Shafter City Council
April 5, 2022

EXHIBIT'TA"
Legal Description
All Land in Tract No . 6490 in the County of Kern, which is generally located North of Los Angeles Avenue, South of East Ash Avenue and East of Mannel Avenue in the City of Shafter, County of Kern.

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City of Shafter

SFIAFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Scott Wiggins, IT Manager -Network/Security SUBJECT: RATIFICATION OF AN AGREEMENT WITH RICHLAND SCHOOL

DISTRICT FOR THE LEASE OF CITY-OWNED DARK FIBER CIRCUITS

RECOMMENDATION
Council ratifu a purchase agreement with Richland School District in the amount of $20,112 annually for three to eight years including five 1-year renewal options for the lease of City-Owned Dark Fiber Circuits.

BACKGROUND
Since 2011, Richland School District has been successfully operating high-speed network connections from Redwood Elementary School to Sequoia Elementary School and from Redwood Elementary School to Golden Oak Elementary School campuses utilizing the City's fiber optic network with the assistance of the Federal E-Rate funding program.

The current E-Rate 5-year agreement with the Richland School District will be ending on June 30, 2022. The City participated in the 2022B-Ptate competitive bidding process and has been selected by the district to continue provisioning dark fiber services. A new agreement has been approved by both parties that will extend services for three years and allow for five l-year extensions to a total of up to eight years which is to be contingent upon annual approval of E-Rate funding.

FISCAL IMPACT
Ratifring the agreement will produce revenues of $20,1 l2 annually into the Telecommunications Enterprise fund for the next 3-8 years. Except for the possibility of emergency dark fiber repairs throughout the term of this agreement, and because these dark fiber circuits are already in use, no expenses are anticipated to the city.

CEQA ANALYSIS
The proposed action is not subject to the California Environmental Quality Act (CEQA). No physical change to the environment is proposed.

ATTACHMENT

1. Purchase Agreement for E-Rate Customers 2022-2023
CONSENT CALENDAR ]L
DocuSign Envelope lD: 2368D73E-F AM-42F0-97 4A-84A778569328

CITY OF

SFIAFTER
336 Pacific Avenue, Shafter, California, 93263
Purchase Agreement for E-Rate Customers 2022-2023
Funding Year 2022
Contract # ERATE 2022-1
Spin # 143034924
This Purchase Agreement for E-Rate Customers (this "Agreement") dated as of the date executed on March 10, 2022 (Ihe "Effective Date") is by and between City of Shafter" a Califomia Municipal Corporation. ("Seller"), with offices at 336 Pacific Ave. Shafter" CA 93263 and Richland School District. ("Customer") a non-profit school eligible for Universal Service funding, with offices at 331 North Shafter Avenue" Shafter. California 93263.

Definitions:

As used in the Agreement, the following terms shall have the meanings set forth below o'E-Rate"
- The Education Rate funding provided by the 1996 Telecommunications Act designed to provide 20-90 percent discounts to schools and libraries for eligible products and services. 'oE-Rate Eligible Products" or ooProducts"
- servers, hubs, switches, firewall, operating software, installation, and maintenance eligible for E-Rate discounts in accordance with the rules adopted by the Federal Communications Commission.
"E-Rate Customer" or "Customer" - the non-profit school or library eligible for Universal Service funding applying for an E-Rate discount on E-Rate Eligible products that executes this Agreement. "Program" - The Schools and Libraries Program of the Universal Service Fund, commonly known as o'E-Rate," is
administered by the Universal Service Administrative Company (USAC) under the direction of the Federal Communications Commission (FCC), and provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access. "SLD" - Schools and Libraries Division, a non-for-profit organization, established by the Federal Communications Commission to administer the Universal Service Program for schools and libraries.

1. PURCHASE AUTHORIZATIONS
A. E-Rate Status
Customer represents and warrants that it qualifies to be eligible to receive E-Rate discounts. CUSTOMER

FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT WHEN EXECUTED V/ILL CONSTITUTE A CONTRACT AS REQUIRED BY SLD.

B. E-Rate Purchases
Customer represents and warrants that all purchases under this Agreement will be for its own use and are eligible for E-Rate discounts as specified by SLD guidelines. IN ACCORDANCE WITH FCC

REQUIREMENTS, THE CUSTOMER WILL SUBMIT A COMPLETED AND SIGNED FCC FORM 486 TO SLD. This form must be approved by SLD prior to the order placement. The Form 486 informs SLD when the Customer and/or the eligible entities that it represents is receiving, is scheduled to receive, City Manager
(661) 746-5000
Fax (661) 746-0607
Finance
(661) 746-5001
Fax (661) 746-1002
Human Resources
(661) 746-5003
Fax (661) 746-2645
Planning/Building/Engineering
(661) 746-5002
Fax (661) 746-9125
DocuSign Envelope lD: 2368D73E-F AM-42F0-97 4A-84A778569328 or has received service in the relevant Funding Year from the service provider(s). Receipt by SLD of a properly completed Form 486 triggers the process for the SLD to receive invoice.

2. PRICE, SERVICE LEVEL AGREEMENTO AND PAYMENT TERMS
A. Price and Service Level Agreement
Price and Service Level Agreement terms shall be as stated in the quotation attached hereto as Exhibit A by Seller. Prices are exclusive of federal, state, local, or other taxes, which shall be the responsibility of the Customer. Any taxes will be listed separately on the invoice. Seller guarantees all prices as quoted for the duration of the Agreement.

B. Payment Terms
Seller will invoice Customer for their portion of the Products upon shipment of Product and Customer shall pay the invoiced amount within thirty (30) days from the date of receipt of product(s) for their intended purpose and use. All payments shall be submitted to the address presented below:

C. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CUSTOMER IS RESPONSIBLE FOR PAYMENT OF lOO% THE PRICE OF PRODUCTS IN THE CASE WHERE SLD

DISALLOWS CUSTOMER'S REQUEST FOR DISCOLINT AND REFUSES PAYMENT TO SELLER OF THE DISCOUNT AMOLINT FOR PRODUCTS. SELLER AGREES TO NOT SHIP OR DELIVER ANY PRODUCT UNTIL SPECIFICALLY ORDERED BY CUSTOMER. CUSTOMER V/ILL PROVIDE A "SCHOOL DISTRICT" PURCHASE ORDER TO SELLER PRIOR TO DELIVERY OF PRODUCT(S).

3. NON-ASSIGNABILITY AGREEMENT
Customer shall not assign or otherwise transfer its rights or delegate its obligations under this Agreement without Seller's prior written consent. Any attempted assignment, transfer or delegation without such consent shall be void.
4, TERM OF AGREEMENT
A. Multiyear Agreement - Initial Service Term
This Agreement takes effect on the Effective Date. However, the parties agree that no billing and/or service may begin underthis Agreement until July 1,2022. The initial three (3) year service term of this Agreement shall commence on July 1, 2022 and end on June 30, 2025 ("lnitial Service Term"). Notwithstanding the foregoing, billing and service may not extend past June 30,2023 except in compliance with the E-Rate Program.

B. Service Term Extensions
This Agreement may be extended beyond the Initial Service Term, one year at a time, for up to five years total, through E-Rate fiscal year(s) which start on July 1, 2025 and continue through to June 30, 2030 (each a "One-Year Service Extension Term"). Customer may request One-Year Service Extension(s) by written notice to Seller. Seller shall provide its acceptance of any One-Year Service Extension request by written notice to Customer. The total length of the Agreement if all One-Year Service Extensions are exercised shall not exceed eight (8) years.

C. Early Termination
Notwithstanding the foregoing, either party may terminate this Agreement at any time for breach by the other parfy effective upon thirty (30) days prior written notice to the breaching party, unless the breaching party cures such breach within such thirty (30) day notice period. In addition, the Customer may immediately terminate this Agreement upon written notice to Seller in the event that funds are not appropriated to Customer under this Program ("Termination Notice"). If the Customer terminates this Agreement due to non-appropriation of funds, then Seller may immediately cease performance. However, 2 DocuSign Envelope lD: 2368D73E-F AM-42FO-97 4A-84A778569328 the Customer shall still be liable for any Products that Seller has completed or shipped and support for which Customer has subscribed andlor purchased prior to Seller's receipt of the Termination Notice.

5. NOTICES
All notices and other communications required or permitted underthis Agreement shall be in writing signed by an authorized representative and delivered in person or sent by U.S. mail, electronic mail, Federal Express, or equivalent carrier at the following address:

If to Seller: If to Customer:

City of Shafter Richland School District
336 Pacific Ave 331 N. Shafter Ave
Shafter, CA 93263 Shafter, CA 93263
Email: [email protected] Email: [email protected] Phone: 661-746-5000 Phone 6617468607

GENERAL
If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Seller and Customer, and supersedes and replaces any and all previous and contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. No provision of this Agreement may be waived or modified except by an amendment signed by an authorized representative of each party.

8. GOVERNING LAW
This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws rules. Any litigation will be brought exclusively in Kern County, Californi4 and Seller consents to the jurisdiction of the federal and state courts located therein, submits to the jurisdiction thereof and waives the right to change venue. Seller further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

Under penalty of perjury I certify that I am a duly authorized agent/representative of the company providing products or services.
3/L0/2022
Lraïe:

Company Name: Ci of Shafter

6. 7

RICHLAND SCHOOL DISTRICT
3/Lt/2022
Date:

Tax ID #: 956000795
Printed Name: Gabriel Gonzalez
Title: Director of technology
by:

Signature:

Title: C]ty Manager
a
J
Accepted by:

DocuSign Envelope lD: 2368D73E-F AM-42FO-97 4A-844778569328 Exhibit A
Description of Services and Service Level Agreement to be Provided by Seller Seller will provide two (2) dark fiber communications connections to Customer according to the following parameters:

1.0 Fiber Optic Cable

1.1 Fiber material shall be industry standard single-mode cable (Coming, OFS or equivalent) capable of net transmission speeds of 10 Gbps with the ability to support 50 Gbps bandwidth on a single pair of fiber strands using currently available optics.

1.2 Seller will deliver at least two pairs (one primary pair, one spare pair) of fiber at each end of each circuit provided.

1.3 Individual fibers will be terminated with standard connectors specified by Customer and tested with results presented to Customer for approval.

1.4 Seller fiber installation practices call for fiber optic cable in conduit

1.5 No implementation plan is required as both Circuit 1 and Circuit 2 are currently in use by Customer.

2.0 Service Level, Support and Maintenance:

2.1 Availability: Seller will deliver the circuit on aoobest efforts" basis. Seller will provide Customer with all appropriate methods ofcontact for business hours and emergency after-hours requests for service.

Customer is responsible to confrrm that requests for service have been received by Seller.

2.2 Support: Seller will initially respond to Customer requests for service of the Circuits within 4 hours of confirmed requests during normal (8:00am to 5:00pm, Monday through Friday), non-holiday Seller business hours. Outside normal business hours and during holidays the initial response time will be 12 hours.

2.3 Correction: Upon confirmed notification of a problem with the Circuits, Seller will diligently work to correct the problem and restore full availability of the Circuits. For outages lasting more than one (1) full business day but less than three (3) full business days will result in a frfty percent (50%) reduction in the monthly fees for the month in which the outage began for that circuit. Outages lasting three (3) or more full business days will result in a one hundred percent (100%) reduction in the monthly fees for the month in which the outage began for that circuit.

3.0 E-Rate Eligible Products

3.1 Circuit 1 - Detailed Fees

3. 1 . I Circuit 1 consists of a single mode (2-fiber) circuit and spare pair traversing approximately 10,500 fiber-feet or 1.989 fiber miles. The point-to-point circuit runs from the Redwood Elementary School library server room at 331 North Shafter Ave, Shafter, California 93263 fo the Sequoia Elementary School server room at 500 East Fresno Ave, Shafter, Califomia 93263. Four fìbers (primary and spare pairs) are reserved by Seller for this circuit.

3.1.2 Connection Fees: None. No connection fee is necessary as the fiber and terminations are existing.

3.1.3 Monthly Recurring Fees:

Total monthly recurring fee for Initial Service Term: $ 1301.00 4 DocuSign Envelope lD: 2368D73E-F AA2.-42F0-97 4A-84A778569328

3.2 Circuit 2 - Detailed Fees

3.2.1 Circuit 2 consists of a single mode (2-fiber) circuit and spare pair traversing approximately 2300 fiber-feet or 0.436 fiber miles. The point-to-point circuit runs from the Redwood Elementary School library server room at 331 North Shafter Ave, Shafter, California 93263 to the Golden Oak Elementary School server room at 195 South Wall Street, Shafter, California 93263. Four fibers (primary and spare pairs) are reserved by Seller for this circuit.

3.2.2 Connection Fees: None. No connection fee is necessary as the fiber and terminations are existing.
3,2,3 Monthly Recurring Fees:

Total monthly recurring fee for Initial Service Term: $ 375.00

3.3 Monthly Recurring Fees for One-Year Service Extension Terms (Years Four, Five, Six, Seven and Eight). The Monthly Recurring Fees listed above in Sections 3.1.3 and 3.2.3 will remain the same for each One-Year Service Extension Term requested by Customer and accepted by Seller.

3.4 Service Growth: The pricing and service level agreement in this Agreement are based on the provision of dark fiber circuits. Customer may change the type/speeds/bandwidths provisioned on the dark fiber circuits at any time in its sole discretion without any change to pricing during the Initial Service Term of this Agreement and the One-Year Service Extension Term(s), if any. 5 AlL " ",=l
City of Shafter
ST{AFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Kevin Harmon, City Engineer
SUBJECT: 2022 SANTA FE WAY SHOULDER IMPROVEMENTS PROJECT FOR

FORMAL BIDDING

RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; and authorize the release for bidding pu{poses the 2022 Santa Fe Way Shoulder Improvement Project.

BACKGROUND
Staff prepared construction plans to construct paved shoulders on both sides of Santa Fe Way for the 4.5-mile stretch between Los Angeles Avenue and Galpin Street. Specifically, the project would reconstruct existing dirt shoulders with paved shoulders. In addition, there is a 3/+ mile portion of Santa Fe Way south of Riverside Street that is within the jurisdiction of the County of Kern. The County Roads Department supports this project and has provided a no-cost encroachment permit for work within its jurisdiction.

The current pre-bid construction estimate is $1.4 million, including a l\Yo contingency. This amount warrants that the project is authorized for formal bidding by the Council. Bid results will be brought before the Council at a future meeting for discussion and action.

