avenue in the City of Shafter, County of Kern, State of California; and
\ilHEREAS, the project is being administered to the City of Shafter by the California Department of Transportation Offrce of Local Assistance; and WHEREAS, in order to receive approval to construct, the City Engineer must first certi$ that all Rights of Way have been obtained conforming to 23 CFR 635.309, and the City of Shafter will indemnifu and hold harmless California Department of Transportation all liability which may result in the event the right of way for the project is not clear as certified; and \ilHEREAS, California Department of Transportation Offrce of Local Assistance is requiring a resolution from the governing board of the City of Shafter authorizing the City Engineer to sign the Right of Way Certification form.

NO\il, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, Shafter, California, does hereby authorize the City Engineer to execute the Right of V/ay Certification forms for the 2022 SANTA FE SHOULDER IMPROVEMENT PROJECT - CML s281(031).

PASSED, APPROVED AND ADOPTED ON THIS 15TH DAY OF FEBRUARY 2022.

Cathy L. Prout, Mayor
ATTEST:

Y azmina Pallares, City Clerk
APPROVED AS TO FORM:

Marco A. Martinez, City Attorney
,,^.*
11 ," oIl
City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: February 15,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public V/orks Director
SUBJECT: NOTICE OF INTENT TO COMPLY WITH SENATE BILL 1383

RECOMMENDATION
Council find proposed activity is not subject to the California Environmental Quality Act; and adopt Resolution 2847, a Resolution of the City Council of the City of Shafter authorizing submittal of a notification of Intent to Comply with the Senate Bill 1383 Regulations.

BACKGROUND
Last October, Senate Bill (SB) 619, which allows local jurisdictions to request relief from administrative penalties for not meeting targetdates for compliance with waste diversion mandates required by Senate Bill (SB) 1383, was signed into law. The relief applies to violations that would have occurred the first year of mandates became effective, which is January 1,2022. To take advantage of this opportunity, a jurisdiction must file a Notice of Intent to Comply with the State by March 1,2022. Further, a resolution must formally designate a City representative to file this notice on behalf of the City. For Council consideration, Resolution2S4T has been prepared by the City Attorney to authorizethe filing of the notice by the Public Works Director.

Through the City's Notice of Intent Comply, the Public'Works Director will request State approval for a one-year transition from the current trash-only service to the mandated three-cart trash and recycling service. This transition allows the City and its future franchise hauler for Core City residents, American Refuse, to provide proper planning and outreach. Upon receiving the Notice of Intent to Comply, the State must respond within 45 days. Upon their response, Public Works will brief the Council on potential changes and impacts to the SB 1383 compliance plan.

FISCAL IMPACT
Adoption of the recommended resolution does not require budget action. Costs to prepare and implement the SB 1383 compliance plan can be covered by existing Refuse Enterprise funding.

Future fiscal impacts of the franchise can be addressed as early as the mid-year budget cycle.

CONSENT CALENDAR 13
Notice of Intent to Comply with Senate Bill 1383
I
2 a
J

ALTERNATIVES
Unless the Council intends to be fully compliant with SB 1383 by this April, there is no alternative.

However, the logistics and public outreach for transitioning the entire to the mandated diversion programs will realistically require several months, meaning the City should take advantage of the opportunity to be protected from administrative penalties for implementing the compliance plan beyond April.

ATTACHMENTS
Resolution 2847
Draft Notice of Intent to Comply with SB 1383
Legal Briefing Regarding SB 619 by Best, Best, & Krieger dated October 8,2021 -2-
RESOLUTION NO.2847

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO
COMPLY WITH THE SENATE BILL 1383 REGULATIONS
WHEREAS, the California Department of Resources Recycling and Recovery ("CalRecycle"), adopted regulations to implement Senate Bill 1383 (Laru, Statutes of 2016) ("SB 1383 Regulations"), to achieve the organic waste reduction goals established in Health and Safety Code Section39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014levelby 2025; and \ilHEREAS, the City of Shafter ("City") is a local jurisdiction required to comply with the SB 1383 Regulations; and
\ilHEREAS, the City expects to be facing continuing violations of the SB 1383 Regulations during the2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, Statutes of 2021), amended Public Resources Code Section 42652.5, created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year and may be eligible for a broader and longerterm regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, the City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval; and
\ilHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of SB 619.

NOW, THEREFORE, BE IT RESOLVED' by the City Council of the City of Shafter:

SECTION 1. The City Council hereby incorporates by reference the recitals of this Resolution.

SECTION 2. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit "4" and authorizes and directs the City Clerk to submit the Notification of Intent to Comply to CalRecycle for approval.

SECTION 3. By submitting the Notification of Intent to Comply pursuant to SB 619, the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with SB 619 and the SB 1383 Regulations.

SECTION 4. The City agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the SB 1383 Regulations identified in its Notification of Intent to Comply.

Shafter City Council Resolution No. 2847
February 15,2022
Page2
SECTION 5. This Resolution shall take effect and be in full force and effect upon its adoption.

SECTION 6. The City Clerk shall certi$' to the adoption of this resolution and shall cause a certified resolution to be filed in the Offrce of the City Clerk.

PASSED AND ADOPTED THIS 15TH DAy OF FEBRUARY' 2022.

Cathy L. Prout, Mayor
ATTEST:

Y azmina Pallares, City Clerk
APPROVED AS TO FORM:

Marco A. Martinez, City Attorney
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)\
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1,2022,to NOIC@Cal Recycle. ca. qov.

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the localjurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the localjurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. ln this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of lntent to Comply when disapproving the jurisdiction's notification.

Please clearlv print or tvpe responses. Attach additional pages as necessary.

Jurisdiction Name:City of Shafter County:Kern
Person Completing the Form
First Name. Michael Last Name. James
Title. Public Works Director
Mailing Add ress: 336 Pacific Avenue
City:Shafter Zip Code:93263
Email Add ress: [email protected]
Phone Number: 661 -746-501 I

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:

X (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residentialfoodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for allbusrnesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section '18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.1 1 .

E (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services ¡ (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services n (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services E (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
E (F) 14 CCR section 18984.5 Container Contamination Minimization E (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
E (H) 14 CCR section 18984.7 Container Color Requirements E (l) 14 CCR section 18984.8 Container Labeling Requirements E (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction E (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.

E (W) 14 CCR section 18993.1
E ü) 14 CCR section 18993.2.

E m 14 CCR section 18993.3
E G) 14 CCR section 18993.4
Jurisdiction Edible Food Recovery Program
Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
Organic Waste Recycling Capacity Planning
Edible Food Recovery Capacity
Recovered Organic Waste Product Procurement Target
Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
Recycled Content Paper Procurement Req u i rements
Recordkeeping Requirements for Recycled Content Paper
Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are st¡ll expected to report to CalRecycle.

E(BB) 14 CCR section 18995.1. Jurisdiction lnspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
E (CC) 14 CCR section 18995.2. lmplementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction lnvestigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are stiil expected to investigate complaints.

E (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:

X (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section n (1)
n (3)
n (4)
n (5)
(2)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

For the past two years, the City has primarily focused on delivering essential services with limited staffing and resources during the COVID-19 pandemic. The City also did not think it was prudent to make detailed plans and commit significant resources and funding a compliance plan until the regulations were finalized and communicated, which did not happen until late 2020. Finally, the City faces a more complicated and challenging conversion for certain residents who receive only trash service in alleys and share containers with their neighbors.

3. A description of the impacts of the COVID-19 pandemic on compliance.

The pandemic continues to have limited staff availability for proper planning and implementation of new diversion programs. To stabilize its operating budgets and avoid layoffs with an uncertain economic fallout of the pandemic, the City had to temporarily freeze new hires that could have contributed to the City's compliance efforts. The City's residents and businesses have experienced economic hardships with rising costs for purchases and services and loss or disruption of employment.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optionalformat below.

The City proposes to have its existing franchise agreements compliant with SB 1383 by June 2022 and convert the trash-only service for its Core City residents to SB 1383-compliant three-cart programs by March 2023. A new franchise hauler will perform the Core City conversion in phases.

Approximately 50% conversion completion, specifically for existing curbside service customers, is planned by June 2022. The balance of the conversions will be for customers switching from alley to curbside service, with the order based on the ease of service in the street.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

Signature Printed Name Title Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner. r Add Attachment

EXAMPLE
Requlatorv Requirement and Description
Action Proposed Schedule
TASK 1 Date to be completed
TASK 2 Date to be completed
TASK 3 Date to be completed
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1 Date to be completed
TASK 2 Date to be completed
Regulatory Requiremenil (8.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed
4n/2022
TASK 2. The city will work with its hauler to find a facility to accept mixed organic wasfe.

Date to be completed
4/14/2022
Regulatory Requirement (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more
Action: Schedule
TASK 1. Purchase two additional collection trucks and modify collection routes
Date to be completed
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed
4/28/2022
Notification of lntent to Gomply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)1.

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1,2022,to NOIC(OCal Recycle. ca.oov.

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the localjurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

Please clearlv print or tvpe responses. Attach additional pages as necessary.

Jurisdiction Name:City of Shafter County:Kern
Person Completing the Form
First Name:Michael Last Name:James
Title: Public Works Director
Mailing Address: 336 Pacific Avenue
City:Shafter Zip Code:93263
Email Address: [email protected]
Phone Number: 661 -746-501 I

Example:

X (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercialorganics collection for allbusrnesses under 2 cubic yards. Note: City already provides mandatory commercialorganics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
( ) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11.

E (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services tr (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services n (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services E (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
E (F) 14 CCR section 18984.5 Container Contamination Minimization E (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
E (H) 14 CCR section 18984.7 Container Color Requirements E (l) 14 CCR section 18984.8 Container Labeling Requirements E (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction E (K) 14 CCR section 18985.1 . Organic Waste Recovery Education and Outreach.

E (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach E (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
n (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers n (O) 14 CCR section 18988.3. Self-haulers of Organic Waste E (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
n (O) 14 CCR section 18989.1. CALGreen Building Codes
fl (R) 14 CCR section 18989.2 ModelWater Efficient Land scape Ordinance E (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program E (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
E (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning E M 14 CCR section 18992.2. Edible Food Recovery Capacity E (W 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target E ü) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
E m 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements E (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.

E(BB) 14 CCR section 18995.1. Jurisdiction lnspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Secfion 42649.8)
E (CC) 14 CCR section 18995.2. lmplementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction lnvestigatíon of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are stiil expected to investigate complaints.

Example:

X (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section n (1)
n (2)
n (3)
I (4)
n (5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

3. A description of the impacts of the COVID-19 pandemic on compliance.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

Add Attachment

EXAMPLE
Requlatorv Requirement and Descri ption
Action Proposed Schedule
TASK 1 Date to be completed
TASK 2 Date to be completed
TASK 3 Date to be completed
Requlatory Requirement and Description
Action Proposed Schedule
TASK 1 Date to be completed
TASK 2: Date to be completed
Regulatory RequiremenÍ (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory qreenwaste collection to all residents Action Proposed Schedule
TASK 1. Purchase two additional collection trucks and modify collection routes
Date to be completed
4n/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed
4/14/2022
Regulatory RequiremenÍ (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more
Action: Schedule
TASK 1: Purchase two additionalcollection trucks and modify collection routes
Date to be completed
4/21/2022
TASK 2. The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly repoñs from the hauler to monitor full distribution of carts.

Date to be completed
4/28/2022
212122,3:05 PM Relief for California Local Jurisdictions Unable to Meet Deadline to lmplement Organic Waste Diversion Regulations I Best Best & October 8,2021
Relief for California Local Jurisdictions Unable to Meet Deadline to Implement Organic Waste Diversion Regulations Joanna Gin, Joshua Nelson
Best Best & Krieger LLP
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Governor Signs SB 619 fnto Law
Local jurisdictions (cities, counties and special districts) that fail to adopt enforceable mechanisms to divert organic waste from landfills in accordance with SB 1383 regulations before Jan. 1, 2c22 will now be able to seek relief from administrative civil penalties, because Gov.

Newsom signed SB 619 yesterday.

What Violations Result in Penalties?
Under the SB 1383 regulations, if a local jurisdiction fails to adopt enforceable mechanisms (ordinances, franchise agreements, etc.) to implement the SB 1383 regulations by Jan. L,2c.22, the California Department of Resources Recycling and Recovery (CalRecycle) can impose administrative civil penalties against the jurisdiction. Penalties vary based on the severity of the violation. Violations that substantially deviate from the SB 1383 regulations are considered to be major and will result in penalties between $7,Soo and $ro,ooo per violation per day.

Major violations may include violations that are knowi:
violations. Specific major violations by a jurisdiction in Th is we,bsile Lises co*kies l<: iz:ysr ov <:
user ex¡;erie nce, track ancrryn':ous site
t)t;"àg,e , s it r* auth c, riz,ation lakc:nç anó
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Failure to have an edible food recovery prog
Failure to have the required SB 1383 impl€Írc'rauru' rEr.ur(rù a Failure to have any ordinance or similar enfr
disposal reduction and edible food recovery
Failure to have a provision in a contract, agr
requires a hauler to comply with SB 1383 re¡
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https://wwwjdsupra.com/legalnewsirelief-for-california-local-8623882/ 1t4 212122,3:O5PM
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Relief for California Local Jurisdictions Unable to Meet Deadline to lmplement Organic Waste Diversion Regulations I Best Best & Implementation or enforcement of any ordinance, policy, procedure, condition or initiative prohibited by SB 1383 regulations
Failure to submit reports to CalRecycle regarding its implementation and compliance with SB 1383 regulations
How to Qualify for Relief from Penalties
In order to qualify for relief from penalties for minor, moderate and major violations as defined in 14 CCR $ rSggZ.g for the 2c22 calendar year, a local jurisdiction must submit a notification of its intent to comply with the SB 1383 regulations to CalRecycle before March t,2c22.

How to Submit a Notifïcation of Intent to Comply
To submit a notification of intent to comply, the local jurisdiction's governing body must adopt a resolution adopting the notification of intent to comply in writing and file it with CalRecycle by March 7, 2022. The local jurisdiction must include:

A description, with specificity, of the continuing violations; A detailed explanation of the reasons, along with supporting documentation, why the local jurisdiction is unable to comply with the SB 1383 regulations; A description of how the COVID-I9 pandemic impacted compliance; and a
a
A description of the proposed actions the local jurisdiction will take to comply within the proposed timeline.

CalRecycle must, within 45 business days of receiving a notification, approve it, disapprove it (with a justification), request additional information or commit to a narticuìar timelìne for a final decision on approval or disapproval.

This website uses cookies to irnprcve
user experience, track anor:ynrous site
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If CalRecycle approves a particular notification and the proposed actions, administrative civil penalties will be local jurisdiction fails to correct its violations or compl comply, CalRecycle may revoke its approval and impos
violations occurring in zozz retroactive to the original accrue on Jan. t,2o2g if violations that commenced du
upon complete compliance with the terms of such a col
those administrative civil penalties.
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Ccntínua
https://www.jdsupra.com/legalnews/relief-for-california-local-8623882/ 2t4 212122,3:O5 PM Relief for California Local Jurisdictions Unable to Meet Deadline to lmplement Organic Waste Diversion Regulations I Best Best & Key Takeaways
While a local jurisdiction's failure to adopt enforceable mechanisms to comply with SB r3B3 regulations by Jan. r, 2c22 will incur penalties, local jurisdictions can seek relief by submitting a notification of intent to comply by March L, 2022. SB 619 gives jurisdictions more time to adopt their ordinances and approve their franchise agreements to locally implement the SB 1383 regulations before fines may be imposed. However, this still requires the local jurisdiction to work towards adopting the enforceable mechanisms, or else CalRecycle can demand retroactive payment of penalties for non-performance.

For more information about the SB 1.383 regulations, read BB&K's detailed summary here. lView source.]
I Send r LI'rirtj A Report

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SHAFTER
City of Shafter

COUNCIL AGENDA REPORT
Meeting Date
FROM:

February 15,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT: TRACT 7318 PHASE 1 FINAL MAP

RECOMMENDATION
Council find the approval of the final map is ministeri al and,therefore, not subject to the California Environmental Quality Act; and approve final map for Tract 7318 Phase 1.

BACKGROUND
Tract7318 Phase 1 is an 18-lot residential development located on the north side of W. Tulare Avenue, at Ryan Drive. Tract7318 is being developed by KC Builders Collaborative, LLC. The Tract is currently under construction. All improvements will be performed in accordance with the conditions of approval, city standards, and the approved plans for the development. No completed improvements have been accepted by City Council and will not be presented to the Council for acceptance until all are completed to the satisfaction of the City Engineer.

The developer has provided a performance bond equal to l00Yo of the engineer's estimate per Council authorization on February 1,2022. The developer has also provided a labor and materials bond equal to 50o/o of the engineer's estimate. This is in compliance with the City's Subdivision Ordinance (Municipal Code Title 16). The City of Shafter and the developer have signed an "Agreement for Completion of Public Improvements" that is on file with the City Engineer.

The City Engineer has reviewed the map and finds that it meets the requirements ofthe Subdivision Map Act, the Subdivision Ordinance, and the approved Tentative Tract Map with approved alterations thereof. The City Surveyor has signed the map stating it is technically correct. All Conditions of Approval shall be met prior to recordation.

FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of this final map. Indirectly, the approval may expedite the development of this residential development. Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.

CONSENT CALENDAR I+
Tract 7318 Phase I Final Man

CEQA ANALYSIS
The approval of the final map is ministerial and, therefore, not subject to CEQA.

ALTERNATIVES
In accordance with Government Code $66458, Council can only deny approval of the final map if it is determined that the map does not comply with the local subdivision ordinance applicable at the time the tentative map was conditionally approved. The attached final map is consistent with the approved tentative map and complies with the City of Shafter Subdivision Ordinance.

STAFF DOES NOT RECOMMEND THIS OPTION.

ATTACHMENTS
Vicinity Map
Tract7318 Phase 1 Final Map
I
2 TFIACT 7318
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Copyright nearmap 2015. Esri Commun¡ty lvlaps Contributors, City of Shafter,California State Parks O Openstreetl\/ap, lvlicrosoft, Esri. HERE. Garmin, City of Shafter
ôn{FR\ SÌÀlFUFill TRACT NO. 7318
PI{ASE
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DMSotl 0f A PoRnoil f P RCEL A f l-Ol llE AÀlJSn¡AlT Xo ã-85, Pt¡ CSllRC lE ç CotlPu^Ì¡CE nEComED mC¿r¡n 29. 2021, AS DoCUE{I No, Wl&2sn f ûRor- REcoRDq il If trftcE 0F trE Kr¡lt c(llNTf REcoRDEûÄSo ffic A PCRrot{ 0F rt€ t{oRlHrEsf ouÆrB s€c¡tor{ 9, RnilsHp 2E st,rH, M¡tc€ 25 ErSf, t¡û¡lf u¡no BrsE t IERD|^¡, N tHE CIy ç SflrFfER, mJtffy $ KEil, ST tE c E NMEEY SIAI frAT ffi ARE HE OWNRS OF, OR HAV€ SOME RIGHÍ, TIE ORIN1ERESI ]N AND TO frE RÊAL PROPERil INCLUDED WflN frE SUBDIVSION SNOWNUPON flIS UÀP, AND ]ì]AI EXCÊPI AS SHOVN ON TNIS MAP AND STAEMENTS MAD€ APART HEREOF, {E ARE frE ONLY FERSOÑS WBOSE CONSENI IS NECESSÆY TO FASSCLEAR'IìTLË ÏO sA]D PROPERTY. AND WE CJNSENT TO THE MAK1NC OF SAID MAP ANDSUBOIVSION AS SHOM WfrIN THE DISTINCTIW SORDER LINES ANÐ HEREBY OÊFÊR FORDED CAÏON TO frE PIBLIC ALL NÉ SMEETS SHOM UPON SAID MAP WTH N SAÐS!BDIVSION.M ALSO HTREBY DEDICATE TO BE PUBL]C ALL THE REAL PROPERTY LOCAIED WIHINTH€ SIREEIS RIGHT'OF_WAY AS SOM UPON ffE üAP, SAD PROPÊRfr IO BE USEDFOR BOfr EXISÏNG AND FUTUR€ SNÉEÍ AND PUBLÌC UILñ PURrcSES.

PURSUANT TO THE PROVSONS OF SECTON 66436 OF frE SUED VSÌON MAP ACT SIAIMENECONSENTNG TO THE PREPARAÍON AND RÊCORDATION OF üIS lAP HAW EEEN OM l]ED FOR ÊE FOLLOWING ENTNES:NAUE IâIUEE_qE_]!rERESI UNITED SÏATES OF EASEMENT HOLDER PER BOOK 2580, PÀGE 36ð, OF AMERICA OFFICIAL RECORDS.KERN COUNfr LAND BLANKÊÍ EASEMENI FOR WAIER WAYS. MAINS, CANALS.

COMPANY DITCHES, AQUãDUCIS ROADS AND H]CFWAY PER SALES
MAP OF LANDS S KERN COUNÌY LAND COMPANYFILED FEBRUARY 1], 1913 fHE PUBLIC IN CENERAL RIGHTS OF frE PUBLIC fO ANY PORION OF LAND LYNG WfrIN THE AREA COMMONLY KNOW AS TULÀRE AWNUE.

PÀCIFIC. GAS & ELEC. EASEMENT HOLDER PER DOCUMENT NO. 213093228 OF OFFICIAL RECORDS.

JACK FRy t/2 NÌEREST MTNERAL RTGNTS oF Lor 12 pER BK. 6446, PC. 957, OF OFFCAL RECORDS.

VfE AISO HEREBY DEDICAE FM PUBLIC USE EASEMENTS FOR PUBLIC UTLIIES, BOüEXISTING ÀND FU'IURE. UNÛER, ON OR OIER BOSE CERIAN SRIPS OF LANDDESGNATED AS "PUBL C UTLÌTIES EASEMENT' (PUE) ÂS SHOM ON SA D MAP WBINSAl0 SU80|V|5¡CN: SUCH sftlP:- yÀLL BE KEPT OPEN ANo REE FROM zulLóINGS ANoSIRUCTURES OF ANY KIND.YIE ALSO HEREBY DEDICÀE TO TNE CITY OF SHAF'IER, ALL OF LOf "A'FOR PUBLCSIORM ÛRAIN EASEMENT PURPOSES, AS SHOñ ON SAD MAP W'II]N SAID SUBDIVSON.ffi ALSO HEREBY DEDÌCÀTE FM PUBLIC USE ÀN ÊASilENT FOR LANDSCAPÌNG ANDWÀILS ÀDJACENT TO IIEST.IULÁRE À\€NUË. ON AND OWR LOI 1. AS SNOM ON $ID c^tflxiltt
18 ltutrnÐ LoÌs, I mno toT 6.10 GR0ss
^cREs qtÞlß.w'c srl.nill
dTY CI-ERK,S CERÎFICAIE
frS MAP WAS PREPARED EY ME OR UNDER MY DRECTM AND IS BAS¡D UPON A FEtDSURVEY IN CONFORMÂNCE WTI ]HÊ REOUIREMENß OF ]I]E SIBDVSION MAP ACT ANDLOCAL ORDINANCE AI IHÊ REOUÊSI Of KC BUIDERS COLLABORAIVE. LLC, A CAUFORNALIMIED LABILIÌ COMPANY, DlR NG FEBRUARY 2021, L NEREBY STAE THAI ALL frEMONIMENTS ARE CF ÈE CHARACIR AND OCCUPY THE POSÍONS INDICAT¡D OR frAT THEYwLL BE sEr tN tlosE posroNs wÌHtN oNE (1) EAF FRoM THE OAE cF REcoRÐaroN oF 'IN]S MAP AND frAT ÊE MONUMENIS AR5, OR WILL BE, SUFFCIENI IO ENABLE frE SURWYTO BE RENACED, AND THAI fr]S FINAL MAP SUBSTANIÀLLY CONFORMS TO ilE COND I ONALLY APPROWD ENIATW MAP. E ALSO HEREBY DED]CATE FOR PUELIC USE. EÂSEMENTS FOR PEDESTR]AN PIRPOSES, il OR OWR IHOS SIRIPS OF LÀND DESICNAIED AS "PEDESMIAN EASIMENI (PE)'', AS SHOM ON SAID MÂP WHN SAID SUBDIVSION. SICH STR]PS SHALL BE KEPT OPEN ANDFREE ROM BULDINGS ANO SIRUCIURES OF ANY KND.