FISCAL IMPACT
The Federal Transportation Improvement Program (FTIP) has allocated approximately $1.3 million for this project. These funds will be issued to the City through reimbursement at a rate of

88.53%. Fully utilizing the FTIP funds requires that the project costs reach or exceed approximately $1.5 million. Sources of local matching funds are typically Gas Tax or Transportation Development Act proceeds. Bid results will determine if adequate funding is available. No budget action is required at this time.

CEQA ANALYSIS
The recommended action is exempt from the California Environmental Quality Act (CEQA). The requested action is only to release a project for bid pu{poses.

CONSENT CALENDAR I 3
2022 Santa Fe Way Shoulder Improvements Project for Formal Bidding

ALTERNATIVES
The Federal Transportation Improvement Program (FTIP) funds available to the City are programmed specifically for the area identified on the construction plans. Further, failure to bid and construct the project would likely result in a forfeiture of the FTIP funds. Therefore, alternative action is not recommended.

ATTACHMENTS
Project Vicinity Map
Bid Set of Construction Plans
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PLANS FOR THE CONSTRUCTION OF
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FTIP INFO: Cl\41 5281 (031)
LISTOF
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GENERAL NOTES:1. ftESE PUNS ARE TO BE USEO IN CONJUNCÌON WTH THE CORRESPOÑDING CIry OF SilFTER SPECIFICATIONSATIHE DAIE OF BID.

2. IT IS THE INTÊNTION THAT THE PHNS, SPECIFICAÍIONS.

AND AIDOING ÐOCUMENTS COINCIDEANOAGREE IN ALLPARTICUBRS, IFANY MANER OR THING 8E SHOM INONE AND NOT IN IHE OTHER IT SHALL AE OF THE SAMEFORCE AND AFFECTAS ¡F INCORPORATED lN BOTH; AND ALLTHINGS MUSI BE DONE AY NE CONTRACTOR WICHMAY BE SHOM ¡N EITHER. 3. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLEAND COi/lPLETE RESPONSISILITY FOR JOB SITECONDIfIONS DURING fHE COURSE OF CONSÍRUCIION OFTH¡S PROJECT, INCLUDING-THE SAFEil OFALL PERSOÑS AND PROPERW; THATTHIS REQUIREMENT SHALL APPLY

CONTINUOUSLY AND NOT BE LIMIIED TO NORMAL
MRKING HOURS; ÎHATTHE CONTRACIOR SHALLDEFEND, INDEMMry, AND HOLD THE OUÂIER, ENGINEER,AND THE CIW OF SHANER HARMLESS FROM ANY ANDALL LIABILITY, REAL OR ALLEGED, IN COÑNECTIONWIHTHE PÊRFORMANCE OF rcRK ON THIS PROJECT,UCEPTING fHE LIABILIil ARISING FROM THE SOLENE6LIGENCE OF THE OMER/ENGINEER/CIW OFSMFTER.

4. ALL EXISTING PUBLIC & PRIVATE IMPROVEMENÍS AND
UTILI']-IES, {STREET, PAVING, CUR8. GUT'TER. SIDEWALK,
CROSS GUNER, FENCING, IRRIüTION STRUCTURÊS,CANALS, PRIVATE ROADS, PIPELINES, SWALES, EIC.)THATARE RÊMOVED, DAMAGED OR UNDERCUT SHALL SEREPAIREO OR REPUCED AS DIRECED BY THE CIflENGINEÊR. ALL EXISTING PAVINGAÑD SURFACINGREMOVED, DAMAGED OR UNDERCUT SHALL BE REPUCED IN ACCORDANCE PER THE CITY ENGINEER. IRRIüTIONSTRUCIURES SHALL AE REIURNED IO A FULLYOPERATIONAL CONDIIION AY THE END OFTHE DAY FORACH DAY OFWORK, 5, PRIOR TO THE START OF ANY PHASE OF CONSTRUCTION
THE CIW OF SHANER SHALL BE GIVEN 24 HOURS NOTICE
(PHONE: (661)746-5002). 24 HOUR NOTICE REOUIRED FOR
IESTNGAND INSPÊCTON6. ßE UTILIil LOCATIONS SHOM ON THE PüNS ARE APPROXIMATE ANO FOR INFORMATION PURPOSES ONLY.UNDERGROUND SERVCE ALERT (USA) SHALL BE NOTIFIEDAI LAST2WORKING DAYS BEFORE CONSTRUCTION IÑANY GIVEN AREA. IELEPHONE (800) 642-244.

7. UNDERGROUND FACILITIES KNOM TO SIST ARE SHOM
ON THE PLANS EASED ON AVAILABLE RECORDS. THECONTRACTOR SHALL BE RESPONSIBLE FÕR vERlFlcATtoN, LOCAT|ON, PROTECT|ON, AND REPAIR (tFDAMAGED DURING CONSTRUCTIONJ OF SAID FACILITIES.SHOULD UNDERGROUND FACILITIES BE ENCOUNTEREO

WICH ARE NOT SHOM ON THE PUNS OR DEVIATE
FROM THE LOCAÍION SHOM, THE CONTRACTOR SHALLPROMPTLY NOïry THE OMER OF IHAT FACILIñ (IFAPPROPRIATÊ) AND THE ENGINÊÊR FOR POSSIBLE

DESIGN CHANGES,

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ST{AFTER COUNCIL AGENDA REPORT
MeetingDate: AprÌl5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Kevin Harmon, City Engineer
SI]BJECT: 2022 ZEP.KER ROAD RECONSTRUCTION PROJECT FOR FORMAL

BIDDING

RECOMMENDATION
Council find the requested action is not subject to the California Environmental Quality Act; and authorize the release for bidding purposes of the 2022 Zerker Road Reconstruction Project for formal bid purposes.

BACKGROUND
Staff prepared construction plans to reconstruct a portion of Zerker Road between Seventh Standard Road and Lerdo Highway. This project would continue from where previous reconstruction work was completed in 2020, immediately north of the Friant Kern Canal. Staff estimates this new reconstruction project can extend an additional 3,500 feet with available funding. The specific scope of work includes demolishing the existing surfacing and replacing it with a more substantial section of asphalt concrete pavement. Paved shoulders with rumble strips would also be included.

This project represents one phase of a multi-phase reconstruction project for Zerker Road. The current pre-bid construction estimate is $725,000, which warrants that the project is authorized for formal bidding by the Council. Bid results will be brought before the Council at a future meeting for discussion and action.

FISCAL IMPACT
The Federal Transportation Improvement Program (FTIP) has allocated $775,000 for this project.

These funds will be issued to the City through reimbursement atarate of 88.53%. Fully utilizing the FTIP funds requires that the project costs reach or exceed approximately $875,000. Sources of local matching funds are typically Gas Tax or Transportation Development Act proceeds. Bid results will determine if adequate funding is available. No budget action is required at this time.

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 governments that does not result in direct or indirect physical changes to the environment.

CONSENT CALENDAR lrl
2022 Zerker Road Reconstruction Project for Formal Bidding

ALTERNATIVES
The FTIP funds available to the City are programmed specifically for the area identified on the construction plans. Further, failure to bid and construct the project would likely result in a forfeiture of the FTIP funds. Therefore, alternative action is not recommended.

ATTACHMENTS
Project Vicinity Map
Bid Set of Construction Plans
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public V/orks Director
SUBJECT: EASEMENT AGREEMENT WITH TARGET CORPORATION FOR

PUBLIC LANDSCAPING IMPROVEMENTS AT SEVENTH STANDARD
ROAD

RECOMMENDATION
Council find the requested action is not subject to the California Environmental Quality Act; accept a dedication of an easement for public landscaping; approve a Landscape Easement Agreement with the Target Corporation; authorize the City Manager to execute said agreement; and authorize staff to record said agreement.

BACKGROUND
In 2018, the City accepted a grant of a sewer easement from Target Corporation (Target), which enabled the City to extend its sewer collection system as far east as Gossamer Grove. However, they agreed to have the City convert a landscaping strip of grass along Seventh Standard Road to a drought-tolerant alternative rather than accepting payment for the easement.

The arrangement negotiated by Target and City staff consists of Target granting the City an easement to construct, operate, and maintain the new landscaping. There is currently $100,000 in funding through the City's Capital Improvement Program (CIP) to construct the landscaping improvements. In addition, an existing landscape and lighting district can fund ongoing operations and maintenance for the upgrades.

Target officials have reviewed a Landscape Easement Agreement prepared by the City Attomey and will execute it upon Council approval. Once fully-executed, the agreement should be recorded for public records.

FISCAL IMPACT
Costs to prepare and Landscape Easement Agreement can be covered with existing CIP or operational accounts. Fiscal impacts for the construction and maintenance of the proposed landscaping improvements will be brought before the Council at alater date. No budget action is required at this time.

CONSENT CALENDAR T 5
Land Easement Agreement between City of Shafter and Target Corporation - Seventh Standard Road

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 governments that does not result in direct or indirect physical changes to the environment.

ALTERNATIVES
The Council can reject the recommended action to preserve CIP funding for other street or landscaping projects. However, as previously stated, the City accepted a sewer easement from Target to extend sewer service to Gossamer Grove and future development areas. The estimated value of the easement is at least $100,000. Rather than accept payment for the easement, Target agreed to invest that funding into improving landscaping af a very high-profile traffic corridor for them and the City. The planned improvements will result in a modernized look that is easier to maintain and uses significantly less water. Target and the other industries at the V/onderful Industrial Park will also fund ongoing operations and maintenance through a special services district. Therefore, alternative action is not recommended.

ATTACHMENTS
Landscape Easement Agreement
Location of Proposed Landscape Improvements
Letter from Public Works Director to Target Addressing Future Landscape Improvements

1. 2.

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J.
1 RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

City of Shafter
City Clerk
336 Pacific Avenue
Shafter, CA93263
APN:091-262-09 The undersigned declares that the documentary transfer tax is $0.00 since this is a conveyance of an easement and the consideration is less than $100.00 "Exempt from the fee per GC 27388.1(a)(1) payment of recording fees expressly exempted by law."

LANDSCAPE EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement") made
2021, by and between TARGET CORPORATION, a Minnesota corporation ("Grantor"), and CITY OF SHAFTER, CALIFORNIA, a California municipal corporation ("Grantee").

1. Grantor is the owner of certain real property located in the City of Shafter, County of Kern, State of California and legally described on Exhibit A attached hereto ("Grantor's Property"), and has the right to execute and deliver this instrument.

Z Grantee desires an easement in, under, and upon a portion of Grantor's Property. Subject to Section 7 below, Grantorhereby grants to Grantee, its successors and assigns, forever, a perpetual, exclusive easement to install, maintain, and repair public landscaping and irrigation system improvements ("Grantee's Easement") in, under and upon a portion of Grantor's Property in the City of Shafter, Kern County, California and legally described on Exhibit B and as depicted on Exhibit C, both attached hereto. 3 ln addition, Grantor grants to Grantee, its successors and assigns, the right of surveying within Grantee's Easement, the right of lateral and subjacent support; and the right to place signs and markers on Grantee's Easement as required by law, or in Grantee's judgment, to protect the public interest or property owner or to notiñ7 them of Grantee's Easement. Grantor also grants to Grantee, its successors and assigns, the privilege of temporarily placing tools, equipment, material, and soil on Grantee's Easement for the above purposes. All work pertaining to the Grantee's Easement shall be performed, at Grantee's sole cost, by a reputable consultant or contractor who has been previously approved in writing by Grantor (the "Consultant").

4. ln the event Grantee disrupts, removes or destroys any Grantor property other than grass, trees or other landscaping, , within the Grantee's Easement in exercising its rights hereunder, Grantee will repair, replace and restore the disturbed area as close to its original condition as possible.

5. Grantee will exercise due care, and diligence to avoid injury or damage to Grantor's non-encroaching buildings, personal property, and landscaping. Grantee indemnifies Grantor from any such damage or loss arising or occurring to such buildings, personal property and landscaping by reason of the operation, maintenance, relocation, replacement, substitution, or removal of Grantee's Easement, or the exercise of any of Grantee's rights set forth in this Easement.
6 All tools, equipment, materials and other property placed upon Grantee's Easement by Grantee or its employees, representatives or contractors shall be immediately removed by Grantee upon the earlier of (i) termination or revocation of this Easement, or (ii) the date upon which it is no longer necessary for such item to be on Grantee's Easement in order to perform work expressly permitted pursuant to this Easement.

7. Grantor hereby reserves and retains all other property rights in and to the Grantee's Easement, including without fimitation, the rights to (a) use the Grantee's Easement for any purpose whatsoever, so long as such use does not unreasonably interfere with Grantee's rights hereunder (it being expressly understood that the use of the surface of Grantee's Easement for vehicular traffic, pedestrian traffic, landscaping, parking and/or signage shall be deemed not to unreasonably interfere with Grantee's rights hereunder) and (b) locate electric, gas and water lines and other utilities in Grantee's Easement, so long as such improvements do not unreasonably interfere with Grantee's permitted use of Grantee's Easement. Grantor further reserves and retains the right from time to time, in Grantor's sole discretion, to cause Grantee to relocate the easement facilities at Grantor's expense, it being understood that if such relocation of the easement facilities is to a place outside of the Grantee's Easement area, Grantee shall execute and deliver to Grantor, promptly upon request, an amendment to this instrument setting forth the revised Grantee's Easement.

I Any installation, maintenance, replacement, repair and/or removal of the easement facilities performed by Grantee, its agents and employees shall be performed at Grantee's sole cost and expense with at least thirty (30)days' prior notice to the Grantor (except that in an emergency the work may be initiated after reasonable notice). In addition, Grantee, its agents and employees shall (a) promptly pay all costs and expenses associated with said work, (b) diligently complete such work as quickly as possible, and (c) perform such work in a lien-free manner.

9. Any use of Grantee's Easement by Grantor, shall be performed with care and in such manner as to cause the least interference with the surface of the Grantee's Easement area and with the use and enjoyment thereof. Grantee shall maintain the easement facilities in a good and safe condition, and Grantee shall install, maintain, operate, repair, replace and remove the easement facilities in compliance with all applicable governmental rules, regulations and requirements. 10 lf the surface of Grantor's Property or any portion thereof, or any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by installation, operation, maintenance, replacement or removal activities or other activities 2 performed by or on behalf of Grantee, said surface and improvements shall be promptly restored by Grantee to their condition just prior to such disturbance.