Æ ÂLSO HEREBY WAÌVE ALL RIGHÍS OÉ DRECT ACCESS FROM LOTS 1 frROUG 8 ANDLOT "A'IO MST ruLARE AENUL AS SHOM ON SAD MAP H]NN SAID SUBDVSION,I€ ÀLSO HEREBY ÛAIVE ALL RIGHIS OF DRECT ACCESS FROM LOIS 3 ÀND 4 TO RYÀNÛRIW, AS SHOM ON SAD MAP W]HIN SAID SUED VSÌON.M ÀLSO HEREBY WA VE ALL RIGHTS OF D RECT ACCESS FROM LOT 17 TO LAÙFORDSÏREEI AS SHOM ON SAD MAP WIIIN SAID SUBÐVSION.

TIE CIÏY COUNCIL OF frE CITY OF SHAÊIER IEREBY ORDERS flAT ÍHE MAP OF TRACT NO.7318.PHASE 1 IS APPRO\ID. ]NAT ÁLL EASEMENTS AND ACCESS RIGHTS SNOWN UPON ]IISMAP AND HEREON OEREÐ FOR DEDICATON BE AND BE SAME ARE HER€Y ACCEPEO FOR ÊE PIRPOSI OR PURPOSES FOR MCH THE SAME ARE OFFERED, AND IHAI frE STRE'ÌSSHOWN UPON THLS MAP AND HEREON OFFERED FOR DEDCATON 8[ AND TNE SAilE ARÊHEREEY ACCEPTEO FOR PUBLIC USE SIBJECT TO CONSTRUCION OF ALL ]MPROVEMENTS BY frF SUBÐIVIDER AND ACCEPIANCE OF ALL MPROWMENTS BY TNE CIry. ]f D]REC'Is frE CLERKOF THIS COUNCL fO ENOORSE UPON THE FACE OF ]HIS MAP, ffIS ORDER ÂUTHENTCAÍEO BY frË SEAL OF IHE Cfi COUNCIL OÍ INE C IY OF SNAFTËR. A. GUTERREz. L.S. 7595. EXP. 6_30_22 DAE HEREBY CERTIFY frAT THE FOREGOINc ORDERS SERE APPROWD BY THE CIil COUNCIL !ô1È OF frE CIfl OF SIAFTER, AT A MEE¡NC IIELD A PRELIMINARY SOILS REPORÍ DAEO DECEMBER 14, 2016. HAS BEEN PRÊPARED BY KRAZAN & ÅSSOCIAES, INC. UNDÊR SGNAIURE OF RYAN X, PRIVflI, F.C.E. 59372 AND IS ON FILE IN fiE OTÊICE OF THE CITY EULDINC OFFCIAL.

PLANNING DIRECTOR'S STAIEI¡EI'IT
YAZMINA PALLARES CÌil CÉRK. CI]Y OF SHAFftR
Rtct{t 1ô F R¡¡ NôÎl:F
DATE
DÂNIEL T. SHÀNYFELT, MANÀGNG VEMBËRKC BUILDERS COLLABORATW, LLC, A CALIFORNA LIMLIEO L]ABLLITY COMPANY IF YOUR REÄL PROPERTY IS NEAR PROPTRTY IJSED FOR ACRICLJLTURAL OPERAÌ]ONS, YOU MAY 8E SUBJECT TO INCONWNIENCES OR DISCOMFORIS ARISING íROM SUCN OPERAT]ONS ON ANY 24 HOUR BASS SAID D]sCOMFORE MAY INCLUDE, BUI NOT BÊ LIM]ED TO EQUIruENT NOISES,ODORS ffiOM MANURE OR OfrER CHEMICALS, AND DUSI OR SMOKE, ilE CIÎY HAS DE]ERMNEDTNAf I]IE USE ffi REAL PROPERTY FOR AGRICULruRÀL OPTRANONS IS Â HIGF FRIOR]TY ANDFAVORED USE 10 THT C]IY AND KERN COUNIY ÁND WLL NOT BE CMSIDERED A NUSANCE FORÏNOSE INCONVENIENCES OR DISCOMFORIS ARISINC FROil AGRO]LTURÀL OPERATONS, PROVIDED SUCH OPERAÎONS ARE CMSSIENI WIh ACCEPED CISTOMS, SÍANDAROS AND LAÆ, xotEs
HEREBY STAI INAT frE CIñ COUNCIL OF ilE CIfi OF SHAFIR APPROWD OR CONDIÏONALLY APPROVED THE TENTA]]W TRACT MÀP AND APPLICAELT ilINSIONS 'IH&ÉOF AI IHEIR UEETING ]]ELD ON JILY 18, 2017.IHE SUEDVSION AS SHO\W ON lHE FNAL MAP IS SUBSTANTALLY HÉ SAMÊ AS LI APPEARED ON frE IENTÀNW MÁP AND N ACCORDANCE WB ANY CONDTONS ÀPPROWD BY IHE CIñ COUNCIL.

SANÐEEP BHANGU. MEMBERKC 8U]LDERS COLLAEORATVF, LLC, A CALFORNIA L]M]IED LIABIL]TY COMPANY SIEVE J- ESSELMAN PUNNINC D]RECÏOR D AÏ! CRECORY KETN BALFANZ AND fAruM DAV/Ñ EALFANZ FAM]LY ÏRUST, DAEOJANUARY 26, 2015. AS BEN€ÊICARY UNDER DEED OF RUST RECORDEDMARCH 15. 2021, AS |NSnUMENI NO. 221047936, 0F OFFCAL RECORDS.

IF DURINC CRADNG OR CONSTRUCTJON, ANY FLUGGED ABÂNDONED, OR UNRECORDED OI ND6A5 MLLS ARE IJNCOVERED OR DAMÀGED, frE DEPARIMENI OÊ CONSERVAIONÆVSION OíOIL. GAS. AND CEOfrERMAL R$OURCES (DOGGR) SHÀtr BE CONTACED IO INSPECT ANDÀPPROVE ANY REMËD AIION REOU]REO.IÊ ANY ABANDONÐ WATER WELLS ÀRE LOCÁTED W'IH|N THÊ DEVELOPMENI OR DISCO\€REDDURING EXCAVÀTON OR GRADING, iHE KERN COUN-IY PUBLIC HEALfl DEPÀRTMENT - ENVRONUftTAL NEALÌH SERVCES FROGRAM MIST 8E æNTÀCED IO OBIAIN INFORMAIONFOR PROPER PERMIfrINC AND DESMUCÌON.

C'ÎY ENIJNFFÈS STATUFNI

IRUSIEE
I, KEVN L. llARVN, HEREBY STAm THAÍ I HÁE FXAMNED THIS MAP| flAT frrSUBDIVSION $OM HIR€ON S SUBSTANIIALLY THÊ SAME AS II APPEÁRÉD ON INEENTAIVE MAP OR ÀFPROVED ALERAToNS TNREOF; ANo ÊÂT ALL OF frE REQUREMENISOF THE SUEDIV]S]ON MAP ACI ANO LOCAL ORDNANCES APPLCABLE AI frE TME OF IHEÀPPROVED IENTANVE üAP HAW EEEN COIJPLIED Wfr.

CREGORY KEIIN BAfÂNZ AND ÏA]UU DAWN EALFANZ FAM LY IRUST DATED JÀNUARY 26, 2015, AS BENEFIC1ARY INOER DEED OF NUSI RECORDED MARCH 15, 2021, AS INSÎRUMÊNI NO. 22104793€, OF OFF]C]AL RECORDS. KEVrN L. ts^RMoN, R.c.E. 54800, exp. 12/J1/2J CITY ENGNEER. CIñ OF SHAFIERdTY SüRI/FYôR'S st TF|¡F[¡Î lÆ
IAruM DAWN EALFANZ, TRUSTEE
,
ROtrAND VAN D€ VALI(, HEREBY STAE frÁT HAVE EXAMINED RIS MAP AND TO ßE BESI OF MY KNOIEDCE AND BÊLIEF AM SATSFED THAT THE MAP 5 ECHNICALLYCORRFCI GREGORY BALFANZ CONSMUCÌON, AS BENEFICARY UNDER DEED OF NUST RECORDED VARCH 15, 202J, AS INS]RUMENT NO. 22]047956.

OF OFFOAL RECMDS.

ROLLAND VAN DE VALk, L.S. No. 7214CIIY SURWYOR, CTY OF SHAFER RECORDER'S CERÎFICAIE
DATE

CRECORY KEB BALFANZ, OMER
RPM PROPERTY INWSIMEN]S, LLC, AS BENEFÌCIARY UNDER OEED OF MUST RECORDED MARCH 15, 202], AS INSIRUMENT NO. 221047936, OF OFF]C]AL RECORDS. rLED B]s-DAY OF-, 20 , AT ,M, IN BOOK -

OF MAPS, AT PAGE
-,
AÌ THË REOUESI
OF JEFFREY A. GUIIERREZ.
.tôN I tFôtrçT
IANUARY ¡1"
n¡vÆiEnx
nu
ROSS MARCHEANKS. PRESIDENT KERN COUNÛ ASSESSOR_RECOROER SHEET 1 OF 4
A NO]ARY PISUC M OTHER OFCER CMPLEINC ftIS CTîTFEAIE ERIflES ONLY Hi IDENTTY OÍ ]HE INDIIIDUAL WO SIflED THE DOCUMFN¡ TO #ICN I]IIS CER]IRCATE IS AITACHT. AND NOT IHE NUBFUUESS, ÂCCURACI OR VALIDIÍ !F frAÎ DOCIUENT, A NOfARY PUSUC 8F OfrER GFICff CWPEÍING HIs SRNF CAE VffiFES ONLY lHE INENTIfr OF NE NDIVIDUAL VIHO SI6NtD ftE OOCUMEM TO *HICH THIS ffiRNECATT IS AÍIAC$TD. AND NOI THÊ IRUfrFULNESS, ACCURATÍ ÕÊ VALIDITY OF frÂT DOCUMINÍ- TRACT NIO. 73[8 PFTASE 1 cor.¡ssruc 0r 4 gt¡m
BENG A ftVSO{ 0F A PoRÌni ff PtRcL ^ F t-Ol UNE ^ÀIJSIÌ[}{Î ilo. 21-85. pER CRîÊnAn 0Ê C0ilru,rtlCE RÊmRDiD 0ECãl8tR 29, 2021, AS D0ClrilR{Î ilo 0n1lt2522 tr omoll RÊcm$ tx r]tE çRcE f lllÊ t(Fil cout{fy REcoRDÊqÀso BûNc A PoRnfl 0F llrE N0RIIìEST ouÂRrER *CÌoN L Toyil$îp 28 SoUÌt, RÂIICC 25 E^f' I¡û'NT UIsLO BISE & IIEROI¡Ti, N IHE CITY f SHAFIER. COUNÍY OF XERI|, STAIE OF c¡LFwNtA.

IE ÍN¡BEÎED LOIS. I IfiTERED LOI 6.10 GROSS ACRES
STAT OF CAUFOñIÀ ì cc cOUNfiGkERN )".'ON rFffiE ME,
STAE ç CALIFORNIAì.. @NlY cF (ERN J "*cill B:FOFE ME,
PER$NAIY ÂPPÊÆED: PERSßALLY APPr-aRfD:
wHo PRoVED I0 Mr 0N ldE BAS|S 0F 5ÁTTSFACTORy €UDENCE j0 BE ITE PERSoN(S) wH05E NAME(S) S/ÄRE SSCHSEo r0 ftE HËrN TNSfiUMEñT ANO AC(NOÌûCDC€D rc ME ÈÂT HEISHE/frEY EÆCUlfo fft ilMF tr HìS/Hffi/THER âUilmtzf"D CApÁOr(tES) aND 1HÀr BY HS/HaR¡1iEt8 S|CNAÌURÊ(S) m ftE |NSTRUMEßT IHE PERSoN(S). ffi ftE ENÍTY UPoN EEHALF 0F irHrCH l¡iE PERSoN(S) ACIED. EÆdJlED IHE TNSTRUMENT.] CERIF/ UNOER PENALft OF PERJURY UNDER ¡IIE LÀI'JS f BE STA]E OF CALIFCiNìA üAI ÏHE FtrECO]NG PÂRÁMÀPI] ìS 'IRUÉ ÀilD CORRECÎ ffiO PROìEO TO ME ON ÊE ÊÀSiS OF SÀISFÀCTORY EVID:NCE IO BE THE PIRSON{S) trH(Ñ NAME(S) IS/ÀRE SIB$RB€D IO TE WftIN ]NSIRUMINÌ ANO AHNO$LEDCÐ IOME frAT HE/SHE/Bf,Y FI:CUIED IHE SAVi lN HIS/TIR/NAR AUNffiIZFD CAPACI]Y(IES)AND ffAÍ BY HIS/HER/THER SICNA]!ÊE(S) ON ft: INS'IRUMEN'I THE PEFSß(S), OR ]HEENT} UPON BE}]ÂIf OF trHiCH ]HE PERSON(S) ÀCTED, EXECUIED fH€ INSTFUüENÎ.

I CTR'I]FY UNOEN PilALft OF PFRJURY UNDFR IHE LAWS OF TIE STÀIE OF CÁI]FORNIA ïHAI BT IffiÊ6NG PÆAGRAPH ]S TRUI AND CCRRECI.ïì'llNESS MY HAND AND OFFICAL SEAL. IIIINESS HY HAND AND OMdAL SEAL SIñATURE: coMMrsSr0N N0. _ MY CoMVISSTÒÌ{ EXPTRES: _ SENÀruRE:_ CoMUlS5o+l N0. _ NAME (PRINÐ) NSE (PRINTED) ilY CCMMISSION ETPIRES:A NOÏAfY PIJBLC OR OfHffi OTICEN COMPLÊTNG THIS CER'IìFCAIÊ VÊRINES ONLY NE ]MN]Y OF NÊ INDIUDUAL BO SreNEO ilE DOCUMENI TO WICH frIS CERTFAE IS AfrACHEO. AND Nfi THE TRUiHFUI.XESS. ÀCCURACI OR VÀLIDIIY OF THAT OOCUMTNT, A NOTARY P(]81]C OR OIHEfl OFRtrR COTPLENNC ftIS CERflFICAT VERIRÊS ONLY EE IOÍNNñ OF frE ]NTVIDUÀL UHO SIGSED +IE OTilMENT TO WCH T]IS CERMCAF ISA;TÀCHED, ÀÑD NCT ftE TnUftFULNESS, ACûJRACY, OR VALID]ft OF T}ìÁT OOCUHENI' 5TAË ffi CAÙFORNIÀ ls sTArE S CÁUIoRN|Aì €c COINIY G KERN couNtY o' KERN ) "'' m UFoRE !Ê, N ECñtr MÊPËRSONAÉY APPURÐ: PËRSÁLLY ÁPPÊARID:sHo pRow T0 ME il ïE BAss 0F sATtsAcfoRy EvoENcE To BE ftE pEFS0N(s)wHog NÀMEÍS) |S/ARE SUESCRBED rO ßE nfflN TNSBUMENT Äþ ÀC(NOWD6m Ì0 ilE ßAT HE/SHE/ftEY EEøED NE SAUE IN HIS/HER¡/IHEIR AUBORIZÐ CAPACIilIß)AND THAT By Hrs/iER/îHErR 9RATRE(S) oN fiE tNsmu!ft1 TNE prRsoN(s), ffi rHE FNrr lmN BEH^LF OF WHICH BE PERSoN(S) ACED, flEqED BE NSnUMntI €RIIry UNDffi PENALTY OF FÊR&FY UNER üE UN W ÊE STAE OF CAL¡fORNIABAT THE FORECOING PARÄffiAPH IS roE AND MRRÊCTWN€SS MY HÁND AND OMCIÂL SÂ1, g6¡^TURET_ ffiMISSION NO. _-_
NHo pRom To ME m HE EÅsrs 0F sAtsF croRy EVDilcE To BE nE pERsil(s)$OSE NAME(S) ¡s/ÆE SUBSCRKD ¡o PÊ üÊIN INSRUMENI AND ACKNoREDGEÐ To ME TAT HÊISHE/BEY EÆcIEO ïHE sAuE IN His/+Jffi¡HEIR AUTHmIZ:D cÆAcIñIEs) ArD lHAl sy Hrs^ffi/ÈErR slcNAruRà-(s) oN BE rNstruuftr fNE FEfficN{s), ffi ÊE ENTrty upN BEH^F oF wrcH THE ptRsoN(s) ^crÐ. il;cuED THE tNsRUMnr,I CERNFY UNDER PENALÌT 6 *RJIFY UNOER ftE IÁ9S f ÈE STA]E ff CALITORNIA fiA] THT ÊOREGOING PARAGRAPH IS ÎRIJT AND CORRECT.gm:ss MY H^NÐ AND oFtCrAL *Àl.S¡GNÄTUÊE:_ CNMISgON m. ____ M¡EIFRN*)- UY c0MU6¡lü! EXPIRES: - ñauÊ (pR NrEo) [iY CoMÍ|SS|oN EXPIRES: _ A NO]ARY PIBLIC ffi OÌHER OFCER CilPLEINE BI5 CERNFCÁE WRIflES ONLY Nt IENTTY OF TE INDIIIDUAL WO SIflED THE DCCUMEN¡ TO ß]CH ìHIS CERNNCAÌE ]S ÂNAHÐ, AND NOT ilE NUTFULNËSS, ACCURACY' OR VALIDIfr OF ßAI OOCUVENT. NOIARY PUBLIC ÔR frrs CERIFICA€ VERINES NLY fr[ TO Htct THIS CR¡FICAT ts 0r vÀLtotfr OF ftÀT OOCUUÊNIslAlÊ 0F cÀLtFoNta ì c. COUNTFKEPN J--' STATE G CÄLIFORNIA) .- couNÌ 0¡ kmr0N _
8Êr0RE ON ffiÊORE
PEßONAIY AtrilRÊDÌ PÊRSONÁLLY ÁPPEAR¿}{H0 PRoVÐ t0 ffi N BË SÅSS 0f SAITSFACÌORY ¿SOENCE l0 SË ÈÊ PÊFS0N(S)ïrHosÊ NAMÉ(S) rS/ARE SUBSCñAÊû I0 it-ìË HiltN |NSRUMENì" ÁN0 ÁCnûWjDCÊD TO Mt IHAI HEISHE/THEY EXECUÎÊû nÊ $UË tN H|3/HER/ÌHER AUIÌTOÊIZI¡ CÂp^CtIltES)ÁND ftnT 8y HÌS/HER/ÌHEIR S¡GNAÌURE(S) 0N THÊ |NSTÎUHENT IHE PERSoN(S), 0R rHg ENTñ UPON B:HAf OF WIë ÈE P€RSü(S) ACEO. ã:fl]ED BE INSTBUMENI,] C€F'TIFY UNOER FENALIY OF PERJURY UNOER ]HE LA¡ß OF 'IHE SIA'IE OF CÂLIFORNìA1HAT 'i}IE FOREGO NG PÄRÀGRAPH IS ßUE AND CORRÉCI. $NÊSS UY HANO AND OFHOAL SÊAL
g0 PRom ï0 MË & lHÊ ÊASrs 0Ê sÂTtsË^cïoRy ÊvÐENa€ to 8Ë lHt pËRs(s) #ost NArrE(s) rs/ARÊ susscRrsÉD l0 ßE wÌ]]¡N tNstRUMÊNT AñÐ ACKNOS-EDG:O lO ME lsAT HEr/Stt/lH:Y ÊXÊOIED THE SÀlE lN HIS/H€R/IHER
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RECORDEËS CERI'ìFICAE
SlilAÌURÊl
FI|ED TH|S_DAY OE_, 20_, ^]_ .M. IN BOOK
-
CF MAPS. AI PÅCE
-,
AT ßE REûUES'T
OF JEFREY Å. CUTERREZ.
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KERN couNr AssEaSoR-REaóÊ'ÈR ---jD-ruü - coMMrssroN No. _ MY COM$ISSION EXPIRËS - NÂME (PRINITD) ccilurssrù M. _ ilY CCMUSS¡S ÊPlREs: _ SHEET 2 OF 4 Atã|tE ^tu9Í] ã5t.07)
Æt.12'
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t t¡/4 cw{Ê gcildt s 28,/25mnø ícs cdte pü. taat(Ø æêMPERMWT.I *zÆ.ß [s8sufit 26il2] TRACT NIO. 73T8 6æ.8
þ60? ø25
ARßÐ
TAP 7-1
J
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SÀLES MAP OF LANDS OF
KERN CO{JNTY LÂND CÔ.
toT 7
SALÊS MÀP OF LANDS OF
KERN COUNIY tÀND CO.

Lo"r 6

SALES MAP OF TANOS OF
KERN COUNTY LÁND CO.

LOT 5
SÄLES MAP OF LANDS OF
KEFN COJNfY LANO CO. x B þa
d- twtv ítÀFt&
UAF €OOK 4J, PAGES 76.77.
! l- RE0oR0 DATA p€F gLiD ilAp No. 7-i. BooK ?, pac: 75 I I - ÊËÐffiÛ OÂIA P€Ê $LÊS MÆ CF LNDS OF KÊRÑ MUNry
IAND COTIPÁNY ELED FEBRUARY I1, ]9]3 ({ )) - ÊEcffiD DAT F€R TBAoT No. 62s, FTLED tN MÀp BooK 5s.PAôES 64-65. oR_ - oÊFtcrat REcotæ
K.C.9 - kÊRN COUNTY SRWY*
P.U.L - PUSIC UILITY ASËMÊNì
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d ,o'rr rofo&',^*'. n, ñ¡ KrRN couNTY LAND co.
1 I]ISIGNATED REi¡ÄIN]ER LOÌ A OF LOT UNE
ADJUSIUENT No. 2l*85, R5CoRDED DtcËn¡BÊR 29. 2021 PËR CÊRÎË'CÂÌE 0r.

CCMPUANCT ÀS DOC. No A221242522, O.R.
101 10

SALES MAP OF LANDS OF
KERN COUNTY LAND CO.
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KERN CNÑIY ASSF.SSOR.FT-CORffiR
wu59l sz%6t' (t@u'ss'* s29art1
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'ÍRACT N0. ô286
r\¡AP BK. 55, PC'S 64*65
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MAP 8K. 55. PC'S 66*67
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MÀP BK. 57, PC'S 25-27 SHEET 3 OF 4
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flLEO nrS_DAY OF_, ?O_, Al_ .M.IN gOOK
-
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AT'IIJÊ REOUEST*
OF JEFFREY A. CUTERRTZ,

JON UFQUIST
KERN COUNry ÄSSESSOR-RECORÐER
EÄSET¡ENT LEGEND/;\ AE SGPI OF BE ÞLBLIC AS TO AilY OORÌON OF fl€ LAND \:-/ LY'NG sH\ IFE ÂREA cOMvoNL* <!om ¡s TULARÉ AVENJÉ./;\ PIPN{E FÂSEilENT IN FAVffi Oç P5 LNIIED STAIES OF ÀUæICq v RECoRDÐ MARCH 2. '956 rN Bæ( z5Bo, oÀcE 5E6, o.R.¿1\ SLÀNKET EASEMÊN' TOR SAER WAYS VAINS, CANÁLS, DITÙES, \:./ AOUEDUCß, RoÐs AÀO HIGHf,AS ÞER sA-Es Mæ oF uNDs oF K8N COUNÌ LAND COIilPANY
/;\ EASÊPEI- N FAWR OF PÀCIFIC, GÀS- & LLECRC \Y-l 6go¡¡v REcffioED g/0./20t9, As DoCUMENT N0. 219093228, 0F otFlClÀL RECoR0S.

ITONUMENT NOÍES:
r FoJND 6" CoNC. MoN. ç/CÁP SÀRKED LS 7214 N Lq 0.28'SOLIH OÉ ORGNAL FOLqO VONUMENI. ÞER MENER RECORD 2E-25,9 tr 6286.

2. cù\D 6" CoNC. MON. q/CAP MARKFD tS ?71{ tN -H o.7a sfrfr ¡ìG 0.25' ESr Oc OR|G|\AL |OLÀD MONWENT ÞER coRNEq RFæRD 2F25-9-20 Tr 6286.J. É0rN0 6" c0Nc. MoN. w/c^p vARKto ß 7214 tN _.c 0,15'Sfl} OE OqG\AL ESTÁELISED POINI. PER CoRNER RECoRo 28-25-03 ft 5837-1 &'Ir 6738.

TRACT NO. 7318
PI{A,SE 1 co¡lssnNc 0F 4 sHÊEnì
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: February 15,2022
FROM: Gabriel A. Gonzalez,City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT TRACT 7318 PHASE 2 FINAL MAP

RECOMMENDATION
Council hnd the approval ofthe final map is ministerial and, therefore, not subject to the California Environmental Quality Act; and approve f,rnal map for Tract 7318Phase2.