11. lnsurance
(a) Before commencing any work or any entry onto Grantee's Easement, Grantee shallfurnish to Grantor and shall cause its Consultants and each such Consultant's subcontractors to furnish to Grantor, in a form acceptable to Grantor, evidence of general liability, automobile, and workers' compensation insurance issued to Grantee, its agents, employees, and Consultants (and their respective subcontractors), and protecting Grantor, its agents, employees, tenants and invitees from and against any and all claims, losses and damages (and related costs and expenses) that arise out of, or result from, or are in any manner connected with, the performance of or the entry upon the Grantee's Easement in connection with any thereof. Such insurance shall include the minimum coverages and limits of liability described below:
(i) Workers'compensation insurance as required by any applicable law or regulation;
(ii) Employer's liability insurance with limits not less than $1,000,000.00 each accident for bodily injury, $1,000,000.00 each employee for bodily injury by disease, and $1,000,000.00 policy limit for bodily injury by disease; (iii) Commercial general liability insurance (including contractual coverage to cover the indemnity provisions of Section 14 below) with limits not less than $4,000,000.00 per occurrence and in the aggregate;
(iv) Automobile Liability (bodily injury and property damage liability) covering owned, non-owned and hired vehicles, with not less than $1,000,000.00 combined single limit per occurrence.
(b) The insurance described in this Section 13 shall contain a provision whereby the insurer agrees to give Grantor at least thirty (30) days' written notice before the insurance is canceled, materially altered or permitted to expire. Except for the professional liability insurance, the foregoing insurance shall be written on an occurrence basis. Grantor shall be included as an additional insured with respect to the commercial general liability insurance and the automobile liability insurance required above. Grantee's insurance, each Consultant's insurance and the insurance of each of Consultant's subcontractors shall also include an endorsement providing that there shall be severability of interests with respect to the additional insureds. All coverage required above shall be primary and not contributory to any coverage available to Grantor under any other insurance held by Grantor. The coverage required hereunder shall not contain a deductible or self-insured retention that exceeds $50,000.00. Prior to the commencement of the Grantee's Easement, certificates evidencing that the required insurance is in full force and effect shall have been delivered to Grantor. Delivery of a certificate to Grantor which is not in full compliance with this Agreement shall not be deemed to waive Grantee's obligations. All of the insurance policies required to be obtalned pursuant to this Easement shall be with companies authorized to do business in each state where work is performed 3 and be rated no less than X as to financial rating and no less than A- as to Policy Holder's Rating in the current edition of Best's lnsurance Guide. 12 Liabilitv.
(a) All work and activities conducted in connection with all entry upon the Grantee's Easement in connection thereof or othenuise in connection with the Easement, shall be at Grantee's sole risk and cost. Grantee hereby waives and relinquishes, for itself and for all persons and parties claiming through or under Grantee (including but not limited to Grantee's employees, agents and Consultant), any and all claims, liens, liabilities, causes of action, demands and costs and expenses relating to the subject matter of this Easement now or hereafter arising in favor of Grantee and/or any such person or party with respect to injury to persons or property occasioned by the condition of the Grantor's Property (including the Grantee's Easement) or any improvements thereon or any other facts or occurrences relating to the conduct of the Grantee's Easement.
(b) Grantee shall indemnify, defend and hold Grantor and its directors, officers and employees harmless from and against any and all claims, losses, damages, causes of action, liabilities, judgments, fines, penalties, costs and expenses (including but not limited to court costs and reasonable attorneys'fees) arising as a result of, or in any way relating to this Easement or the Grantee's Easement, including but not limited to those arising from mechanics' liens, from loss or injury to persons or property, from damage to the Grantor's Property or to any improvements located on the Grantor's Property, or from breach of any of the terms or conditions applicable under this Easement to the performance of Grantee's Easement, and also including but not limited to any costs incurred by Grantor to enforce any provision of this Easement and any costs of duly removing Grantee from the Grantor's Property or restoring the Grantor's Property following loss or damage arising in connection with the Grantee's Easement.
(c) Grantee assumes all risk of loss or damage of the property of Grantee, its employees, agents, contractors and invitees, including any loss or damage caused by water, fire, windstorm, explosion, theft or from or due to any other cause except to the extent arising out of the negligence or willful misconduct of Grantor, its employees, agents or representatives. Grantee will be responsible for all costs related to its use of the Grantee's Easement and will have responsibility for the security and safety of persons and property directly or indirectly associated with its use Grantee's Easement. Grantor will not be liable to Grantee, or those claiming through Grantee (including but not limited to the employees, agents, contractors and invitees of Grantee), for injury, death or property damage occurring on Grantee's Easement, except to the extent arising out of the negligence or willful misconduct of Grantor, its employees, agents or representatives. (e) The provisions of this Section 14 shall survive the expiration, termination or revocation of this Easement.
13 Hazardous Materia Grantee may not use, or permit the use of, Hazardous Materials on, about, under the Grantor's Property or Grantee's Easement. (a) Grantee must defend, protect, indemnify and hold harmless Grantor 4 from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including costs of investigation, remedial or removal response, and reasonable attorneys' fees and cost of suit, arising out of or resulting from any Hazardous Material used or permitted to be used by Grantee.
(b) For the purpose of this Section 13, (i) "Hazardous Materials" means the following: petroleum products and fractions thereof, asbestos, asbestos containing materials, urea formaldehyde, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials, substances and wastes listed or identified in, or regulated by, any Environmental Law, and (ii) "Environmental Laws" means the following: allfederal, state, county, municipal, localand other statutes, laws, ordinances and regulations which relate to or dealwith human health or the environment, all as may be amended from time to time.

14. Recitals are incorporated and made a part of this Easement.

15. The persons signing this Easement have the real and apparent authority to bind the respective parties.
1ô The terms and provisions of this instrument run with the land and extend to and are binding upon Grantor and Grantor's successors, and assigns. Grantee may assign or lease this Easement in whole or in part.
(REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
5 GRANTOR:

Target Corporation,
Name and title

STATE OF MINNESOTA)
) ss.
couNTY oF HENNEPTN)
ïhe foregoing instrument was acknowledged before me this day of 2021, by Target
Corporation, a Corporation under the laws of Minnesota, situated in the County of Hennepin, State of Minnesota.

Notary Public
GRANTEE:

City of Shafter,
GabrielA. Gonzalez
City Manager
Attest:

Yazmina Pallares
City Clerk
By
By:
6 ACKNOWLEDGEMENT
A Notary Public or other fficer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is qttqched, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me, Notary 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/her/their 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public (Seal)
)
)
)
SS.
7 CERTIFICATE OF' ACCEPTANCE
(Government Code Section 27281)
This is to certiS that the interest in real property conveyed by LANDSCAPE EASEMENT AGREEMENT dated 20________________ from: TARGET CORPORATION, a Minnesota Corporation to the CITY OF SHAFTER, a California municipal corporation, is hereby accepted for public purpoSeSbyorderoftheCityCounciloftheCityofShafterofl
20 and the grantee consents to recordation thereofby its duly authorized officer

CITY OF SHAFTER
By
Gabriel A. Gonzale4 City Manager
Dated
ATTEST:

By:

Y azmina Pallares, City Clerk
I

EXHIBIT A
Legal Description of Grantor's Property
APN 091-262-09
BEING A PORTION OF LOT 1 OF LOT LINE ADJUSTMENT NO.01.11 BY EVIDENCE OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0201139104, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER.

ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.M., C¡TY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.

I

EXHIBIT B
Legal Description of Grantee's Easement
1t
LS 81 9s

0. (ù
Uúr. EXHIBIT'B'
LEGAL DESCRIPTION lluln
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTTON 33 28 SOUTH, RANGE 26 EAST, MOUNT DIABLE MERIDIAN, IN THE CITY OF SHAFTER, KERN COUNTY, CALIFORNTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER NORTH 2oI9',28" EAST, A DISTANCE OF 96.04 TO A POINT, SAID POINT BÊING ON THE NORTH RIGHTOF-WAY OF SEVENTH STANDARD ROAD AS SHOWN ON THE GRANT OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES, RECORDED ON OCTOBER 10, 2008, AS DOCUMENT NO. 020B16045B, IN THE OFFICE OF THE KERN COUNTY RECORDER; SAID POINT ALSO BEING THE POINT OF BEGINNII{G; THENCE
1) DEPARTING SAID EAST LINE OF THE SOUTHWEST QUARTER OF SECTTON 33,

WESTERLY ALONG SAID NORTH RIGHT-OF-WAY OF SEVENTH STANDARD ROAD, NORTH 89o12',07" WESr, A DISTANCE AF 2242.70 FEETTO A POINT,

SATD POINT BEING THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEAST FROM WHICH A RADIAL BEARS NORTH 11o10'49" EAST, HAVING A MDIUS Of 2ß.82 FEET AND A CENTRAL ANGLE OF 3o5148"; THENCE 2) CONTINUING ALONG SATD NORTH RIGHT.OF-WAY AND SAID CURVE A DISTANCE OF 16.44 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF

A REVERSE CURVE CONCAVE SOUTHWEST FROM WHICH A RADIAL BEARS SOUTH L5OO2'37" WEST, HAVING A RADIUS OF 243.82 FEET AND A CENTRAL ANGLE OF 14OI4,44,,; THENCE
3) CONTINUING ALONG SAID NORTH RIGHT-OF.WAY AND SAID CURVE A DISTANCE OF 60.62 FEET TO A POINT; THENCE
4) CON].INUING ALONG SAID NORTH RIGHT-OF-WAY, NORTH 89ot2'07" WESr, A DISTANCE OF 172.57 FEET TO A POINT; THENCE
5) CONTNUING ALONG SAID NORTH RIGHT-OF-WAY, NORTH 45o42',34" WEST, A DISTANCE OF 45.15 FEETTO A POINI SAID POINT BEING ON THE EAST RIGHT-OF.WAY LINE OF ZACHARY AVENUE AS PRESENTED ON PARCEL MAP 10555 PHASE A, RECORDED ON MAY 7,1999, IN BOOK 50 OF PARCEL MAPS AT PAGE 122 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE PAGE 1 OF 2
11 6) DEPARTING SAID NORTH RIGHT-OF-WAY, NORTHERLY ALONG SAID EAST RIGHT-OF-WAY OF ZACHARY AVENUE, NORTH 2o\2',28',WESr, A DISTANCE OF

16.68 FEETTO A POINT, SAID POINT BEING ON THE SOUTH BOUNDARY OF A SEWER EASEMENT RECORDED ON NOVEMBER 28, 2018, AS DOCUMENT NO. 218154908 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
7) DEPARTING SAID EAST RIGHT-OF.WAY, EASTERLY ALONG SAID SOUTH BOUNDARY, NORTH 79o49',L2', EAST, A DISTANCE OF 65.68 FEET TO A POINT; THENCE
B) CONTINUING ALONG SAID SOUTH BOUNDARY, SOUTH 89o12',03" EAST, A DISTANCE OF 109.37 FEETTO A POINT; THENCE
9) CONTINUING ALONG SAID SOUTH BOUNDARY, SOUTH 77o12',03" EAST, A DISTANCE OF 226.28 FEET TO A POINT; THENCE
10)CoNTNUING ALONG SAID SOUTH BOUNDARY, SOUTH 89o1213" EAST, A DISTANCE OF 1411.17 FEETTO A POINT; THENCE
II)CONTNUING ALONG SArD SOUTH BOUNDARY OF THE SEWER EASEMENT, NORTH 86o45'4L' EAST, A DISTANCE OF 251.7t FEET TO A POINT; THENCE I2)CONTINUING ALONG SAID SOUTH BOUNDARY, SOUTH 89o47',45" EAST, A DISTANCE OF 452.68 FEETTO A POINT; THENCE
I3)CONTINUING ALONG SAID SOUTH BOUNDARY, SOUTH 72o08',47" EAST, A DISTANCE OF L7.T4 FEET TO A POINT, SAID POINT BEING ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECilON 33; THENCE
I4)DEPARTING SAID SOUTH BOUNDARY, SOUTHERLY ALONG SAID EAST LINE, SOUTH 2OI9'28" WEST, A DISTANCE OF 43,39 FEET TO A POINT, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY OF SEVENTH STANDARD ROAD; SAID POINT ALSO BEING THE POINT OF BEGINNING.

CONTAINING 1.99 ACRES, MORE OR LESS.

PAGE 2 OF 2

EXHIBIT C
1t
Depiction of Grantee's Easement
1:
+
T ZACHARY AVENUE MATCH UNE (SEE BELOW. LEFT)
s. LINE OF SW 1/4
sEc. 33, 28/26 M.D.M.

CONCRETE MONUMENI FOR THE SW
coRNER OF SEC. 33, 28/26 M.D.M.

S, BOUNDARY OF SEWER EASEMENT RECORDED
Lr/28118 AS DOqJMENT NO, 218154908
EASTERN ZACHARY AVENUE R.O.W.

UNE PER P,M. 10555-PHASE -A'
{.7TH STANDARD RD
5 F
R1
S, BOUNDARY OF SEWER EASEME¡¡T RECORDED
11/28/18 AS DOOJMENT NO. 218154908
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THIS MAP IS PROVIDED FOR

ILLUSTRATVE PURPOSES ONLY
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SCALE: 1 lN =150FT coNcREïEM.NUMENT
FOR THE S U4 CORNER
oF sEc. 33, 28126 M,D.M.

MATCH UNE (SEE ABOVE. RIGTfT)

CURVE TABLE
CURVE DELTA RADIUS TANGENT LENGTIc1 14"L4'44" 243,82' 30,47', 60.62' c2 3.51'48', 243.82' LZz' L6.44'

LINE TABLE
UNE BEARING DISÏANCE
L1 s2"12'28"E 16.68',
L2 s4504t34"E 46,15'
L3 s78"48',12'W 65.68'
L4 N89'12'03"W 109,37'
L5 s89012'07"8 172,57',
L6 N77"1203'W 226.zA',
L7 s2019'28'W 96.04'
L8 s2019'28"W 43.39'
t9 s72.08'47"Ë t7,L4'

RADIAL TABLE
DÂfIIAI BEARING
R1 s0047'53"W
R2 s15002'37"W
R3 N11"10'49"E

CITY OF SHAFTER

COUNTY OF KERN

STATE OF CALIFORNIA
FOR:

LANDSCAPE EASEMENT AREA

SEVENTH STANDARD ROAD
EXHIBIT:
c
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4300 Ash6 Road, Su¡lo 103
Bekersfidd, CÀ 93313
(661 ) 66¡l-48(ß Land
{888) 26G7357 Fd
PROJECT NUMBgRI
21-O1 I
ÞRÁW! 8Y:

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CHËCKËD BY:

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APPROVÊÞ BY:

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14 Proposed
Landscape
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336 PacificAvenue, Shafter, Californiag3263
November 26,2078
Target
ATTN: Brynn Anderson
1000 Nicollet Mall, TPN 1202
Minneapolis, MN 55403
Dear Ms. Anderson:

The City of Shafter has received a grant of a sewer easement from Target that provides the C¡ty access for construction plus ongoing operations and maintenance of a sanitary sewer main on Target property along the north side of Seventh Standard Road. The purpose of this notice is to provide Target with future construction scheduling projections and commitments on what the City will do with respect to landscaping improvements within or immediately adjacent to the sewer easement.