BACKGROUND
Tract7318 Phase 2 is an 18-lot residential development located on the north side of W. Tulare Avenue, west of YeraCruz Way. Tract7318 is being developed by KC Builders Collaborative, LLC. The Tract is currently under construction. All improvements will be performed in accordance with the conditions of approval, city standards, and the approved plans for the development. No completed improvements have been accepted by City Council and will not be presented to the Council for acceptance until all are completed to the satisfaction of the City Engineer.

The developer has provided a performance bond equal to 100Yo of the engineer's estimate per Council authorization on February 1,2022. The developer has also provided a labor and materials bond equal to 50Vo of the engineer's estimate. This is in compliance with the City's Subdivision Ordinance (Municipal Code Title 16). The City of Shafter and the developer have signed an "Agreement for Completion of Public Improvements" that is on file with the City Engineer.

CONSENT CALENDAR l5
Tract 7318 Phase 2 Final Map

CEQA ANALYSIS
The approval of the final map is ministerial and, therefore, not subject to CEQA.

STAFF DOES NOT RECOMMEND THIS OPTION.

ATTACHMENTS
Vicinity Map
Tract 7318 Phase 2 Final Map
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2 TFìACT 7318
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E HEREEY STA]€ ftAT Æ ARE ffE OWNERS OF, ffi HAW SOME RIGHT, TTLE OR INERESÏ ]N ÁND IO IHE REÀL PROPERÍ INCLIOED WßIN frE SUBDIVSION SIOM UPON IHIS MAP, AND fHÁf üCEPT ÀS SHOTN ON THIS MÂP AND SÌATÊMÊNIS MÀDE APART HE8EOF, W€ ARE THE ONLY FERSONS ffiOSE CONSNI IS NECESSÀRY IO FASSCLEffi N]LE TO SÀIÐ PROPERIY, AND Æ CONSENI IO frE MAKING OF SAID MAP ANDSUBD]VSION AS SHOM W]HIN ]HE DISNC]IVE BORDER LINES ÀND NEREBY GFER FORDEDICATON TO frE PUBLIC A[ frE SN€Eß $OWN UPON SAID MAP WfrIN SÀID PIRSUANT TO ftI MOVSONS OF SECIÌON 66436 OF flE SUBD]VSION MAP ACT, STA]TMENECONSENTNG fO frE PREPARATON ÀND RECORDÂT]ON OF ÈIS MAP HAW EEEN OMIT]ED FOR +E FOLLOWNC ENTTES:N tE !ôruEE 9E !!IBE!I UN]ÍEO STAIES OF EASEMENT HOLDER PER BOOK 2609, PAGE 231. OF AMERCA OFFCAL RECORDS.

TRACT NO" 7318
PHASE
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Doqtã¡T taq W1212522 f SRO4 RECmS, il IHE CFICE ff IHE XEn qrilTy FEC0n0Ð; ¡tso m}.c t PCRIO{ 0F tHE ilfitHET qJ¡RtB SECIìO| 9, Ìm{clp 28 SC['ÌH, R ¡tc€ 25 EISI, IqJil¡ ülå10 8 SE & mnÄ{. lt ¡t{E oly 0F $t¡FtER, cûjr¡lY tr t#IN, sl^tE G c^l.Fmn 16 LOIS 5,26 cR06S ACRES
SURTEYOR'S STAIEI'E}IT
os¡ER's slatFr¡ilr
su9DtYsrm.M ALSO HERESY DEüCAE TO IHE PUilIC Atr ffE REAL FROPERñ LOCATEO WIH NfHE SNEETS RIGHT-OF_WAY AS SHON UPON IHE MAP, SAID PROPERÍ IO BE USFDFOR BOff EXIS]ìN6 ÂND FITURE STRE€I ÂND PUEL]C UTLTY PURPOSES, I ALSO HEREEY DEDICAE FOR PUELIC USE TASEUENIS FOR PUELIC IILNES. EOiHEXISÎNG AND FUTURE, UNDER, ON OR ÒW frOSE CERIÀN SRIPS OF LANDDESIGNAIID AS "PUBLIC UTII€S EASEMENT" (PUE) AS SHOM ON SAID MAP WfrINSA|D SUBDIVSIoN; SICH sIRIPS SNÀLL BE KÊFf oPEN ND FREE ÊRW BULDNGS ANDSTRUCTURES OF ANY KIND,ffi ALSO HEREEY DEOCAE Fffi PUELLC USE, EASÊMÉNIs FOR PEOESTRIAN FURPOSES,ON OR OER frOSE CERTAIN S]RPS OF LAND OESGNAÌED AS'PEDESRIAN EASEMENT(PE)". AS SHOM ON SAD MAP tr]N]N SAO SUEDIVSION. SUCH SÎRPS SHALL BE KEPTOPEN ANO MEE FROU BUD]NGS ANÐ SIRICTURIS OF ANY KND.ffi ÀLSO NEREEY WAIVE ALL RIGHE OF DIRECÍ ACCßS FROM LOIS 1 HROUGH 7 TOWESÎ IULARE AWNUE, ÄS SHOM ON SÀIO MAP WÈIN SAID SUEDIVSON.W ALSO HEREBY WALVE ALL RIGBß OF DIRÊCI ACCESS FROM LOTS 3 AND 4 TOWATIII{BARGER {AY, ÁS SHOh ON SAID MAP WfrlN SAD SUEDIVSON.

M ALSO HEREEY WAVE ALL R GH'IS OF DIRECT ACCESS FROM LOT 12 TO CAMPANELLAMRT, AS SNOW ON SÂ]D MAP WlH N SAID SUBDIVSION, OANIEL T. SHANYFELÍ. MANAGING MEMIBERKC BUILDERS COLLÀBORA]']VE, LLC, A CAL]FORNIA LIMIED LIABIL1TY COMPANY sANÐEEP BHANGU, MEMBERKC BU]LDERS COLLABORATW, LLC, A CALFORNA UVIED LIABILIIY COMPANY GRECORY KETH BALFANZ AND ÌAruM OAWN ÊALFANZ FAMLY TRUSI, DAEDJANUARY 26, 20'5, A5 EENEF,CIARY J\DER DEED OF NUs- RECOROEDMARCc '5, 2021, AS \SIRUVEIT ñO. 221047936. OT OF,CTAL REæRDS CREGORY KE]fr BALFANZ. MUSfEE
CREGORY KEITH BALÊANZ AND TAruM OAWN EALFANZ FAMILY IRUSI, DAEDJANUARY 26, 2015. AS 8ENÉNC]ARY UNDER DEED OF MUS] RECORDÊD MARCI 15, 2021. AS NSRUMENT NO, 22104.7936. OF OFFICAL RECORDS. frE PUELC IN CENERALFACIFC, GAS & ELECJACK FRY
BLANKEÏ IASEIüENI FOR WAER WAYS, MANS. CANALS,D]TCHES, AOUEDUCTS ROADS AND HIGHWAY PER SÀLESMÀP OF úNDS OF KERN COUNTY LAND COMPANYñLED EBRUARY 1]. 19]JRIGHTS OF BE PUBLC TO ANY PORNON OF LAND LYNG WHN fHE AREA COMMONLY KNOM AS TULARE AWNUE.EASEMENÍ HOLDER PER DOCUMENÎ NO. 2T909J228OF OFFCIAL RECORDS. 1/2 INTRESÍ MTNERAL RTCHTS OF LoT 12 pER 8K.6446,PG, 957, OF OFFCIAL RECORDS, THS MAP WAS PREPARED 8Y ME OR UNDER MY DIRECIÌM AND IS BASED UÞON A FIEIDslRVEY ]N CONFORUANCE WTH ffE REAUFEMENE OF IHE SUBDVSION MÆ ACT AND LOCAL MDNÁNCE ÄT ßE REQUEST OF KC BUILDERS COtrASORAIIVE. LLC, A CALIFffiNIAL]MIED LIABILil COMPANÍ DUR NC FEBRUARY 202]. I HEREBY STATE IHAI ALL frE MON!üENß ÂRE OF frE CHARACTER AND OCCIPY IHE FOSTÌMS NDCATED OR frAT NÊY üll BL sl I r\ _tsost Pos I oNs ilt t\ 0\t c) wLaR _Rov t!:t ÐÁt. of etcoRD¡t o\ or AIS VAÞ A\D Ê4. TTE vONLvE\ß ÂRE, OR w[ BE SLFTCENI Tc E\AB-E THE SJRVEYTO BT REIRACED. ÀND ffÂf frIS FINAL MAP $BSTANIÀLLY CONFORMS TO BECONDII]ONÀLLY APPROWO TÉNIÂIVE MAP.JEFFREY A, GUTIERREZ, L,S. 7595, EXP, 6 JO 22 NOllcf

KMN COUNTY LAND
YÂZMINA PALLARES
CIil CLERK, CLTY OF SHAFER
DAIE
gTY GIRK,S cfn.llFlcAlE
NIE CITY COUNCIL OI BE CIIY OF SHAFTÊR HEREBY ORDERS IHAI III MAP OF TRACI NO.7318_PNÀSE 2 IS APPROWD, }AT AII EASEMENTS ÀND ACCESS RICHE SHOM UPON IHIS MAP AND NEREON OffiRED FOR DEDICATON BE ÁNO BE SAME ARE HÊRËBY ACCEPTED FOR frE PURPOSE OR PURPO5ES Fffi MICH ilE SAMÊ AFE OFFERED, ÁND ffAI ffE STREETSSHOVN UPON frS MÁP AND HEREON OFFAED FOR DEDICANON BE AND THE SÂME AREFEREEY ACCIP]ID FOR PUÊLC USE SU8éCI TO CONSRUCIION OF ALL IMPROWMENTS BY frE SUEDIVIDER ANO ACCEPIANCE OF ALL IMPROVEMENß BY THE C'ì'/, T DRECTS HE CIÍRKOF THÌS COUNCIL TO ENDORSE UPON THE FACE æ fr5 MAP, BS ORDER ¡UfrENTCAID BY ßE SAL OF TIE C fr COUNCIL OF ilE C fr OF SHAFIER.I HERÊBY CERTFY THÂT THE FOREGO]NG ORDERS ÌERÊ APPROID BY IHE OTY COUNCIL OF ]HE CITY OF SHAFER, AI A MEEIINC HELD À PRELU]NARY SOILS REPORI DA]ED DICEMBER 14, 2016. IAS BEEN PREPARED 8Y KRA2AN & Âssoc]aïEs, Nc_ INDER stcNAtuRE 0F RYAN K. pRWll, R.C.E. 59t72 AND tS ON FLE N IHE OffiC€ OF frE CTY BUILD]ÑG trNOAL.

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DATE
DAT
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N'IFS
F rclR REAL PROPERTY S NEAR PROPÊRT USED FOR AGRICULruRAL OPERATONS. YOU üAYBE SUBJECT TO INCON!€N]€NGS OR DISCOMFOR]s AR S NG FROM SUH OPEFATONS ON ANY 24HOUR BÂS]S. SAD DISCOMFORTS MAY NCLUOE, 8UI NOT BE UMIÍED IO EQUIPMENT NOISES,ODORS ROM MANURE OR OÈ€R CtsEMICALS, ANO DUSI OR SMOKE. frE CIIY HAS DEERMINEDTHÀ1 ilE USE OF REÁL PROPÉRfr FOR AGRICULÍURAL OPERATIONS IS A LIGF PRIORTY ANDFAVORED USE IO ]NE CIIY AND KERN COINTY ÀND WLL NOI BE CONSIDERED A NUISANCE FORIHOSE INCONENIENCES Oß DSCOMFORIS ARISNG FROM AMICULIIFAL OPERAIONS, FROVDEDSUCil OMATMS ARE CONSISTENÎ WII ACCEPTED CUSTOM5, SIANDARDS AND LAffi.

HEREBY STÁTE frAT ÊE CIfr COUNCIL OF NE Cil OF SHAFTER APPROVED OR CONDINONALLY APPROWD IHE TENTATW NÀCI MAP ÀNO APPÌ. CABLE EXTENSONSTNEREOF AT frEIR MEEÎNG HED ON JULY 18, 2017.FE SUBOIVISON AS SHOM ON IHE FNAL MAP IS SUBSIANIALLY IHÊ SÄME AS TAPPEARED ON frE IENTAT]W MAP AND N ACCORDANCE Wfr ANY CONDÎONS APPROWDBY frE CIil CruNC L TRUSlÊE
IF DURNG CRÄDINC OR CONSIRUCTION. ANY PLUôCEO ABANÐONED. OR UNRECORDED OIL ANDGAS \[LLS ARE UNCOVERTD OR DAMAGED, frE DEPARtrENT OF CONSÉRVATONÆVS ON OFOIL, GAS, AND CEOTHERMAL RESOURCES (DOGGR) SHALL BE CONÍACED ÌO INSPECÍ ANDAPPROVE ANY REMEDATON R'OUIRED.