The construction of the new sewer main is scheduled to take place by July of next year. Work within the new easement granted by Target is one of several project phases, so the exact timing is somewhat dependent upon the City acquiring additional easements and coordinating with project partners that will be funding portions of the project. Regardless of when the Target phase takes place, there should be no disruption to the daily flow of employee or truck traffic because existing roadways and access points will not be impacted. City staff will contact local Target officials once a more precise construction schedule is avaílable.

The goal of the future landscaping work is to either restore or enhance existing improvements after the sewer main construction takes place. One specific goal, previously endorsed by Target, is the removal of the existing grass turf along Seventh Standard Road in favor of new plantings that are more drought tolerant and less expensive to maintain. The City started the desígn of this landscaping work but is also exploring a joint project with Wonderful Real Estate, the master developer of the surrounding industrial park. Regardless if this is a City or partnered project, all proposed landscaping additions and improvements on Target property shall be approved by Target officials before any work can commence.

The City anticipates that the work will start as early as late summer or early fall of next year. The funding available to the City should allow for these improvements to be provided at no cost to Target.

The City apprecíates Target's cooperation and support with this project. lf there are any questions or issues regarding the project or this notice, please feel free to contact me.

Sincerely,
MichaelJames
Public Works Director
City Manager
(661 ) 746-5000
Fax (661 ) 746-0607
Finance
(661) 746-s001
Fax (661 ) 746-1002
Human Resources
(661) 746-5003
Fax (661) 746-2645
Planning/Building/Engineerin g
(661 ) 746-5002
Fax 1661 ) 746-9125
A
lî,tt .r-l
City of Shafter

SHAFTER COUNCIL AGENDA REPORT
I
Meeting Date: April 5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By:Yazmina Pallares, City Clerk

SUBJECT CONFLICT OF INTEREST CODE AMENDMENT

RECOMMENDATION
Council find the proposed activity is not subject to the Califomia Environmental Quality Act, and adopt Resolution 2857, a Resolution of the City Council of the City of Shafter Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 197 4.

BACKGROUND
Attached for Council consideration is an Amended Conflict of Interest Code for the City of Shafter.

The Code has been reviewed by the City Attorney and is current with the present law. The amended appendix reflects the following changes:

Added the following job titles which were determined to meet the requirements of the Code for Financial Disclosure Statements.
a. Assistant Chief of Police

2. Added the following Title Change which was determined to meet the requirement of the Code for Financial Disclosure Statements.
a. Engineer Associate
J Removed the following job titles which were determined to not meet the requirements of the Code for Financial Disclosure Statements.
a. Assistant Chief of Corrections.
b. Corrections Business Manager.
c. Corrections Lieutenant (Canteen Services).
d. Corrections Maintenance Supervisor.
e. Corrections Officer (Canteen Services).
f. Project Manager/Analyst.
g. Senior Corrections Officer (Cook Supervisor).

FISCAL IMPACT
There is no material fiscal impact anticipated with amending the conflict-of-interest code. coNSENr cALENDAR lt"
Conflict of Interest Code Amendment

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.

ATTACHMENT
l. Resolution 2857
2 RESOLUTION NO. 2857

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING

AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Shafter (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on October 16,2018, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on April 5,2022, at which all present were given an opportunity to be heard on the proposed amended Code.

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

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying;
Section 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.

Shafter City Council Resolution No. 2857
April5,2022
Page2
PASSED, ADOPTED AND APPROVED ataregular meeting of the City Council of the City of Shafter on this 5th day of April, 2022.

Cathy L. Prout, Mayor
ATTEST:

Y azmina Pallares, City Clerk

APPROVED AS TO FORM
Marco A. Martinez,City Attorney

LAW OFFICES OF
RFST RF'ST Á, T(RIF'CFR

CONFLICT OF INTEREST CODE FOR THE

CITY OF SHAFTER
(Amended April 5. 20221
The Political Reform Act (Gov. Code S 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2CaL Code Regs. S 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Gity of Shafter (the "C¡ty").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically fie their annual statements of economic interest directly with the Fair Political Practices Commission. All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The Gity Clerk shall make and retain a copy of all statements filed by all Officials subject to the Act, and fonuard the originals of such statements to the Fair Political Practices Commission. The C¡ty Glerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code S 81008.)
1 r 723 6. 00003\3328940s.3
BBK- March 2022

LAW OFFICES OF
RF'ST RF'ST .q" I(RIF'CFR

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SHAFTER
(Amended April 5,20221
PART 'TA"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. S 18700.3, are NOT subject to the City's Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. S 18730(bX3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.l These positions are listed here for informational purposes only.

Administrative Services Director
Finance Manager
I nvestment Consultants
lndividuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by $ 87200.

App. A-1- BBK- March 2022
1 723 6. 00003\33 289 40s.3

LAW OFFICES OF
RF'ST RF'ST {" T(RIFI]FR
DESIGNATED POSIT¡ONS

GOVERNED BY THE CON OF INTEREST CODE

DESIGNATED POSITIONS'

TITLE OR FUNCTION
Accounting Manager
Animal Control Manager
Assistant Chief of Police
Building lnspector (ALL)
Building Official
Business Development Director
City Attorney (not filing under GC 87200)
City Clerk
City Engineer
Education Partnersh ip Director
Engineer Associate
Facilities Construction Specialist
GIS Coordinator
GIS Specialist
Human Resources Analyst
Human Resources Manager
I nformation Technology Manager
Mechanic

DISCLOSURE CATEGORIES

ASSIGNED
4 5
5,6
2, 3, 5,6
2,3,5,6
1,2
1,2
5 2,3,5,6
1 2,3,5,6
5,6
5 5
5 5
5 5
BBK- March 2022
1 723ó.00003\33 289405.3
App. A-2-

LAW OFFICES OF
RF'ST RF'ST Á, I(RTFíIFR
Parks Foreman
Planning Director
Police Captain
Police Chief
Police Lieutenant
Public Facilities Manager
Public Works Director
Public Works Manager
Senior Planner
Utilities Manager
Utility Technician

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
2,3, 5
1,2
5,6
5,6
5 5
2,3,5
2,3, 5
1,2
5 5
| 7 23 6.00003\33289 405.3
App. A-3- BBK - March 2022

LAW OFFICES OF
REST RFST .(, KRIFI:FR
MEMBERS OF BOARDS.

COMMISSIONS D COMMITTEES
City Charitable Purpose Foundation
Civic I mprovement Corporation
lndustrial Development Authority
Successor Agency
Consultants and New Positions2
lndividuals providing services as a Consultant defined in Regulation 18700.3, or in a new position created since this Code was last approved that makes or participates in making decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitations:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of lnterest Code. (Gov. Code Sec. 81008.) App. A-4- BBK - March 2022
1 1
1 1
2 2
2 2
2 1 7236.00003\3328940s.3

LAW OFFICES OF
RF'ST RF'ST ¡T I(RIF'CFR
PART '38"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 "lnvestment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Cateqory 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in or own real property within the jurisdiction of the City.

Catesory 2: All interests in real property which is located in whofe or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Cateqorv 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Cateqorv 4: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Cateqory 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division.

Cateqory 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities subject to the regulatory, permit, or licensing authority of the designated position's department, unit or division.

This Conflict of lnterest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.f )
3 1 7236.00003\33289405.3
App. B-1- BBK- March 2022
A
l'crrt or'l
City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director

SUBJECT LOV/ CARBON TRANSIT OPERATION PROGRAM AUTHORIZATIONS AND EXECUTIONS OF SHAFTER DIAL-A-RIDE SERVICE ELECTzuC

VEHICLE PURCHASE

RECOMMENDATION
Council find the subject activity is exempt from the California Environmental Quality Act; and adopt Resolution 2858, a Resolution of the City Council of the City of Shafter authorizing the Execution of the Certifications and Assurances and Authorized Agent Forms for the Low Carbon Transit Operations Program (LCTOP) and the following Project: Shafter Dial-A-Ride Service - Electric Vehicle Purchase.

BACKGROUND
The Low Carbon Transit Operations Program (LCTOP) is one of several programs affiliated with the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in20l4 by Senate Bill 862 (SB 862). The LCTOP provides transit agencies operating and capital funding assistance to reduce greenhouse gas emissions and improve mobility while prioritizing service to disadvantaged communities. Approved LCTOP projects typically support new or expanded bus or rail services, expanded intermodal transit facilities, and equipment purchases. They also cover equipment acquisition, fueling, maintenance, and other costs to operate those transit services or facilities. For agencies whose service area includes disadvantaged communities, at least 50 percent of the funding received must be invested in projects that benefit those communities.

Senate Bill 852 (Statutes of 2014) appropriated $25 million for LCTOP for funding year 2014- 2015. Further, Senate Bill 862 continuously appropriates five percent of the annual auction proceeds through the Greenhouse Gas Reduction Fund (Fund) to LCTOP as of funding yeil 2015- 2016.

The City is eligible for an LCTOP grant allocation of $50,833 for the grant program year 202I2022. Staff identified a need to use this funding to replace aging transit gas vehicles with electric vehicles. These LCTOP funds could be combined with other transit funding sources, including State of Good Repair funds, for this intended purpose. Authorizing the use of LCTOP funds requires an adoption of a Council resolution.

CONSENT CALENDAR I 1
Low Carbon Transit Operation Program authorizations and Executions of Shafter Dial-A-Ride Service Electric Vehicle Purchase

FISCAL IMPACT
If awarded, the LCTOP funds could either be added to an existing City hscal year budget or included in a new fiscal year budget that the Council would consider later. No budget action is needed at this time.

CEQA ANALYSIS
The subject activity is exempt from the Califomia Environmental Quality Act ("CEQA"), pursuant to Title 14 of the Califomia Code of Regulations, Section 15061(bX3), where it can be seen with certainty that there is no possibility the activity will have a significant effect on the environment.

The activity involves the purchase of a zero-emission vehicle.

ALTERNATIVES
The Council could direct staff to forfeit the allocated funding to beneht other cities and transit operators if it desires to have staff work on other directives. However, the City Dial-A-Ride program could greatly benefit from the funds because such an investment would reduce operating costs and improve the level of service for the community. Further, applying these funds does not significantly burden staff time and resources. Therefore, alternative action is not recommended.

ATTACHMENTS

1. Resolution 2858
a
RESOLUTION NO. 2858

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LO\ü CARBON TRANSIT
OPERATIONS PROGRAM (LCTOP) AND THE FOLLOWING PROJECT: SHAFTER DIAL.A.RIDE SERVICE - ELECTRIC VEHICLE PURCHASE
WHEREAS, the City of Shafter is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and \üHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and \ryHEREAS, the City of Shafter wishes to delegate authorization to execute these documents and any amendments thereto to Gabriel A. Gonzalez,City Manager; and WHEREAS, the City of Shafter wishes to implement the following LCTOP project(s) listed above,
NOW' THEREFORE' BE IT RESOLVED by the City Council of the City of Shafter that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.

NOW THEREFORE' BE IT FURTHER RESOLVED that the City Manager and Administrative Services Director shall be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

NOW' THEREFORE, BE IT RESOLVED by the City Council of the City of Shafter that it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY 2021-22 LCTOP funds:

List project(s), including the following information:

1. Project Name: Shafter Dial-A-Ride Service - Electric Vehicle Purchase Amount of LCTOP Funds Requested: $50,833.00
Short Description of Project: Purchase of one 16 passenger all electric shuttle van to replace traditional gasoline min vans.

Benefit to a Priorit.v Populations: Provide low cost public transit services and reduced GHG emissions in a Disadvantaged and Low Income community Amount to Benefit Prioritv Pooulations: 100%
Contributing Sponsors: Kern Council of Governments
Shafter City Council Resolution No. 2858
April5,2022
Page2
PASSED AND ADOPTED THIS sTH DAY OF APRIL,2022
Cathy L. Prout, Mayor
ATTEST:

Y azmina Pallares, City Clerk

APPROVED AS TO FORM
Marco A. Martinez,City Attorney
Certifications and Assurances Fiscal Year 2022
1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Refer to FTA’s accompanying Instructions document for more information.

Text in italics is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.

All applicants must make the certifications in this category.

1.1. Standard Assurances.

The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.

This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).

Certifications and Assurances Fiscal Year 2022
2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.

DOT regulation 49 CFR Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.

DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.

Certifications and Assurances Fiscal Year 2022
3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Certifications and Assurances Fiscal Year 2022
4 animals held for research, teaching, or other activities supported by this award of assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.

1.2. Standard Assurances: Additional Assurances for Construction Projects.

This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

Certifications and Assurances Fiscal Year 2022
5 1.3. Procurement.

The Uniform Administrative Requirements, 2 CFR § 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.

The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.326 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.

1.4. Suspension and Debarment.

Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.

The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
Certifications and Assurances Fiscal Year 2022
6 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding.

The applicant certifies:
(a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or
(a) The applicant certifies that the applicant has not furloughed any employees.

1.6. American Rescue Plan Act Funding.

The applicant certifies:
(a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.

CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a public transportation agency safety plan on behalf of a small public transportation provider pursuant to 49 CFR § 673.11(d).

This certification is required by 49 U.S.C. § 5329(d)(1) and 49 CFR § 673.13.

This certification does not apply to any applicant that receives financial assistance from FTA exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs.

If the applicant is an operator, the applicant certifies that it has established a public transportation agency safety plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673.

Certifications and Assurances Fiscal Year 2022
7 If the applicant is a State, the applicant certifies that:
(a) It has drafted a public transportation agency safety plan for each small public transportation provider within the State, unless the small public transportation provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own public transportation agency safety plan; and (b) Each small public transportation provider within the State has a public transportation agency safety plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5) and Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5).

CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.

If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2021, Pub. L. 116-260, div.

E, title VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status.