F ANY ABANDONID WAIER WELLS ARE LOCA1€D WTHN frE EWLOPMENT OR DISOWRED DURING EXCAVÁTION CR GFADING, ftT KERN æUNIY PIBLC HTALTH DEPARTMENI - ENVRONMENTAL HEALÎH SERVCES PROCRAM MIJST 8E æNTÀCftD TO OBÍAIN INIORMAÍIONFOR FROPER PERMITTINC AND DFSIRUCNON, I, KEVN L. NARM$, HEREBY 5IAÌE BAf HAE EXAMTNED THS MÂFi tAr HESUBDIVSION SHOM NEREON 15 SIBSTANTAIY ÊE SAME AS ]f APPEÁRED ON frE INTAïVE MAP 0R APPRoWD ALERAÎoNS IHEREOFT AND fr^T ALL 0F ffE REOUTRilENTSOF frE SUBO]VSION MAP ACf AND LOCAL ORDNÀNCES APPUCABLE AI IHE IME OF TIIEAPPROVED ]IATATVE MAP IAE BEEN COMPLED WB.

KEVN L. !ARMO\. R.C.E. 5¿E00, EXo. 12/3'/23 DAE CTY ENCNÊÉR, Ciñ OF SHAFIFR ctTY sÙRlElttds sr rFvFtrl
I, ROtrÂND VAN DE VALK. HEREEY STATE frAT I HAVE EXAüINED ftIS MAP AND IO ffEBEST OF MY KNOIEDGE ÀND BEIET ] AM SÂ¡SFIED THAI IHE MAP S ICINICALLYCORRECI STEW J. ESSELMAN

PLANNING DIRECTOR
OTY ENGINER.S SI IEUENT
ROLLAND VAN DE VÀLk. L.S. No. 7214CITY SURWYOR, CLTY OF SHAFIR RECONDER'S CERÎFICÂIE
CREGORY BALFANZ CONSTRUCTON. AS BENEFCIARY UNDER DEED OFRUST RECORDÊD MARCH 15, 2021, AS NSTRUMENÍ NO, 221047936,OF OFAqAL RECORDS.

GREGORY KEITH BAL|ANZ, OWER
RPM PROPERÎY INWSTMENTS, LLC, AS BENEFICIARY UNDER ÐEED OF ]BU!I_R-EC01D-ED \taRCH 5, 202" aS r\SlJvEN- NO. 22'O¿79S, OF OFFCIAL RECORDSROSS MARGBANKS, F LED BIS- DAY OF-, 2O-, AT- *.M, N BOOK
-
OF MAPS, AT PAGE , AT fHE REOIEST
OF JEFFREY A. GUTIERREZ.

JON LIFOUIST BY
KERNcouNñassEssffi-REcoRoeR ---IDEF¡-tf
SHEET 1 OF zß
1,5. 7595
tÞ. 6/30/22
¡eNÙARY 1¡.,
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A ilOTARY PUEUC OR OÍHER OÍRCER CÙPLEITG ÎNIS CEFTFICATE VERFES ONLY BE loENltry 0F nE tNotvtouAl ffio stcfltD ffE DoclMEtT T0 ffircH ftts cERnflCÁtE tSAfrACHED. Àil0 NOT ßE 1RUTHFULNE55, ÀCCWACY, OR VAUDIfr OF ]HA¡ DOCUMENI.

STAÌE 0F CAUmRNTa I << colNñ 0F KmN ) -- il
TRACT NO. 7318
PI{ASE ffi{sËItG 0F ,t silEErs 2 8Bñ6 À Dl\lSlO¡l 0F A Pfrll$¡ 0F PIRCIL ^ OF LOI U¡tE Àût STl6fT ilo. 2t-el pn CERIfìC^IE f CoI¡ÈI^XCE RECoRDÐ DECA¡Bm 29, 202l, ^S
D0û,IÊI{T ñc OUt212iZ2
0F ofnoAr REcmDq N î{Ê ofTtcE cF tHE KEnN CoUNfy RE00RDEq ¡¡.SO B€tNc A P0R10il 0F ¡HE r{CRltnESf OUARTER SECI0}I I, TO*,tSHtp 28 SOUÌH, RAI{CE 25 EASÍ, xflrNT D|ABLo S|SE t tlERlotlll, N mE OTy 0F gtáfln. coutfiY f Ktnt, sr^Ê G c^tfcRNtÀ t8 Lots 5.2ô Gnoss AGRES wHo PRovÐ t0 Mg 0N nE BÀsts oF sAlsFActoRy tvlDENct I0 BE lHE pERSil{S)WNOS NÀME(S) IS,/ARE SUBSCRIEEO TO f1lE W'IHIN INSNUHENT AND ACKNOWDGED TOME'IHAT HEISHEÆìEY EXEOJTED T}ìE SAMÊ IN HIS/HER/THEìR AU'ÍHORIZEÐ CAPAOTY(ES)AND fHÀI 8Y HIS/HEF/ÌHEIR 5ICNAIURE(S) ON THE INSRUMENT NE FERSON(s), OR ]ffi EñÎTY UPoN 6EBAf 0F WHTCH rHE PERSoN(S) ACTED, ExtClJ',tED nE lilSlRlMENtI CERÌry UNDER PENÁ1ft OF PERJURY UNDER ilE LAV]s OF IHE STAE OF CALIFORNIÀ .IHâT ftE FOREGONC PARAffi#B IS ]RU' AND CORREfr.W]NÉSS MY HÂND AND OFICIAL SE[. coMütstoN N0. _ üY CoMlltsstfr ExPlREs _ 8EFffi PERSONAIY APPEAM: SÞ{AIUËi _ NA¡'E (PRINED) BÊTffi ME,
PRSOñAtrY APPEÆDI

NAME (PRINTED)
SGNATURÊ:
rHo PRo!€D TO M€ ofi rHE BAstS 0F SAlSFÀCtoRy EV|DENCI T0 Be mË PERSON(S)trHOSE NÀME(S) IS/ÂRE SUBSRIBM IO BE H'IHIN NSNUMENT AND ACKNOIEDGED Tô ME HAT HEl$tE^ÌiEY EXECUTED tHE SÀME til H|S/HER/ÌHE|R AU'tllffitZED CAPACITY0ES) Ð' ¡HAf BY HI5/NER/ftEIR SIONÀruRE(S) OÑ ffE ìNSFUMENI frE FEMON(S), OR BE ENIft UPOI{ ÊEiIALF OF W1CI BÊ PERSON(S) AC[D, EXTCU'fED IHE ]NSMUMENI.I CERÎFY UNDTR PENALTI OF PERJURY UNDER IHE LATS OF THE SIAE OF CÁLIFORNIÀIHAT THE FORECOINC PAFAGRPH IS RUE AND CORRECT.

SI]NESS MY HAND AI{T OFRC AL SÄL
coMu stoN N0_ _ MY CotllrsgoN EXPIRES: _ STAE OF CAL|FoRNTA ì <c COUNñ oF KERN J "". ÊF.nÞF F _ FffiSONAILY APFEARED: N¡I¡E (PRINED) A NOIARY C€RNFIC^E WRIFIES ONLY INE IDTNNÎY OF TO M¡CH ÎHIS CER¡F]CAN IS A'I'IACHED. OR VÁTO TY OÊ IÈAT MTMENÌ.sTalË oF slrFcRNrÂ ì -- COUNIY OF KERN J ''' A NOTffiY PUEI,IC OR OHER OFICER ÇOMPLETilG BIS CERTFEÄTE VERIFIES ONLY IIE r0ÊN1ì1y 0F nE tNotvt0uAl wJo gote0 fi€ ooclMÉll T0 tûìtcN t¡ts ¿tRuFtcATE tsATTACHÊD, AND NOT TàE TRUTHFULNESS, ÄCCURÂCY, ffi VÀÚDTY OF ]HÀT DOCUUENT. sïÀE ôF C{tFORNta ì ç< COUN]Y OF KTRN J --'m
wfo PRovfD r0 Me 0N fte BÄsts cF sÁIstActoRy EVìDENCE I0 B€ fft PERSN(S) WNN NAME(S) IS,/ÀRE SUB$RBED TO fIIE WffIN INSNUMENT ÀND ACKNOWLEDGED TOMÊ tHAr H€lSHE¡Hty ËXËültED fte SAUE tN HIS/HER/THE1R AUüOR|ZÉD CApAdn(€S) ÀND IHAT By H|S/HER/TTEIR StcNAtUR(S) 0N tHE NSTRUMENT -HE PERSON(S), OC Ìf ENfII UPON BEJÀF OF WH,qJ lHE FMSON(S) ÂCTED, EXECUED BE INSALMENTI CEß]IFY U{offi PENÂLIY OF PMJURY UNOER THE Uffi OF THE STA'JE OÊ CIIFffiN ATHA'T ftF FOREEONC PARÁCÎAPF IS IRUË AND CORRECTWNESS MY HANO AND OFFICIAL SEAL, æMM|SSON NO. _ uY coMMtssto¡t EXHRES _ .--* BÊFORT PffiSONALLY APPEÄRED: SGNAruRE: wHo PROE0 T0 ME 0ôl filÉ EAS|S 0F SÂISTACToRY E9tDEñCe I0 Sû TfE pffiS0N(S) wHosE NilE(S) rslaRÉ SSSR|EED TO lìlE {tfrìN TNSTRUMENT ÀND aCKNo[mcEÐ tO $E nÀT HEISE/HEY EXECUED ffE SAMr ril HtS/H€R/lHflR ÀUTHOÊ|ZED CApAC[y(JrS) sD r-¡T EY t-itsAEÊ¡rTErR s G{AIURE(S) 0N ftE TNSnIJME{T -HE PERSON(S), Oe lHE ENTIY LPil SEIALF OF üHICH PE ÞERSON(S) ACED AEAID ffE INSÌUUfrI I CERI]FY UNO€R PENALIY F FERJURY UNDER 'THE LAM OF THE SfÂi: OF C&IFOM A IHAT TNE FORSGOING PARÂGRPI IS TRU€ ÀND CORRECI. fl.INESS MY HAND ÀNO OFNC]AL SEAI. coMMtstoN N0. _ MY Co[4H|SSoN EXPIRIST _ A ÑOTffiY PUBLIC OR OTHN OHCER COMPETTG ßIS CER'IìFICATE ERIFIES ONLY'IÈE loEN]]rY 0¡ aE tNotvtDUAL !r*10 st6ilE0 IHE oocuMEuT T0 rtllcH TH|S CERTF|CÀÏE tS ÁfrÁcHt¡, Â[D NOf frE nUilFUNESS, ÀCCmÁCY. 0R VAL¡D',Iy 0F BAI DoCUUENT.

STAE 0F C[rFoRNt^l c< CfrNfr OF KIÎN J *'01r
_
BtFmÊ
PTRSONÁIY APPEAMD:
wHo PRoVED T0 ME 0N IHE BÁSIS 0F SATSFACToRY EVDAnCE T0 BE IHE P8SoN{S)wl]osE NAME(S) |S/ARE SUBSTRTBED TO üE BlrHtN |NSTRUyENT AND ACKNOtrDCE0 TOME llraT H€lsHElftrEY €XÊöED iHE SÅilÊ tN H|S/HR/THE]R AUTHoR|2EÐ CÂpAClft(ES)AND TIAI 8Y HIS/HR/frEIR SICNAruRE(S) ON frE INSRUMENT ÈE PERSN(S), OR -HE ENIñ UPfr 8¿TALF f WHICH IHE PffiSON(S} ÂCIED, EXECLED ÊE IilSÎLMENTI CÊRIìFY UNDÊR PÊNÂLIY OF PEÊJURY UNÛTR fHE IAITS OF THÊ STATÊ OF CALIFORNIAftAT fiA FOREGONG PÁRAGRAPF 15 TRUÍ NO CORRECIWÍNESS MY IIAID AND OFFICIÀL SE&.