If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

CATEGORY 4. LOBBYING.

If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.

This certification is required by 49 CFR § 20.110 and app. A to that part.

Certifications and Assurances Fiscal Year 2022
8 This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.

4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) 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, an 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 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If 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 Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification 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 certify and disclose 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 certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, 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 $100,000 for each such failure.

4.2. Statement for Loan Guarantees and Loan Insurance.

The undersigned states, to the best of his or her knowledge and belief, that:

If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Certifications and Assurances Fiscal Year 2022
9 Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CATEGORY 5. PRIVATE SECTOR PROTECTIONS.

If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.

5.1. Charter Service Agreement.

To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4.

The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference.

5.2. School Bus Agreement.

To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:

Certifications and Assurances Fiscal Year 2022
10 (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.

CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.

If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).

The applicant certifies that it is in compliance with 49 CFR Part 625.

CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.

7.1. Rolling Stock Buy America Reviews.

If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7.

The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663.

7.2. Bus Testing.

If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7.

The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will Certifications and Assurances Fiscal Year 2022
11 receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.

CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.

If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); Certifications and Assurances Fiscal Year 2022
12 (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).

CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.

If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).

Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
Certifications and Assurances Fiscal Year 2022
13 (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.

CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE

EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.

If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).

CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.

If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Certifications and Assurances Fiscal Year 2022
14 Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9.

If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d).

The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.

CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.

If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.

In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).

The applicant certifies that:

Certifications and Assurances Fiscal Year 2022
15 (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.

CATEGORY 13. STATE OF GOOD REPAIR GRANTS.

If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds.

The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625.

If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1).

CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.

If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).

Certifications and Assurances Fiscal Year 2022
16 Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference.

CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83.

The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655.

CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.

If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.

The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.

CATEGORY 17. DEMAND RESPONSIVE SERVICE.

If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77.

The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;
Certifications and Assurances Fiscal Year 2022
17 (b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.

CATEGORY 18. INTEREST AND FINANCING COSTS.

If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).

The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.

CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.

If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.

The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2).

Certifications and Assurances Fiscal Year 2022
18 CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS

FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).

Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing.

Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required.

FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan),
Certifications and Assurances Fiscal Year 2022
19 (3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas),
(5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service).

CATEGORY 21. EMERGENCY RELIEF PROGRAM.

An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program.

The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application.

Certifications and Assurances Fiscal Year 2022
1 FEDERAL FISCAL YEAR 2022 CERTIFICATIONS AND ASSURANCES FOR FTA

ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______.

Or,
The Applicant certifies to the applicable provisions of the categories it has selected:

Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs
Certifications and Assurances Fiscal Year 2022
2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Cybersecurity Certification for Rail Rolling Stock and Operations
20 Tribal Transit Programs
21 Emergency Relief Program

CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE

AFFIRMATION OF APPLICANT
Name of the Applicant:

BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.

The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FTA during the federal fiscal year.

The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute Certifications and Assurances Fiscal Year 2022
3 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.

Signature Date:

Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):

As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.

I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.

Signature Date:

Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.

A
11 ,,, ,,,=l
City of Shafter
SI{AFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: LICENSE AGREEMENT WITH WELL REHABILITATION SERVICES

INC FOR USE OF FORMER MODIFIED COMMTINITY CORRECTIONAL

FACILITY PATROL AREA

RECOMMENDATION
Council find the requested action is not subject to the California Environmental Quality Act; approve a license agreement with Well Rehabilitation Services Inc. for temporary use of a City water tank site located at 401Commerce V/ay (County of Kern Assessor Parcel No. 089-230-63) subject to review and approval by the City Attorney; and authorize the City Manager to execute said license agreement on behalf of the City.

BACKGROUND
At its November 2,2021 meeting, the Council authorized terminating access easements that the City required primarily for patrolling the former Modified Community Correctional Facility (MCCF) located at 1150 East Ash Avenue. The easements were located on parcels owned by the Insect Lore and Well Rehabilitation Services Inc. Both parcels are located immediately west of the MCCF site.

Currently, Staff is overseeing the completion of site restoration work within the Insect Lore parcel easement required upon MCCF ceasing operation as a conectional facility. This restoration work has been authorized by separate Council action.

The access easement with Well Rehabilitation Services Inc. does not require site restoration work because the access did not involve any physical alteration to the site. The lack of MCCF patrolling leaves a neighboring strip of land owned by the City that cannot be used even though it is a portion of a parcel used for a water tank. Until a plan to use the MCCF site for other purposes is developed by staff and approved by the Council, the best use of the land strip is to allow'Well Rehabilitation Services to access it for outdoor storage of its products and equipment.

The City Attomey has prepared a license agreement to allow Well Rehabilitation Services to access and use the surplus water tank site property. As drafted, the agreement has a term of one year. At the end of the term, staff will further assess the need for the surplus property and may request an extension if there is no immediate need for it. Provided an agreement is in effect, 'Well Rehabilitation Services will be responsible for any maintenance and upkeep, plus any improvements will be subject to City approval.

CONSENT CALENDAR IB
License Agreement with Well Rehabilitation Services, Inc. for Use of Former MCCF Patrol Area

FISCAL IMPACT
The costs to prepare the proposed license agreement can be covered with existing project or operations accounts. Maintenance and upkeep of the City-owned site will be the responsibility of Well Rehabilitation Services. Therefore, no budget action is required.

CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuantto Section 15378(b)(5) 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.

ALTERNATIVES
The Council can reject the recommended action, particularly if it desires to preserve the former MCCF patrol areas for other uses. However, there are no immediate or potential plans for alternative site use. A short-term license agreement assists a local business with its operation and alleviates maintenance work for City crews while preserving ownership for possible City use.

Therefore, alternative action is not recommended.

ATTACHMENTS
l. Draft License Agreement

2. Site Map of License Agreement Property
-2-

I,ICENSE REEMENT
This License Agreement ("Agreement") is entered into on _,
2022 ("Effective Date") by and between the City of Shafter, a public body, corporate and politic ("Shafter"), and V/ell Rehabilitation Services, Inc., a ('ol-icensee"). Shafter and Licensee are sometimes referred to herein individually as "Party" and collectively as "Parties." Recitals
A. Shafter owns that certain real property generally located at 401Commerce Way, Shafter, California, as further described by the Kern County Assessor as Parcel Numbers 089- 230-63and shown in Exhibit "A" (the "Property"); and
B. Licensee desires to obtain a temporary license for the limited pu{poses of entering and using the Property for the staging and storage of pipe and other materials for well rehabilitation proj ects; and
C. The use of the Property by Licensee as described above will i) expedite the implementation of organics recycling in compliance with Shafter's requirements and deadlines under State law, which will avoid penalties up to $10,000 per day for non-compliance, and ii) reduce the amount of traffic created from the implementation by delivering carts from a central location instead of longer trips from an external location, which are both desirable benefits to Shafter.

NOW, THEREFORE, in consideration for the promises set forth in this Agreement, the Parties agree as follows:

Terms
Recitals. The Recitals are incorporated into and are made apart of this Agreement.

2. License. Shafter hereby grants to Licensee, and Licensee's employees, agent, representatives, and contractors a revocable, exclusive, nontransferable License to access the Property for the limited purpose of allowing Licensee to stage, store, and distribute refuse collection carts for the implementation of automated refuse collection within the Shafter boundaries (the "License"). Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by Shafter. The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of Shafter and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between Shafter and Licensee. The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee.

I
4563s.0r 000\34838 l 82.1

3. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue until the earlier of June, 30,2023 or the date on which Shafter revokes and terminates this Agreement upon 30-day advanced written to Licensee with or without cause.

4. Removal of Property upon Termination. Licensee agrees to remove all of Licensee's equipment and property and any and all debris from the Property within twenty-four (24) hours of termination of this Agreement. In the event any equipment or property are not timely removed, Shafter will have the right to remove such equipment or property and Licensee agrees to be responsible for all associated costs of such removal and storage, if any.

5. Compliance with Law

6.1 Federal. State. and Local Laws. Licensee shall conduct its activities related to the License in compliance with all Federal, State and local laws.

6.2 Prevailing Wages.
(a) LICENSEE ACKNOWLEDGES TTIAT SHAFTER HAS MADE NO

REPRESENTATION, EXPRESS OR IMPLIED, TO LICENSEE OR ANY PERSON

ASSOCIATED WITH LICENSEE REGARDING WHETHER OR NOT LABORERS

EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE PREYAILING PER

DIEM V/AGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.

LICENSEE AGREES WITH SHAFTER THAT LICENSEE SHALL ASSUME THE

RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER

OR NOT LABORERS EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE

PREYAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS

DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS t720,ET SEQ.
(b) LICENSEE, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND

ASSIGNS, WAIVES AND RELEASES SHAFTER FROM ANY RIGHT OF ACTION THAT

MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. LICENSEE ACKNOV/LEDGES THE PROTECTIONS OF CIVL CODE SECTION 1542 RELATIVE TO THE WA IVER AND RELEASE CONTAINED IN THIS SECTION

5.2, WHICH READS AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
45635.01000\34838 182. I

8. V/HICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, 'WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.

BY INITIALING BELOV/, LICENSEE KNOWINGLY AND
VOLLINTARILY V/AIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 5.2:

Licensee's Initials
(c) ADDITIONALLY, LICENSEE SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS SHAFTER, PURSUANT TO SECTION 9, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR THE LICENSE.

7. Hazardous Materials. Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials, and shall be solely responsible for the removal of any Hazardous Material, including asbestos, pursuant to this Agreement, stored or brought onto the Property by Licensee. As used in this Agreement, the term "Hazardous Material" means any substance, material or waste which is ( 1) defined as a"hazardous waste ," "hazaldous material," hazardous substance," "extremely hazatdous waste," or "restrictedhazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act,33 U.S.C. section 1251 et seq. (33 U.S.C. $1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. $1317); (7) dehned as a"hazatdous substance: pursuant to the Resource Conversation and Recover Act,42 U.S.C. section 6901 et seq. (42 U.S.C. $6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuantto Section 101 ofthe Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. $9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety, or property.

Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect, throughout the term of this Agreement, insurance in amounts and coverages shown below, including, without limitation, a provision that Shafter, and its officers, directors, and employees, be included as additional insureds. Failure by Licensee to maintain all insurance in effect at all times shall constitute a default under this Agreement. l. Worker's Compensation - Statutory; Employers' liability - $100,000 each occu1Tence;

2. Comprehensive General liability (including Contractual Liability) -$5.000,000 each occurrence combined single limit; and

3. Comprehensive Automobile liability - $5,000,000 each occurrence combined J
45635.01 000\34838 l 82. r
single limit.

9. Sole Cost and Expense. Licensee expressly acknowledges that it is entering into this Agreement and performing the work authorized hereunder at its own risk. Licensee acknowledges that any work Licensee chooses to perform in connection with this Agreement shall be at its sole cost and expense. Licensee further acknowledges that any activity or work or actby Licensee, made in connection with this Agreement will not impose any obligation upon Shafter to compensate Licensee, to convey any sort of property interest to Licensee, or enter into or retain any agreement with Licensee.

10. Payment of Costs. Licensee shall be solely responsible for all costs and expenses of all activities contemplated by this Agreement. Licensee shall assure that its activities do not result in the filing or attempted enforcement of any claims or liens against the Property, and Licensee shall indemnif,', defend, and hold Shafter, its officials, officers, employees, agents, and volunteers free and harmless from any claims based upon any work performed pursuant to this License.
1 1. No Third Part)¡ Rights. This Agreement is entered into between and solely for the benefit of Shafter and Licensee. No other person shall have any right to enforce the terms of this Agreement.

12. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below:

Shafter: City of Shafter
336 Pacific Avenue
Shafter, CA93263
Attention: City Manager
With a copy to Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA92612
Attention: Marco Martinez, Esq.

Licensee Well Rehabilitation Services Inc
PO Box 80365
Bakersfield, CA 933 80-0365
Attention: Shelley Shearer
Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

13. Assignment. This License is personal to Licensee and may not be assigned without the prior written consent of the Shafter, which may grant or withhold consent in its sole 4 45635.01000\34838 l 82. 1
discretion.

14. Attorneys'Fees. If a Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs.

15. Governing Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.

16. Entire Agreement: Severabilitv. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired.

IN V/ITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above.

LICENSEE: SHAFTER:

V/ell Rehabilitation Services Inc CITY OF SHAFTER, a public body, coqporate and politic
By By:

Title
City Manager
Attest
City Clerk
Approved as to form
Rr¡'
Best Best & Krieger LLP City Attorney
45635.01000\34838 I 82. I
EXHIBIT "A''

PROPERTY ASSESSOR PARCEL MAP
45635.01 000\34838 1 82.1
Proposed License Agreement Property
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0.01 1:1J28

0.01 0.03 mi
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0.01 0.02 0.04 km
INÏERNAL USE ONLY
f-l Proposed License Agreement Property
See web site for license constraints. I [4axat Microsoft I City of Shafter I Kem County Assessois Office, lilapping Section. ,!:'-\r>
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date:

FROM:

April5,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Kevin Zimmermanrt, Chief of Police
SUBJECT: APPROVAL OF 2007 ATTTTUDE 25AK TOy HAULER (OTS

TRAILER) TO DECLARE AS SURPLUS PROPERTY AND TO

AUCTION DUE TO EXCESSIVE MAINTENANCE COSTS AND

NEEDED REPAIRS

RECOMMENDATION
Council declare surplus 2007 Attitude 25AK toy hauler (OTS Trailer); and approve to auction due to the excessive maintenance costs and needed repairs.

EXECUTIVE SUMMARY
The OTS Trailer was utilized for DUI enforcement when the police department held the Office of Traffic Safety grant. The trailer in fair condition is valued at approximately $6,000. In its current condition the trailer has a potential auction value of $500 due to the damage and needed repairs.

Per the conditions of the grant, the trailer could not be disposed of until it reached a value of less than $5,000.

BACKGROUND
In March of 2005 City Council authorized the police department to proceed with the AVOID Grant from the Office of Traffic Safety (OTS). The grant enabled the police department to coordinate DUI enforcement for law enforcement agencies and act as the funding agency for all other Kern Law Enforcement agencies in the program. In June of 2007 City Council authorized the purchase of the 2007 Attitude AK25 trailer. The trailer was deployed several times during DUI enforcement throughout Kern County. After the grant expired the trailer was utilized for the occasional agency DUI check point and for special events. The police department stopped using the trailer due to the high maintenance costs and needed repairs. The trailer body began to warp causing significant water and roof damage. The holding tanks for fresh and dirty water cracked and can no longer be utilized. An estimate from DC's RV Center was received several years ago. The repair costs at that time were $14,000.

Due to the amount of damage, repair costs, and low value of the trailer, staff are recommending City Council approve the Police Department to have the trailer auctioned off in its current condition.

CoNSENT CALENDAR I q
2022 Santa Fe Way Shoulder Improvements Project for Formal Bidding

ANALYSIS
Due to the extensive cost of repairs exceeding the value of the trailer it is not financially sound to repair the trailer.

ALTERNATIVES
Keep the trailer and make necessary repairs for any future use. Not recommend.

Auction the trailer and remove it from the police department's fleet inventory. Recommended.

FISCAL IMPACT/T'UNDING SOURCE
Auctioning the trailer would have no negative impact on the fiscal budget. The revenue generated by sending the trailer to auction is estimated at $500. There is no future plans to acquire a replacement trailer for use.

CONCLUSION
Auctioning the trailer would save the City an estimated $14,000 by not repairing and potentially receiving $500 in revenue.

NEXT STEPS
If Council approves the auctioning of the trailer, the trailer would be transported to auction.

PUBLIC OUTREACH
There is no public outreach regarding this Staff Report to Council.

AlI"' .'-i
City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: April5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Kevin Zimmermanrt Chief of Police

SUBJECT PURCHASE OF TWO FORD POLICE UTILITY VEHICLES WITH

OUTFITTED EMERGENCY EQUIPMENT AND GRAPHICS

RECOMMENDATION
Council approve the purchase of two Ford police utility vehicles from Jim Burke Ford with outfitted emergency equipment and graphics for a total cost of $62 ,696.63 per vehicle.

EXECUTIVE SUMMARY
Recently, two police department patrol vehicles were damaged beyond repair during the course of enforcement related activities.

Members of the City Council previously authorized the purchase of two patrol units on September 21,2021which were ultimately included in the 202T-2022 operating budget. For that staff report, staff received quotes from Jim Burke Ford, National Auto Group, and Future Ford of Clov¿s. The police department has used American Emergency Products (A.E.P) for the installation of the emergency equipment package. Similarly, the police department has used Finish Line Signs to apply the graphics to new or damaged police vehicles. The mobile radios required in the patrol vehicles must be purchased through Motorola as they are the only company providing public safety radios. The department is required to outfit new patrol units with AES encryption to be in compliance with DOJ/CJIS encryption protocols. The two patrol units recently damaged do not have AES encryption radios available for transfer.

Jim Burke Fordprovided the best pricing for a2022 Ford police utility vehicle. All pricing to outfit a2022 Ford police utility vehicle has remained the same for the time being except for an increase in the Equipment/Outfitting ($2,566.57 per vehicle), Mobile Radios ($169.12 per vehicle), and Painting of Doors ($150.00 per vehicle).

POLICY DISCUSSION
No policy discussion relative to this staff report
CONSENT CALENDAR Ao
Purchase of Two Ford Police Utility Vehicles with OutfTtted Emergency Equipment and Graphics

BACKGROUND
The Shafter Police Department assigns a patrol unit to each patrol officer. The patrol fleet is currently comprised of 27 assigned patrol units. Two patrol units are out of service due to collision damage and three patrol units will soon need replacement due to excessive mileage, age, and associated maintenance costs. Historically speaking, the department will outfit two new patrol units each year and salvage two of the older patrol vehicles due to excessive mileage, age, andlor maintenance costs.

ANALYSIS
a Jim Burke (2022 Ford Police Utility) s33,972.65
a A.E.P (Outfitting of Emergency Equipment)
o Motorola Mobile Radio
Programming and FCC Radio Fees
Shafter Auto Body (Painted Doors)
$24,t3t.78
$3,047.48
a
$37.09
$950.00
o Finish Line Signs (Applied Emergency Graphics) $ss7.63

ALTERNATIVES
l. Approve the purchase of two 2022Ford Police Utility vehicles through Jim Burke Ford that will be outfitted by A.E.P; they will have Motorola mobile radios and programmed; the doors will be painted by Shafter Auto Body; and graphics will be applied by Finish Line Si gns for a total cost of 5125,393 .26. Recommended.

2. Retain the department's current fleet inventory and have Shafter Auto Body repair Unit #131. Not Recommended.

FISCAL IMPACT/T'UNDING SOURCE
The purchase of these vehicles was not anticipated in the 2021-2022 Operating Budget. A midyear budget allocation was authorizedby Council at the March T5,2022, Shafter City Council meeting.

Staff is consequently requesting authorization to purchase two outfitted patrol vehicles totaling 9125,393 .26 from budget item #0 1 00 -60-200-1 4-00-5 70 1 00.

CONCLUSION
Staff recommends Council approve the purchase of two outfitted patrol units to replace the units recently damaged.

Purchase of Two Ford Police Utility Vehicles with Outfitted Emergency Equipment and Graphics I
2 a
J
4 5
6 7

NEXT STEPS
Upon authorization, staff will facilitate the purchase and outhtting of two patrol units.

ATTACHMENTS
Jim Burke Quote
AEP Quote
Motorola Mobile Radio Quote
Shafter Auto Body & Paint Quote
Finish Line Signs Quote
Repair Estimate for Unit #131
Repair Estimate for Unit #182

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VEHICLE ORDER CONFIRMATION
2ø22 EXPLORER 4-DOOR
Order No: øøøø PnionÍty: L2 Ond FIN: QF943 Ond PEP: 5øøA Cust/Flt Name: CITyOFSHAFTER Onden Type: 58 PrÍce Level: 2LS
P0 Numben:

PRICE
DOC
TAX 7.25%

TICENSE

FILING FEE

TIRE FEE
TOTAL
s31,555.00
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CNGP53ø VEHTCLE ORDER CONFIRMATION
2ø22 EXPLORER 4-DOOR
Onder No: øøøø Pnionity: L2 Ond FIN: QF943
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TOTAL BASE AND OPTIONS 4ø48ø
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*THTS IS NOT AN INVOICE*
*TOTAL PRICE EXCLUDES COMP PR
Fl=HeIp F2=Return to Onder
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Page: 2 of 2
1t1
Quotation
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
Shafter, CA 93263
Ship To:

Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Date
Mar 2,2022
Page
1 Order Number
QTE0032019
Reference
202212023 Pahol Utilitv X4
PO Number Customer No.
sHAlllOl
Salesperson
.tT
Order Date
Itllar 2 2î))
Ship Via Terms
NET3O
Year Make Modêl Color state Gontract #
NA
Qtv
Ord.

4.00 4.00

8.00 4.00

8.00 4.00

4.00 Item / Vendor Part Number
LBAR03275 / EMPLB00214-035
stRE00590
stRE00462
vAcc02609
sPEA00253
slRE00566
/ ENGSAsS2RSP
/ ENGND04r01
/ ENGLMKoo8
/ Erss100J5
/ ENGSYMD0l
LEDS03676 / ELUC3H010D
Description
Agency Contact: Randy Milligan 661-978-4991
***Siren/ Lightbar Package***
SoundOff mPower 55" Exterior Lightbar for 2020+ Ford
Utility
EOS QE096788
500 Series bluePRlNT Siren, Remote Push Button,
200-Watts
SoundOff bluePRlNT Remote Node (1O-Out / 4-ln)
bluePRlNï Link Micro Module 2021 PIU
100 Watt Composite Siren Speaker with Universal Ba¡l
Bråcket
bluePRlNT SYNC Module w¡th Antenna
***Base Emergency Lighting and Siren System
Package**"
Universal Under Cover LED lnsert, s-\Mre, Red/Vvhite
(Driver side headlight assemble)
Un¡t Pr¡ce
2,539.5000
906.0000
175.0000
285.0000
168.0000
279.0000

80.0000
Iax Extended Price
10,158.00
3,624.00
1,400.00

1.140.00
1,344.00
1 ,1 16.00
320.00
Quotation continued on next page ...

Quotation Date
Mat 2,2022
Pagê
2 Order Number
QTE0032019
AEP California
10729 V\,heatlands Ave. Suite C
Santee, CA.92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley Highway
ema¡l ¡nvo¡ces to: [email protected]
Shafter, CA 93263
To
Shafter Police Department
Sgt Randy Milligãn 66'1-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
202212023 Patrol Utilitv X4
PO Number Customer No,
sHA1110l
Salesperson
.tT
Order Date
hler 2 ?O22
Sh¡p Via Terms
NtrTlN
Year Make Modêl Color State Contract #
NA
Qtv
Ord.

4.00 8.00

16.00 4.00

4.00 8.00

4.00 4.00

8.00 Itom / Vendor Part Number
LEDS03657 / ELUC3H010E
LEDS03674 / ELUC3HoT0B
LEDS0298I / PLUCTCLI
LEDS02941 / ENT3B3D
LEDS02942 / ENT3B3E
BKRT00113 / PMP2BKUMB4
LEDS03386 / EMPS2STS4D
LEDS03387 / EMPS2STS4E
LEDS03567 / PMP2WSSSB
Description
Universal Under Cover LED lnsert, s-\Mre, Blue^/vhite
(Passenger side headlight assemble)
Universal Under Cover LED lnsert, S-Wire, Blue
(Rear tail lights)
Twist-ln UC LED Collar Kit
(Twist Locks for UC LED's)
lntersector Surface Mount LED Warning Light,
RedMhite
(Exterior under mirror LED, driver side)
lntersector Surface Mount LED Warning Light,
Blue/V!hite
(Exterior under mirror LED, passenger side)
Under Mirror Bracket, mPower/lntersector, 20+ Utility,
Each
mPower Fasc¡a LED, Stud Mount, 12-LED, Red^/vhite
(Rear 1/4 window LED, driver side facing)
mPower Fascia LED, Stud Mount, 12-LED, Blue/Wh¡te
(Rear 1/4 w¡ndow LED, passenger side facing)
4" mPower 25-90 degree Glass MounUShroud, Black
Unit Price

80.0000

80.0000

4.2500
1 80.0000
180.0000

20.0000
119.5000
119.5000

9.5000
Extended Pricc
320.00
640.00

68.00 720.00
720.00
160.00
478.00
478.00

76.00 Quotation cont¡nued on next page ...

Quotation Date
Mar 2,2022
Page
3 Order Number
QTE003201 I
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafler Police Department
201 Central Valley Highway
email invoices to: [email protected]
Shafter, C493263
Ship To:

Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
202212023 Patrol tJtilitv X4
PO Numbêr Gustomer No.
sHA'rl0'l
Salesperson
.tT
Order Date
rl'ler 2 21t22
Ship Via Terms
NtrT?N
Year Make Model color state Gontract #
NA
Qtv
Ord.

8.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00
Item / Vendor Part Number
LEDS03375 / EMPS2QMS4J
LEDS03811 / EMPSISLSrR
LEDS03810 / EMPSISLSIB
LEDS02941
LEDSO2942
LEDSo3192
LEDSO3193
BUMPOO722
/ ENr3B3D
/ ENT3B3E
/ ENFRMS3(D)
/ ENFRMS3(E)
/ BC0523|TU20
Description
Qtr Glass Mount
mPower Fascia LED, Quick Mount, 12-LED, Red/Blue
(Lower exter¡or rear facing LED's "License Plate")
mPower 3" Stud Mount,4-LED, Red
(Lifrgate open LED, driver side)
mPower 3" Stud Mount, 4-LED, Blue
(Liftgate open LED, passenger side)
*..Push Bumper w/ Front Lighting**.
lntersector Surface Mount LED Warning L¡ght,
RedMhite
lntersector Surface Mount LED Warning Light,
Blue^ /hite
nForce LED, D12, RedMh¡te, Replacement Module
nForce LED, D12, Blue^/vhite, Replacement Module
P8450-LR Push Bumper, SoundOff nForce/lntersec,
2020 Utility
*-2020 Utility Rear Lighting Option***
Unit Price
119.5000

73.0000

73.0000
180.0000
180.0000

95.0000

95.0000
465.0000
l'ax Extênded Pric€
956.00
292.00
292.00
720.00
720.00
380.00
380.00
1,860.00
Quotation cont¡nued on next page ...

Quotation Date
Mar 2,2022
Page
4 Order Number
QTE00320l I
AEP California
10729 \MeatlandsAve. Suite C
Santee, CA92071
Phone: (6rg) 596-1925 Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
Shafter, C493263
To:

Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
202212023 Pãtrol Utilitv X4
PO Number Customer No.
sHAl1101
Salesperson
.tT
Order Date
Mer 2 2O22
Ship Via Terms
NtrTlO
Year Make Model Color State Contract #
NA
Qtv
Ord.

8.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00
Item / Vendor Part Number
LBAR03785 / EMPS8007Z-8
BKRT00074 / PMP2RS10l
tNST05526
tNST05526
PATC00263
BKRTOOOg2
BKRTOOOgl
vAcc02241
vAcc02325
vAcco1714
/ Parts
/ Parts
/ PP-BU1-SO-001-A
/ Pru20-EQUTP-001
I s249-3200
/ B07PPLK8L4
/ 491-SC36MP
/ AEP-SW-|DLE
Descr¡ption
3-\Mre mPower Fascia LED, Stud Mount, 18-LED,
Red/Blue/VVhite
Under Spoiler mPower Bracket, 1-Module, 2020 Utility
"**Base Electrical System / Theft Prevention***
Patrol Power FasTech Wre Harness, Utility, 8P500,
Pr¡mary
Patrol Power FasTech Wre Harness, Util¡ty, BP, Under
Hood
Palrol Power Plug-n-Play Wire Harness, Universal,
Bumper
Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+
Utility
Under Hood Remote Node Mounting Bracket, 2020 Fo¡d
Utility
RJ45 Splitter, 1-Male to 3-Female, Use for BP

SYNC/LINK/CP
Compact Foot Switch W Mounting Plate
Switch, ldle Security, Off-On
Unit Pr¡ce
I 32.5000

40.0000
1,599.0000
299.0000
r r 8.0000
140.0000

43.2000

18.0000

74.5000

12.0000
Extended Price
1,060.00
160.00
6,396.00
1,196.00
472.00
s60.00
172.80

72.00 298.00

48.00 Quotation continued on next page ...

Quotation
sh To:

Date
Mar 2,2022
Page
5 Order Number
QTE0032019
AEP California
10729 WheatlandsAve. Suite C
Santee, C492071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Pol¡ce Department
201 Central Valley Highway
email ¡nvoices to: [email protected]
Shafter, CA93263
Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
2ñ)?lt¡2? Pâlrôl t lt¡l¡tv X¿
PO Number Customer No.
sHAl I I Ol
Salesperson
.tT
Order Date
l\Ä^t ? tî22
Sh¡p Via Terms
NtrT3N
Year fuake fvlodel Golof state contfact #
NA
Qtv.