N^SE (PRINTED)
STAE OF CAUFMM^ I .^
COUflÊ OF KERN
6EÊGl i,€,
wHo PR0!€0 Ìo ME 0N IHE SASTS 0r SÀISFÀCToRY EV|DaNCE T0 B€ iH: PÊRSON(S) rHosÊ NAtE(s) ts/ARE suBscRtBED TO IIE WrHtN TNSTRUMENT ÀñD ACKNOTI_EDGED tO ME HAT HE/5iE/1TEY EXECUIEo tHE SAMÉ tN H|S/HER/THÊ|R ÂUilmtzm CÁpÀCttylÊs) ñD rHÁT 8Y H|S/HEÌ/ÍHEIR SlcNÀtlJRE(S) ON ftE NSmUMENI m PERSN(S), OR üE eNflfr uPil BEHALF 0F ffirCN THi PERSoN(S) ACED, UECUIID IFE NffiUMENII CEITFYTHAI IHE UIID(R PTNALÌY OI PËRJÙRY UNOÊR THE LAWS OF IHE SfÀìi Of CALIFORNIA FæEGOING PARAGRAPH ]S RE AND COFRECT.

PffiSONALLY APP[ÀRED:flfrESS MY HÄND AND OFFìCÀL SÊÀL
ñASI (PR|NTED)

RECORDETS CERIIFICATE
coüMlssroN N0. _ MY CoMMISSÍoN EXPIRES:- coMM ssrcN No. _ T'Y COMil¡SSIñ EXURES: - FTLED nt5_0ÁY 0r_, 20_, Al_ .M. IN BOOK - OF MAPS, AT PAGE -. AT BE REQUES] ÔT JÊFMIY A. CUIERRIZ. JoN LIFQUISI BY: (ERN cou\Ty ASsESsoR-EEcoRDÈÈ -lD-Epu=t- SHEET 2 OF 4 AltÊtuÊ 2Êsr9e]
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MAP 300K 4J, PAC{S 76*77.
[ ] - REC0FD DATÀ pER flLED MAp No. 7-1, BooK 7, pÀffi 75 | | - REû0RÐ 0A1A PER 9[S Ím Ðf: UNDS OF KEtñ COUNil LÁNO COMPANY ñLTO FMRUARY 11. 1913 (( ))- RtcoRD DATA pER lE^Cl N0.6286, RLÐ tN MÀp BOOK 55, PACES 64-65.

0.R. - oFFCtÀi- RECCRDS
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Þ.U.8. - PUSLIC UfilIiY TASËMËNT
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SALES MAP OF LÀNDS OF
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date:

FROM:

February 15,2022
Gabriel A. Gonzalez, City Manager
Prepared By: David Franz, Education Partnership Director

SUBJECT APPROVE THE COLLECTION DEVELOPMENT POLICY, FEES

POLICY, AND PRIVACY AND CONFIDENTIALITY POLICY FOR

THE CITY OF SHAFTER LIBRARY AND LEARNING CENTER

RECOMMENDATION
Council approve the Collection Development Policy, Fees Policy, and Privacy and Confidentiality Policy for the City of Shafter Library and Learning Center.

BACKGROUND
At the regularly scheduled City Council meeting on September 7,2021, Council adopted Resolution 2829 withdrawing from the Kern County Library System and creating a new municipal library. The City of Shafter Library and Learning Center opened to the public on January 19,2021.

These three policies relate to library operations. At the regularly scheduled City Council meeting on February 1,2022, Council discussed these policies and directed staff to put them on an agenda for Council approval.

ANALYSIS
These policies provide a framework for staff to make decisions that are transparent to the public, consistent with best practices, and ensure that the library is operating in accordance with Council direction. The proposed policies have been developed in consultation with Bakersfield College staff and Library Systems & Services drawing on their expertise and examples from other libraries.

ALTERNATIVES
Approve City of Shafter Library and Learning Center Collection Development Policy, Fees Policy, and Privacy and Confidentiality Policy. Recommended.

Not approve City of Shafter Library and Learning Center Collection Development Policy, Fees Policy, and Privacy and Confidentiality Policy. Give direction to staff on changes. Not Recommended.

ATTACHMENTS
Collection Development Policy
Fees Policy
Privacy and Confidentiality Policy

1. 2.

CONSENT CALENDAR I b
City of Shafter Library and Learning Center Collection l)evelopment Policy The Shafter Library and Learning Center (SLLC) serves the community of Shafter, California. The combination of classes for school-aged youth and access to resources for all ages in a central, accessible location, make it one of the most valuable public institutions in the City. In 202I, after the library was closed by Kern County and in response to an outpouring of community support for continuing library service, the City took over responsibility for the library from Kern County. In partnership with Bakersfield College, the City reopened the library on January 19,2022 and now provides services and resources designed to support literacy, education, and the reading interests of the public.

SLLC staff builds and maintains collections by anticipating and responding to the needs and expectations of the community. A collection development budget is set annually by the City. The allocation of collection development funds are based on factors including demand, cost of materials, publishing trends, changes in the marketplace and a strategic focus on the SLLC's mission, budget, and space.

Shafter is a community that values education both to support local industry and improve the lives of residents.

SLLC's focus on serving Shafter is best expressed through its mission statement, which reflects a commitment to education, community service, and engagement: "To nurtl¿re the seeds of discovery, learning, and connection, and help spread those roots qcross our community." Purpose and Goals of the Collection Development Policy
SLLC's Collection Development Policy provides guidance within budgetary and space limitations, to the selection and evaluation of materials which anticipate the needs of the citizens of Shafter. It directly relates the collection to the Library's mission and strategic objectives; defines the scope of the Library's collections; and provides a plan for the continuing development of its resources.

Goals

1. Govern the work of library staff and contracted company Library Systems and Services (LS&S) responsible for collection development and maintenance

2. Inform Library members, govemment ofhcials, prospective funders, other libraries, and the public-at-large about Shafter Library's collection development policies and practices

3. Guide the solicitation of grants, gifts, and endowments for purchase of Library resources.

The SLLC neither promotes nor discourages specific views or opinions. Materials selected seek to present a wide spectrum of views essential to an informed citizenry. Having diverse viewpoints in the collection does not constitute endorsement of any particular or expressed views. SLLC subscribes to the principles expressed in the following American Library Association documents:

1. Library Bill of Rights

2. The Freedom to Read
The SLLC's primary collection development goal is to support discovery, learning, and connection through books. Within this broad goal, the Li&ary seeks to meet the diversity of community needs within the constraints of its resources.

Progress toward this goal is measured by input from community members and staff as well as by annual circulation statistics drawn from SLLC's Integrated Library System (ILS).

As a single rural library, SLLC does not provide comprehensive or research-level collections of scholarly and specialized materials.

As a library that is part of the City's effort to enhance education, SLLC's collection will primarily focus on the needs of children, students, and families, including their need for materials in Spanish.

Responsibility for Collection Development
The responsibility for materials selection and collection development rests with SLLC management. These individuals delegate responsibility for materials selection and collection maintenance to staff employed by contracted company LS&S. Selection duties are delegated to staff that, because of their education, training, andlor experience, have the knowledge to select materials. Suggestions for materials from staff and members are encouraged and seriously considered in the selection process. The SLLC management have the authority to:
. Approve or disapprove selection recoÍìmendation from staff and public . Authority to make final decisions on the withdrawal of materials, replacement orders and any other additions or deletions
o Authority to review collections in the system, evaluate the contents, and revise this manual as needed
. Authority to initiate projects to withdraw materials as a result of collection evaluations . Authority to acquire materials in addition to those acquired by staff as the need arises Intellectual tr'reedom and Censorship
The City of Shafter Library subscribes to the positions articulated in the following statements concerning Library collections (appended to this document), which have been adopted by the American Library Association :
. The Library Bill of Rights
o Interpretations of the Library Bill of Rights
. Challenged Material
. Diversity in Collection Development
. Evaluating Library Collections
. Expurgation of Library Material
o The Freedom to Read
. The Freedom to View
Selection Criteria
Selection or rejection only rarely is based on a single criterion. Decisions are usually made because an item is thought to satisfr several criteria. Selection gives the highest priority to those materials most in demand by City of Shafter residents. The following criteria apply to both purchased and donated material:
. Popular demand
o Accurate, current, and impartial content, or content where the bias is clearly stated . Authority and reputation of author(s), creator(s), composer(s), director(s), or publisher(s) o Suitability for the intended audience
. Budget and space limitations
. Availability from vendor(s) andlor publishers
o Quality of production, including ease of use
o Relation to items already in the collection
. Local or regional interest or significance
. Availability of similar material in other libraries
Deaccessioning
The Library's intent is to maintain a collection used by City of Shafter residents. Items in the collection will be periodically examined for physical condition, accuracy of information, and frequency of use within the last five years. Damaged items that are still usable will be repaired or replaced, if possible. Obsolete or unneeded items will be eliminated. Statistical reports from the Library's ILS will be consulted while making decisions.

Except when in high demand, previous editions of works are discarded when a new edition is acquired. Books in disrepair are discarded if they can be speedily replaced. Every effort is made to replace worn copies of landmark works.

Receiving of Gifts/Donations
The Shafter Library and Learning Center encourages donations of funds and materials for the collections. The Library accepts donations with the understanding that:
o All donations are permanent and cannot be returned
. The Library generally cannot accept donations with specific stipulations . The Library reserves the right to integrate donations with other materials on the same subject(s)
. Items selected for the collections meet the policy and criteria described above . Unneeded items will be disposed of in whatever manner deemed appropriate by management (including but not limited to: little free library donations, Friends of the Library fundraisers, and donations to families)
. Acknowledgement of gifts may be provided, but the Library will not make appraisals of the value of donated items
Disposition of Gifts
Gift items will be integrated into the regular library collections in normal sequence, available to all library members, and otherwise handled as any other material belonging to the library.

The library will place a bookplate into books purchased with donated monies when appropriate; however, the library will not agree to form separate collections of either donated materials or materials purchased with donated money.

The Library retains unconditional ownership of an accepted gift. All donations are accepted only if the library supervisor and Learning Center director determine that they can be utilized by, or benefit the Library. Once conveyed to the Library, no gift will be returned to the donor.

The library reserves the right to decide the conditions of display, housing, and access to the materials.

All gifts may be utilized, sold or disposed of in the best interest of the Library. When gift items are withdrawn from the collection, the Library will not notifu the donor of the withdrawal. The Library will not automatically replace worn-out, damaged, or lost gift items.

The library is not obligated to keep donated materials for any length of time. The Library supervisor and Learning Center director reserve the right to make the final decision on the disposition of any gift.

All monetary donations will be conveyed and transferred to the Shafter Friends of the Library, who will deposit them in the organization's accounts and use them or invest them from that fund in accordance with the donor's wishes.

Requesting Materials
Members desiring the Library to purchase materials may submit a Request for Purchase. The Library attempts to purchase all Requests for Purchase that meet the Collection Development Policy and are available via our preferred vendors.
o
a
a
o
a
a
a
Public input is encouraged and appreciated, but all suggestions are subject to the Collection Development Policy. The Library provides multiple methods of public input through the following request guidelines:
. Requests should be titles published in the preceding 12 months, have a high usage potential or fill a series/subject gap
o Fall within the specified collection guidelines and criteria . Not already owned by the Library System
Request for Reconsideration of Selection Decisions
The SLLC supports Shafter residents' constitutionally protected right to free speech. If a complaint is received about an item or items in the collection, the member will be asked to record the complaint on the Request for Reconsideration form. Complaints will be considered seriously. The library supervisor will review the completed form and appoint a review committee. The Committee will review the item(s) and advise the library supervisor whether collection development policy and criteria were followed in selection and maintenance decisions. Whatever the decision, the member will receive a written response from the library supervisor within 30 business days of submitting the form.

Appendix
Policy statements concerning Library collections adopted by the American Library Association and endorsed by SLLC.

Library Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

1. Books and other Library resources should be provided for the interest, information, and enlightenment of all people of the community the Library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

5. A person's right to use a Library should not be denied or abridged because of origin, age, background, or views.

6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

Adopted June 18, 1948. Amended February 2, 1961, and January 23, 1980, inclusion of "age" reffirmed January 23, 1996, by the ALA Council.

An Interpretation of the Library Bill of Rights
The American Library Association declares as a matter of firm principle that it is the responsibility of every Library to have a clearly defined materials selection policy in written form that reflects the Library Bill of Rights, and that is approved by the appropriate governing authority.