Ord.

4.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00

4.00 8.00
lfem / Vendor Part Number
vAcc00342
vAcco1453
DOME00005
| 13-100
/ AEP-LABEL-CAR(
/ ECVDMLTALOO
coNs0l598
FACE00547
FACE00845
FACE00232
| 7170-0735-00
I 7140-0441
I 20032
/ C-E825-MMT-1P
FACE00799 / c-PS-3
coNS00354 / C-ARM-104
coNs01276 / MMBP-2s
Description
Toggle Sw¡tch, Off-On, SPST..

Sw¡tch Label Plaque, "Cargo Dome, Door-Off'
LED Dome Light, Red^/Vht,Universal (Rear Lift Gate)
*"*Center Equipment Console***
"Short" Console Packege w/ Cup, 10"14.5",20+ Util¡ty
2-Pc Equipment Brackets for Scanner, 2.25"
FP- Sound Off 500 Series Remote S¡ren, 3.5"
Havis Faceplate for Motorola APX Dash Mount Radio,

2.5"
PB 2012-09-01
Console Faceplate W (3) Contura Sw¡tch Cut-Outs, 1.5"
Arm Rest, Adjustable
P82012-09-01
Magnetic Microphone Mount
Unit Price

10.0000

8.0000

63.0000
451.5000

0.0000

0.0000

26.5000

20.7500
1 50.0000

35.0000
Iax
N
N
Extended Pric€

40.00 32.00
252.OO
1,806.00

0.00 0.00
't06.00

83.00 600.00
280.00
Quotation continued on next page ...

Quotation
shi To:

Dale
Mal 2,2022
Page
6 Order Number
QTE003201 I
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley Highway
ema¡l ¡nvoices to: [email protected]
Shafter, C493263
Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
2Ot)1202? Pâlrôl I lt¡l¡lv X¿
PO Number Customer No,
sHA1110l
salespenson
.tT
Order Date
lllar 2 2O22
Ship Via Terms
NFT3O
Year Mal(e Mode! Color State Contract #
NA
Qtv.

Ord.

4.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00
Item / Vendor Part Number
vAcc00560
vAcco1l01
vAcco1102
vAcco2798
| 44385
| 11010
I 11011
/ B08DD4BH6G
DOME00005 / ECVDMLTALo0
coMP01718 / GDVPG2
coNS01634 I 7160-1216-09
ANTE00779 / GPSB
Description
Rocker Switch Blank Panel Plug..

DC Power Port
DC Power Port Cap
USB C & USB A Dual Port Car Charger Socket Power
Outlet
- Mounted on Passengerside Console Factory Aux
Location
LED Dome Light, RedMhite, Universal
*..Computer Mount (Getac V110).-.

Docking Station for V11 0 w/screen stiffener, Tri-RF
Pass
Lind power supply included
Mongoose XLE 9" Motion Attachment
***Radio and Data Antenna***
Sharkee Multi-Function Antenna, Cell/ \NiF¡/ GPS +
Whip
Un¡t Pricê

4.0000

5.0000

1.0000

24.0000

63.0000
999.0000
393.4000
170.0000
fax Extended Price

16.00 20.00

4.00 96.00
252.00
3,996.00
1,573.60
680.00
Quotation continued on next page ...

Quotation Date
Mar 2,2022
Page
7 Order Number
QTE00320l I
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
Shafter, C493263
To:

Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
202212023 Pâtrol Ljtilitv X4
PO Number Gustomer No.
sHAll101
Salesperson
.tT
Order Date
¡Jlâr ? ?O2t
Ship Via Tefms
NtrT?N
Year Make Model Color state contract #
NA
Qtv.

Ord.

4.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00

4.00 4.00
Item / Vendor Part Number
ANTE00973 / C2gSP-sSJ-CELL
ANTEO0814 / C32SP-5SP
/ C23FP-5SP
I c23F-5M
/ AFGB-S4
ANTEOO974
ANTEO0782
ANTEOO79l
RADt00511
RADt00726
ANTEOOOS9
ANTEOO364
tNST05526
/ BCT1sX
/ BC15
/ NMO150/450/800
/ NMOKHFUDFME:
/ Parts
Descr¡ption
RF Extension Cable for Cell/LTE, SMASocket to SMA
Plug, 16'
WFiAntenna Extension Cable, 16', SMA
RF Extension Cable for GPS, RG174, FME Plug to SMA
Plug, 16'
RadioAntenna Extension Cable, 16', Mini-UHF (MPL)
Antenna W"ì¡p (Sharkee), UHF, 450-470 MHz
*"*Scanner***
Mobile Public Safety Scanner
External Scanner Speaker, 15 Watt
ScannerAntenna, VHF/UHF/800-940MH2, MNO, Black
MNO Antenna Base / Cable, 25' LMR195 w/ FME
RightAngle BNC Male Plug to FME Male Plug Adapter
Note: Program Scanner to Kern Sheriff File
Unit Price

21.0000

31.0000

17.0000

17.0000

28.0000
240.0000

40.0000

41.5000

35.0000

15.0000
Íax Extended Price

84.00 124.00

68.00 68.00
112.OO
960.00
160.00
166.00
140.00

60.00 Quotation continued on next page ...

Quotation
sh To:

Date
Mat 2,2022
Page
Order Number
QTE003201 I
AEP California
10729 Wheatlands Ave. Suite C
Santee, C492071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To
Shafter Police Department
201 Central Valley
email invoices to:

Shafter, CA93263
Highway
[email protected]
Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
2O?212O?? Pâfrôl I llil¡tv X4
PO Number Customer No,
sHA11l01
salespersion
JT
Order Date
ltllat 2.2O22
Ship Via Terms
NET3O
Year Make Model Golor State Contract #
NA
Qtv
Ord.

4.00 4.00

4.00 8.00

4.00 4.00

4.00 4.00
Item / Vendor Part Number
PRtS01937
PRrS0r938
PRt502030
DOME00045
vAcc01450
/ PK1186|TU20-TM
/ QK0566|TU20
/ wK0595rTU20
/ ECVDMLTST4G
/ AEP-SW-DOME1
GUNM00747 / GRPXXX6BIX232
GUNM00513 / AR-TDP-GUARD
GUNM00753 / GRCXXXIXSG23:

Description
***Prisoner Transport*.*
1OXL C2 Partition, Recessed, Poly Sliding, -lM, 2020
Ut¡lity
Transport Seat w/Poly Partit¡on, Center Belts, 2020
Utility
Window Barriers, Polycarbonate, 2020 Utility
Universal lnterior Cargo LED Dome Light, 6"x3", Gray
Switch, Rear Dome Light, On-Door-Off
.**Front Weapon Mount***
Gun Rack Partition Mount, SC6 MBarrel / SC1, #2 Key,
32"
AR-15 Takedown Pin Guard
***Rear Less-Lethal Weapon Rack***
Gun Rack, Single 870, Under Cargo Guard, SC1, #2
Note: Mount Under Cargo Guard
Unit Pr¡ce
850.0000
1,280.0000
270.0000

26.0000

10.0000
640.0000
190.0000
317.6000
Iax Extended Pr¡ce
3,400.00
5,120.00
1,080.00
208.00

40.00 2,560.00
760.00
1,270.40
Quotation continued on next page ...

Quotation Date
Mar 2,2022
Page
I
Order Number
QTE0032019
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA92071
Phonê: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafler Police Department
201 Central Valley Highway
email invoices to: [email protected]
Shafter, C493263
To:

Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Cenhal Valley Highway
Shafter, CA, 93263
Reference
2O?2120?3 Patrol I lfilitu X4
PO Number Customer No.
s!.talíln.l
salesperson
JT
Order Date
Mât 2.2022
Ship Via Terms
NET3O
Year fvlal(e Model color State Contract #
NA
Qtv.

Ord.

4.00 8.00

4.00 4.00

4.00 180.00

4.00 Item / Vendor Part Number
sToR00817 / P|U20-CARGO-K|']
DOME00045 / ECVDMLTST4G
uTtL0r516 I 25614
| 862
/ D3805
vAcco1552
vAcc00098
LABO90001 / AEP TNSTALL
SHOP90006 / Shop Supplies
Description
***Rear Cargo Storage System***
Cargo Guard w/ Hinged EZAccess, 2020 Utility
w/Setina 12VS
Un¡versal lnter¡or Cargo LED Dome Light, 6"x3", Gray
(lnstall under cargo guard)
Fire Extinguisher, SlbABC Dry Chem
Heavy Duty Fire Extinguisher Mounting Bracket, Rubber
Straps
Pro-Gard Trunk Organizer that includes 5 dividers and
Poly L
*..lnstallation/ Freight...
lnstallation Labor Services (45 hours each)
EW-Certified Technician Labor
lnstallation Materials / Shop Supplies
***Veh¡cle Transport and FreighVShipping***
Freight / Shipping ($200/ Vehicle)
Un¡t Pr¡ce
955.0000

26.0000

58.0000

55.0000
240.5000

95.0000
150.0000
lax
N
Extended Pricc
3,820.00
208.00
232.00
220.00
962.00
17,100.00
600.00
800.00
Quotation cont¡nued on next page ...

AEP California
10729 \Meatlands Ave. Suite C
Santee, CA92O71
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To:

Shafter Police Department
201 Central Valley H¡ghway
email invoices to: [email protected]
Shafter, C493263
Quotation
sh¡ To:

Date
Mar2,2022
Page
10 Order Number
QTE0032019
Shafter Police Department
Sgt Randy Milligan 661-746-8500
201 Central Valley Highway
Shafter, CA, 93263
Reference
202212023 Petrol Lltilifv X4
PO Number Customer No.
sHA11101
Salesperson
.tT
Order Date
^Ia|
2 2022
Ship Via Terms
NtrT3O
Year Make Model Color State Contract #
NA
Qtv.

Ord.

1.00 Item / Vêndor Part Number
|NST05685 / CSM
Description
Transportation / Delivery, AEP California to Jim Burke
Ford
Note: New Veh¡cles to Be Drop Shipped to AEP
(88WPL3)
**"Customer Supplied Equipment**.
-Motorola APX-4500 Dash Radio Kit
Unit Price

0.0000
Thank you for the opportun¡ty to earn your business
Terms & Conditions:
. ESTIMATES VALID FOR 30 DAYS
o Orders will be invoiced upon notification of completion . Returns subject to 25% restocking fee. No returns on special order items.
. Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.

SIGNATURE (not required if Po/contract is issued)
Parts
Labor / Services
Trans/Trip/Fee
Shipping
Order Discount
71,055.80
17,100.00
1,180.00
800.00

0.00 Subtotal
Total sales tax
90,135.80
6,391.30
Total order 96,527.r0
DRAFT eluüTr-1a\vÕ27 6 *tt,:l|oFlr,'.A sr)l-ur/i7rus
I

SHAFTER POLICE DEPT, CITY OF
o3t07t2022
anyone other than those required to evaluate the lnformation w¡thout the expræs written perm¡s'sion of l\rotorola. property of their respective owneE. O 2020 [¡otorola Solutions, lnc. All rights rserued. o NOÌONOLA SOLUTIANS DRAFT QUOTE-1687627
Quote Date:0310712022
Expi ration D ale:06 I 05 I 2022
Quote Created By:

Daniel Schaschwary
Customer Engagement Specialist
Daniel.Schaschwaryl @
motorolasolutions.com
(708) 553-6625
End Customer:

SHAFTER POLICE DEPT, CITY OF
Contract: 17724 - HGAC (TX)
Line # Item Number Description Qtv List Price Disc % Sale Price APXTM 45OO
M22SSS9PW1AN $1,858.00
$145.00
1b
G24ÞX.

G843AH
1c GA00804AA
1d G832AD
1e G89AC
1f G444AH
1g GA00235AA
APX45OO UHF R2 MOBILE
ENH: 3 YEAR ESSENTIAL SVC 2

27.jyo
$523.00

0.0%

27.0%
$541.00 27.Oo/o
$67.00 27.0%
$0.00 0.0%
$0.00 0.0%
$0.00 0.0%
ADD:AES ENCRYPTION AND
ADP
ADD:APX 02 CH (GREY)
ADD: SPKR 7.5W WTR RST
APEX
ADD: NO RF ANTENNA
NEEDED
ADD: APX CONTROL HEAD

SOFTWARE
ADD: NO GPS ANÏENNA

NEEDED APX
2 2
$1,356.34
$145.00
$381.79
$394.93
$48.91
$0.00
$0.00
2 2
2 $o.oo
th w22BA ADD: STD PALM MICROPHONE
APX
2 $79.00 27.0% $57.67
1i G308AD ADD:USB DATA INTFC CABLEDASH APEX
2 $55.00 27.0o/o $40.15
1j G66AW ADD: DASH MOUNT 02 CH
WWM
2 $138.00 27.Oo/o $100.74
Motorcla's Standard Tems of Use änd lvotorola's Siandard Tems and Cond¡tions of Sals and Supply shall govem the purchãse of the Producis.

Motorcla Solut¡ons, Inc.: 500 Wæt lvonþe, united States - 60661 - #: 36-1115800 fD

o fltoÍo|no¿,A scLUTtaNs DRAFT QUOrE-1687627
Line # Itenr Nurnber Descrrption Qtv L¡st Price Disc '1, Sale Pnce 1k Q811BU ADD: SOFïWARE P25

CONVENTIONAL
$715.00 27.0% $521.95
Grand Total $6,094.96(USD)
Notes:
¡ Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices.

Motorcla's Standa¡d Tems of Use and Motorola's Stândard Tems and Condlt¡ons of Salæ and SuÈply shall ¡iovem the purôhaso of the PþãucG.