Challenged materials that meet the criteria for selection in the materials selection policy of the Library should not be removed under any legal or extra-legal pressure. The Library Bill of Rights states in Article I that "Materials should not be excluded because of the origin, background, or views of those contributing to their creation," and in Article II, that "Materials should not be proscribed or removed because of partisan or doctrinal disapproval." Freedom of expression is protected by the Constitution ofthe United States, but constitutionally protected expression is often separated from unprotected expression only by a dim and uncertain line. The Constitution requires a procedure designed to focus searchingly on challenged expression before it can be suppressed.

An adversary hearing is a part of this procedure.

Therefore, any attempt, be it legal or extra-legal, to regulate or suppress materials in libraries must be closely scrutinized to the end that protected expression is not abridged.

Adopted June 25, 1971, by the ALA Council; amended July l, I98l; January 10, 1990.

Diversity in Collection Development:

An Interpretation of the Library Bill of Rights
Throughout history, the focus of censorship has fluctuated from generation to generation. Books and other materials have not been selected or have been removed from Library collections for many reasons, among which are prejudicial language and ideas, political content, economic theory, social philosophies, religious beliefs, sexual forms of expression, and other potentially controversial topics.

Some examples of censorship may include removing or not selecting materials because they are considered by some as racist or sexist; not purchasing conservative religious materials; not selecting materials about or by minorities because it is thought these groups or interests are not represented in a community; or not providing information on or materials from non-mainstream political entities. Librarians may seek to increase user awareness of materials on various social concerns by many means, including, but not limited to, issuing bibliographies and presenting exhibits and programs. Librarians have a professional responsibility to be inclusive, not exclusive, in collection development and in the provision of interlibrary loan. Access to all materials legally obtainable should be assured to the user, and policies should not unjustly exclude materials even if they are offensive to the librarian or the user. Collection development should reflect the philosophy inherent in Article II of the Library Bill of Rights: "Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval." A balanced collection reflects a diversity of materials, not an equality of numbers. Collection development responsibilities include selecting materials in the languages in common use in the community the Library serves. Collection development and the selection of materials should be done according to professional standards and established selection and review procedures.

There are many complex facets to any issue, and variations of context in which issues may be expressed, discussed, or interpreted. Librarians have a professional responsibility to be fair, just, and equitable and to give all Library users equal protection in guarding against violation of the Library patron's right to read, view, or listen to materials and resources protected by the First Amendment, no matter what the viewpoint of the author, creator, or selector. Librarians have an obligation to protect Library collections from removal of materials based on personal bias or prejudice, and to select and support the access to materials on all subjects that meet, as closely as possible, the needs, interests, and abilities of all persons in the community the Library serves. This includes materials that reflect political, economic, religious, social, minority, and sexual issues.

Intellectual freedom, the essence of equitable Library services, provides for free access to all expressions of ideas through which any and all sides of a question, cause, or movement may be explored. Toleration is meaningless without tolerance for what some may consider detestable.

Librarians cannot justly permit their own preferences to limit their degree of tolerance in collection development, because freedom is indivisible.

Adopted July 14, 1982, by the ALA Council; amended January 10, 1990 Evaluating Library Collections:

An Interpretation of the Library Bill of Rights
The continuous review of Library materials is necessary as a means of maintaining an active Library collection of current interest to users. In the process, materials may be added and physically deteriorated or obsolete materials may be replaced or removed in accordance with the collection maintenance policy of a given Library and the needs of the community it serves.

Continued evaluation is closely related to the goals and responsibilities of all libraries and is a valuable tool of collection development. This procedure is not to be used as a convenient means to remove materials presumed to be controversial or disapproved of by segments of the community. Such abuse of the evaluation function violates the principles of intellectual freedom and is in opposition to the Preamble and Articles I and II of the Library Bill of Rights, which state:

The American Library Association afhrms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

The American Library Association opposes such "silent censorship" and strongly urges that libraries adopt guidelines setting forth the positive purposes and principles of evaluation of materials in Library collections.

Adopted February 2, 1973, by the ALA Council; amendedJuly l, l98I Expurgation of Library Materials:

An Interpretation of the Library Bill of Rights
Expurgating Library materials is a violation of the Library Bill of Rights. Expurgation as defined by this interpretation includes any deletion, excision, alteration, editing, or obliteration of any part(s) of books or other Library resources by the Library, its agent, or its parent institution (if any). By such expurgation, the Library is in effect denying access to the complete work and the entire spectrum of ideas that the work intended to express. Such action stands in violation of Articles I, II, and III of the Library Bill of Rights, which state that "Materials should not be excluded because of the origin, background, or views of those contributing to their creation," that "Materials should not be proscribed or removed because of partisan or doctrinal disapproval," and that "Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. "
The act of expurgation has serious implications. It involves a determination that it is necessary to restrict access to the complete work. This is censorship. When a work is expurgated, under the assumption that certain portions of that work would be harmful to minors, the situation is no less serious.

Expurgation of any books or other Library resources imposes a restriction, without regard to the rights and desires of all Library users, by limiting access to ideas and information. (See also other Interpretations to the Library Bill of Rights, including Access to Electronic Information, Services, and Networks and Free Access to Libraries for Minors.)
Further, expurgation without written permission from the holder of the copyright on the material may violate the copyright provisions of the United States Code.

Adopted February 2, 1973, by the ALA Council; amendedJuly I, I98l; January 10, 1990.

The Freedom To Read Statement
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the comrption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read.

Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.

These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials.

Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference.

Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth. It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
'We believe that free communication is essential to the preservation of a free society and acreative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. 'We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.

The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.

We therefore affirm these propositions:

1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority. Creative thought is by definition new, and what is new is different. The bearer ofevery new thought is a rebel until that idea is refined and tested.

Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept that challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.

2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated. Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range ofideas than those thatmay be held by any single librarian or publisher or government or church.

It is wrong that what one can read should be confined to what another thinks proper.

3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affrliations of the author. No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free people can flourish that draws up lists of writers to whom it will not listen, whatever they may have to say.

4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression. To some, much of modern expression is shocking. But is not much of life itself shocking? V/e cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters values differ, and values cannot be legislated; nor can machinery be devised that will suit the demands of one group without limiting the freedom of others.

5. It is not in the public interest to force a reader to accept the prejudgment of a label characteÅzing any expression or its author as subversive or dangerous.

6. The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for others. It presupposes that individuals must be directed in making up their minds about the ideas they examine. But Americans do not need others to do their thinking for them.

7. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community atlarge; and by the government whenever it seeks to reduce or deny public access to public information. It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide withthose of another individual or group. In a free society individuals are free to determine for themselves what they wish to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. Further, democratic societies are more safe, free, and creative when the free flow of public information is not restricted by governmental prerogative or self-censorship.

It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affrrmative responsibility, they can demonstrate that the answer to a "bad" book is a good one; the answer to a "bad" idea is a good one.

The freedom to read is of little consequence when the reader cannot obtain matter fit for that reader's pulpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of the freedom to read requires of all publishers and librarians the utmost of their faculties, and deserves of all Americans the fullest of their support.

V/e state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enorrnous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. V/e do not state these propositions in the comfortable belief that what people read is unimportant. V/e believe rather that what people read is deeply importanq that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society.

Freedom itself is a dangerous way of life, but it is ours.

This statement was originally issued in May of 1953 by the Westchester Conference of the American Library Association and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute to become the Association of American Publishers. Adopted June 25, 1953, by the ALA Council and the AAP Freedom to Read Committee; amendedJanuary 28, 1972; January 16, I99I;July 12,2000; June 30,2004.

Libraries: An American Value
Libraries in America are cornerstones of the communities they serve. Free access to the books, ideas, materials, and information in America's libraries is imperative for education, employment, enj oyment, and selÊgovernment.

Libraries are a legacy to each generation, offering the heritage of the past and the promise of the future. To ensure that libraries flourish and have the freedom to promote and protect the public good in the 21st century, we believe certain principles must be guaranteed.

To that end, we affirm this contract with the people we serve:
. We defend the constitutional rights of all individuals, including children and teenagers, to use the library's materials and services;
. We value our nation's diversity and strive to reflect that diversity by providing a full spectrum of materials and services to the communities we serve; o 'We affirm the responsibility and the right of all parents and guardians to guide their own children's use of the library and its materials and services; . Vy'e connect people and ideas by helping each person select from and effectively use the library's materials;
. We protect each individual's privacy and confidentiality in the use of library materials and services;
o We protect the rights of individuals to express their opinions about library materials and services;
o We celebrate and preserve our democratic society by making available the widest possible range of viewpoints, opinions and ideas, so that all individuals have the opportunity to become lifelong learners - informed, literate, educated, and culturally enriched.

Change is constant, but these principles transcend change and endure in a dynamic technological, social, and political environment.

By embracing these principles, libraries in the United States can contribute to a future that values and protects freedom of speech in a world that celebrates both our similarities and our differences, respects individuals and their beliefs, and holds all persons truly equal and free.

Adopted February 3, 1999, by the Council of the American Library Association City of Shafter Library and Learning Center Fees Policy With this policy, the Shafter Library and Learning Center (SLLC) seeks to balance two important aims. First, we aim to protect the materials purchased by public funds and entrusted to our care by the public. Library members are expected to take reasonable care with these materials and return them in good condition. Second, we aim to make the library accessible for everyone in our community, particularly for our young members.

Late Materials
For books and materials that are over 30 days past due, the member's account will automatically incur the full replacement cost of the item. It is at the discretion of library staff to determine if special circumstances allow replacement fines to be waived if items are retumed after these designated periods. Once paid for, materials are the property of the member and replacement fees will not be refunded.

Customers with charges for items that have not been returned in the period listed in the previous paragraph will have their account blocked until related fees have been paid or have been satisfactorily worked out with SLLC management.

If an item is late due to being lost or damaged, members should notiff the City of Shafter Library of the items' status. Librarians will work with members to extend due dates (when possible and within reason) for missing items. Replacements may be accepted for lost or damaged items if:
o The library has been notified within a reasonable amount of time o The replacement is in "new" condition and matches the description of the item lost/damaged (i.e., hardcover, paperback, large print)
An email reminder will be sent 2 days prior to an item being due, and reminder emails will be sent 7, 14, and 2l days after the due dates. To ensure receipt of these emails, members should make sure we have an up-to-date email address attached to their account. Not receiving library emails does not negate the member's responsibility for returning library items.

Holds
'We
are confident that our members will strive to continue returning library materials in a timely manner. When items with holds have not been returned on time, library staff will attempt to contact members with the items checked out to ensure timely access to desired items.

Overdue Notices
City of Shafter Library and Learning Center Privacy & Confïdentiatity Policy The purpose of this policy is to be clear about what we can and cannot do with your information as a member of the Shafter Library and Learning Center (SLLC).

The SLLC does not share member records or information with outside organizations, including law enforcement agencies, except by order ofthe appropriate superior court or under the conditions of the USA Patriot Act.

The SLLC treats all member registration records and all circulation records as confidential in accordance with California State Law (Gov. Code g 6267.).

Although there are no federal laws guaranteeing library member privacy, the state of California has some of the nation's strongest protection for library member records and privacy. California Govemment Code sections 6250 through 6270 ensure "the right of individuals to privacy . . ." (Gov. Code, $ 6250 et. seq.). This section is considered the "California Public Records Act." Sections 6254 0 and6267 (a), (b), and (c) refer specifically to registration and circulation records.

Registration records are the member library card records, and circulation records are the items checked out on member library cards.

In accordance with California State Law the Library does not disclose circulation or registration records to anyone other than the individual to whom the records pertain, except under the code's stated conditions. (Gov. Code, ç 6267.).It is the responsibility of all library employees to keep your library record confidential and to protect your record from unauthorized access. To accomplish this we must veri$' your identity with your library card, a valid picture ID, or other verification before any information (verbal or paper) can be given out. "The SLLC requires a parent or legal guardian to authorize a child 12 years old and under to obtain a library card by signing the child's library card application. Students of any age can choose to receive a student card, which allows fewer items to be checked out at atime." The SLLC will disclose that child's current circulation records upon request from the child's parent or legal guardian who 1) originally authorized the child to obtain a library card or, 2) presents the child's card at the time of the request, or 3) is accompanied by the child to whom the circulation records pertain.

For children age 13 or over, the Library cannot disclose a child's circulation records without the child's authorization. The parent or guardian of a child age 13 may access the account online with possession of the library card barcode number and the pin number, which constitutes implied consent; such access will allow for a parent or guardian to pay fines/fees online, renew items for the child, or reserve items on behalf of the account holder. For other questions or concerns that relate to privacy and confidentiality of library records, please speak to a library staff member.

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Shafter City CouncilFebruary 15, 2022

Shafter City Council
February 15, 2022