Motoþla Solutions, lnc.: 500 W*t Monroe, Unlted Stal6 - 60661 - #: 36-1 1 15800 2 o

$ notonc,l',A soLurtoNs
Purchase Order Gheckl ist
Marked as PO/ Gontract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, lnc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equalto the Legal Bill-To Name Bill-To Address
Ship-To Address (lf we are shipping to a MR location, it must be documented on PO) Ultimate Address (lf the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Exceltemplates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Gontact Name & Phone #
Tax Exemption Status
Signatures (As required)
¡! LrSTfll l-rlù t"d80RANú Mt\l[nßl-$
l.rffìíJÂ! riüHl,r-ÀialilSj NOl tlrNDlìrrj - tSlriiiAIES l-Bit:

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SUBT¡'T REPAIRS
TOTAT
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I
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r'Ail L i,lìri:i, t';l.ìi., {i:'s¡,,..If},ritU L{$AL0' t r;!ì:;ü¡fí¡i,¡:f hICi LlS,: 5LigJt.l;, I0 0it.tl,.,,i ito:lT i()lic¡ Tii¡At lv:itïülilAtfì
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llttrif'nfSRthl0v!.Df'fi0MCArlf W¡ll 3[.tUNKEf]tltiLESßflïHËlìU/'lSf |NÍ;TRUÛTCÐ[.] t',¡nltr¡Jr].

IllI Al]Ovi: ls Ari !stlMl\Tl: BAsËD 0f'! ûrJR lNsp[0It0l,irr;tD irú!.i iliT 00\rËfì ADDtTt0Nf r. pABIs 0ß LÁrJ0R r,Htch titAy ut: lìl{)'lrnEnAFTIßTii[y/0ÍìKliASR[[t¡()Pi:Nt:i.]Ul'. C0CASlllJAl ti,ÁiTirR\1'0ìhtið"f.5TAtìIrD,\{iì¡lNp¡RÍSÂnt:ûls(,r,rri ht.l !,vill0H/{rlf lj0l I Jlrl¡'ri t)ll lllJiil llisPiclrüi{. g[c,lusf 0r- il-tis, tiit riûùvi tlRtcESAtì[. NOT tit,l.RANIrtD.

ISIIMATET' BY

BY OWNER
ÂG[NI
Ê,.do@,Dû1ûl 03-1t
ÂND A(;TEITED
ß.pl,B0tfD itY PAto ûu:'. t0ti' & s'f0RAGE
.tlÁ¡&,.

Finishline Signs
PO Box 80454
Bakersfield, CA 93380
Estimate
Date Estimate #
|21/2021 I 065
Name / Address
Shafter Police Dept.

M. Hocevar
201 Central Valley Hwy
Shafter, Cl.93263
661-203-8522
Project
Description Qtv Rate Total
Set of Decals for Ford Police Vehicle. All Decals, Refìective 3M Material and Laminate

SALES TAX
Design and Install
I
I
450.00

7.25Y"

75.00 450.00
450.00

32.63 75.00
Total $557.63
:ì.1 t' /or'/
I
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ÁS USIED tOB L4B0R AND M/\THìlÂtS
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date: April5,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT: TIME EXTENSION FOR TENTATIVE TRACT NO. 6467, PHASE 2

RECOMMENDATION
Council find the City of Shafter adopted a Negative Declaration for Tentative Tract No. 6467 on February 15, 2005 (Resolution No. l7l7), therefore no additional CEQA analysis or documentation is required for the extension of time; conduct a public hearing; and adopt Resolution 2853, a Resolution of the City Council of the City of Shafter approving a two (2) year extension of time for Phase 2 of Tentative Tract No. 6467 located on the south side of E. Fresno Avenue between Mannel Avenue and N. Beech Avenue, within the City of Shafter. Subject to the conditions approved on February 15,2005 to expire on February 15,2024.

BACKGROUND
The City Council approved Tentative TractNo. 6467 onFebruary I5,2005,located generally east of Mannel Avenue and south of East Fresno Avenue (see Exhibit l). Phase 1 of the map, including 62 residential lots, was recorded on May 31,2006 and was developed with the development name of "Almond Grove". Phase 2 of Tentative Tract No. 6467 subdivides approximately 27 acres into 90 single-family residential parcels ranging in size from7,892 square feet to 1-113 acres, and a drainage basin lot. On February 9,2022, Bryan Jeffries, on behalf of the property owner Jeffries Family LP, requested approval of an extension of time to record Phase 2 of Tentative Tract No. 6467 (Exhibit 3). The applicant has indicated that the extension is needed because they are still waiting for the right opportunity to develop the property. The applicant has made a significant investment in preparing the property for development including obtaining an approved grading plan as well as providing funding for the development's share of the sewer outfall line that was constructed in Beech Avenue in 2008.

PROJECT ANALYSIS:

The original expiration date for the map was February 15, 2007. A development agreement recorded with Phase I of the map extended the initial life of the map for five years from the original date of approval. Subsequent to the expiration of the development agreement on February 15, 20II, the map remained active due to numerous extensions of time approved by the State legislature and City Council approval of two, 2-year discretionary extensions of time.

PUBLIC HEARING
Time Extension for Tentative Tract No. 6467,Phase 2
During the City Council hearing held on February 6,2018, a number of area residents raised concerns about traffrc, public safety, impacts to Aldrich Drive and Padre Drive, access to and from Fresno Avenue, property values, and increased residential density from the development in Phase 2 under Tentative Tract No. 6467. In approving the time extension, the City Council directed staff to memorialize the comments received and outline how the issues would be addressed: "prepare a memorandum documenting the public hearing comments regarding trffic safety, entrance and exits at Fresno Avenue and Aldrich Drive, and land density as proposed on the Tentative Tract Map 6467, for the purpose that these comments be referenced by City staff to mitigate in a Development Agreement at the time development is proposed under the extension of this map or any mop proposed in the future. " (quote from February 6,2018, City Council minutes). This direction from the City Council is memorialized in a memorandum provided in the project file. To record the final map for Phase 2 of Tentative Tract No. 6467, the developer is required to obtain prior of approval of a Development Agreement from the City of Shafter. The purpose of the Council's direction is to ensure that the final design for Phase 2 provides a cul-de-sac and wall on Aldrich Drive to prevent Phase 2 trafftc from utilizing Aldrich Drive and Padre Drive through Almond Grove Estates and that the redesigned map provides two ingress/egress points on Fresno Avenue. City staff is also directed to perform traffic impact and safety studies for Mannel Avenue, Fresno Avenue, and other applicable side streets for Phase 2 development. These issues will be adequately addressed through the Development Agreement for Phase 2 when the property is developed.

The applicant has requested an additional two-year extension and approval of the request would result in Tentative Tract No. 6467 expiring on February 15,2024. The current request would be the final discretionary extension and the map will expire if it is not recorded by the new expiration date. Because the Development Agreement recorded for Phase t has expired, approval and recordation of a new Development Agreement would be required if the applicant chooses to record Phase 2. Inan effort to ensure that all residents in the developed portion of Tract 6467 were made aware of the current extension of time request, the notification boundary was expanded to ensure that all property owners within the Phase I portion of the map (Almond Grove Estates) were mailed a hearing notice.

The Planning Commission considered the proposed extension of time at the March 8,2022 hearing. After taking public testimony, the Planning Commission unanimously recommended that the City Council approve the requested two-year extension of time for Phase 2 of Tentative Tract No. 6467, subject to the conditions approved by the City Council on February 15,2005, under ResolutionNo. 1717.

CEQA:

The City of Shafter adopted a Negative Declaration for Tentative Tract No. 6467 Phase 2 on February 15, 2005 (Resolution No. l7I7). Therefore, no additional CEQA analysis or documentation is required for the extension of time.

Time Extension for Tentative Tract No. 6467,Phase2

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

ALTERNATIVES
The map would expire if the requested extension oftime is not approved. Any future development of the property with a residential subdivision would require the developer to obtain approval of a new tentative tract map.

ATTACHMENTS EXHIBIT
Vicinity Map
Tentative Tract No. 6467
Extension of Time Application
Resolution No. 1717 with Conditions of Approval
Resolution No. 2853
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TENTATIVE TRACT 6467 EXTENSION OF TIME
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EXHIBIT 1
TENTATIVE TRACT NO. 6467 - EXTENSION OF TIME
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TFNTATI!€ IRÀCT NO 6467
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EXHIBIT 2
Tent.MapN, å'{6epplicationFea$ ooo,oo Receipt no,"tkïI,-' ,ÍjrJf:,f, Bystar J-('t-zc>zz.

CITY OF SHAFTER
Planning Depertment
336 Paciflc Avenue
Shaftcr, California 93263
(661) 746-s002
TENTATIVE SUBDIVISION/PARCEL MAP EXTENS¡ON OF TIME

APPLICATION FORM
To expadite processing of this Extension of Time Application, and to eliminate unnecesaary delays to the applicant, Planning Staff will ¡g¡! accept this application unless all items have been completed and this application form has been signed and dated. ln the event errors or omissions are discovered, the application will be deemed incomplete and will be returncd to the applicant for revision.

APPLICATION IS HEREBY IIADE TO THE PLANNING DEPARTMENT THAT:

Name: i<5 phone .{{ ( ^ 2bo1
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City: State zip:

E-mailadd
Apolicant or Aoent (attach sheet if more than one applicant) Name: Phone: ( )
Address:
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City: State:

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BE GRANTED AN EXTENSION OF TIME FOR:

Tentative Subdivision/Parcel Map No:

Reason(s)for and supporting the requested extension I Ja;f ; ¡r fr-- zip:
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1 EXHIBIT 3
Subdivision/Parcel Map Extension of Time Form

APPLICANT'S SIGNATURE AND DATE INDICATES COMPLETION OF THE APPLICATION.

I certify the record owner or authorized agent and that the i filed is true and best of my knowledge.

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Owner's Date
Applicant's or Agent's Signature Date
Subdivision/Parcel Map Extension of Time Form 2
RESOLUTION NO. 1717

A RESOLUTION OX'THE CITY COUNCIL OF THN CITY OF
SHAX'TER APPROVING TENTATTVE TRACT NO. 6467 AS DEPICTEI)

ON THE ATTACHED MAPS
\ilHEREAS, the City of Shafter has extensively studied existing and proposed land uses and zoning patterns in the area surrounding the subjeot site; and \ryHEREAS, the laws and regulations relating to the preparation and acloption of environmental documents, as set forth in the City's Local Guidelines Implementing the California Environmental Quality Act have been adhered to; and
WHEREAS, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration r¡/as prepared and posted on December 28,2004,in accordance with CEQA; and
\ilHEREAS, the Planning Commission did, on January I1,2005, approve Resolution No. 05-47
, a Resolution of the Planning Commission of the City of Shafter recommending Cþ Council approval of Tentative Tract Map 6467, as depicted on the attached maps; and WHEREAS, a timely and properly noticed public hearing for Tentative Tract 6467 (Resolution No. 17U) was held by the City Council of the City of Shafter on February 15,2005, at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative TractMap No.6467.

NO\il, THEREFORE, BE rT RESOLVED AS f,'OLLOWS:

1. That the above recitals, incorporated herein, are true and oorrect.

2. That the Negative Declaration is hereby approved.

3. That Tentative Tract Map 6467 as outlined abovg is hereby approved with conditions of approval as shown on Exhibit 6
THIS lssth DAY OF February,2005
Ìrran Florez, Mayor

AT'TEST
P
Dolores Robinson,
EXHIBIT 4

CERTIFICATE OF GOVERNING BODY'S ACTION

STATE OF CALIFORNIA

COUNTY OF KERN
I, Dolores Robinson, City Clerk of the City of Shafter, California, DO IIEREBY CERTIFY that the above and foregoing Resolution of the City Council of the City of Shafter was duly passed and adopted at a Regular Meeting held on the 15th day of February, 2005, by the following vote:
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AYES:

NOES:

ABSENT:

ABSTAINING:

DATED:
(SEAL)
Prout, Colvard, Johnston, Nelson & Florez
None
None
None
Februaw 7 ).OO5
City Clerk of the City of
T'TIN]'ATIVE ]'TTACX' NÛ. 64(i7
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'Ihe tleveloper(s) (hereinaffe¡:refi:¡red to as'Develo¡:er"), af theirsole cost and experrsc,,shirll delbntl, indernnify and hold hannless the City of Shafter (hereinafter-rcleuetl to as "Clity"), its agenl.s, legislative lrocly, officers oucl ernployecs in any legal or ndnrinistrativc actio¡, claim or ¡loceecliltg concerning approvalof Tentative Tract No. 6467 (ltereinafter r.clþrre¿ {o ¿ts "'IT 64(t7") or, at its election and in the altemative, .shall relinquish such approval.

I)evcloper shall assume the defense of the City in any such legal or adniuistr.ative action, claim ot'proceecling witlr legal courrsel paicl for in the e¡rl,irefy by Develo¡rer, llrt subjecf to fhe Clity's reasonabfc zrp¡:rrovals. I)evelo¡ler shall also reinrbunse (he Cìity, ils a¡;ents, lcgisfalive lxrcly, offÌcers ¿tlltl employees f.'or any juclgrrcnls, ¿ìtronrtts ¡rnid irr selllcnrenis" cout't costs alrd attotueys' fees which fhe City, its agents, Iegislativc bocly, officers and ernployces may be r-eqnired to pay at court as ¿ result of such actiorr, claim, or proceeding.

The City rrray, at its sole cliscrelion, participate at its orvn ex¡rerue in the defense "ofany such etctiou, clairn or proceecfing, but such participation shail uot relieve f)eveloper of theil obligatious under this condition.
'l'he folJowing disclosure shall be given as ¡rart ol. tra:lslbr of propeÍies: "If your real property is near pro¡rerty used for agricultural operations, you nray be subjcct to iucc¡tvcniences or discomfi¡rts ari.sing fì'om suoh opelations on any 24 liour basis. Said clisconrfbrtsrnayincluclo, lrutnotbe limite<l fo etluipment noises, odors from manure orother chemicals, antl clust or smoke. The City has detcrnrirred that the use of real proltcrty ftr agricultural operafions is a high priority and favored use to the City and Ker¡: Counfy ancl vvill not be consideted a nuisance for those inconvenicnces or'<li.scomfr¡rts arising lroln aglicultural opeiations, provicled such operations arc consisfent with accepted customs, stan<larcls, ancl larvs."
Developer, ol the geneml confractor, shall submit a list of all contractors and/or subcont¡'actors ¡rerfomiing work on 'I'T 6467 trc the City Achninistrativc Sen¡ices Department ¿rnd such contractors ancl sr¡bcontracto¡'s shall obtain valid br:siness licenses to do irusiness a¡rd/ol rvorl< in the City.
[.]ntil allportions of 'fT 6467 have becn corrpleted, all vacant and undevelopcrl lantl shall lrc nrair¡tained within the bour:daries ofTT 6467 in aweed-fice and clean ancl orderly n:anner by Developer. Should said property not be so urâintainecl, the City shall notify properly owner that thc propefly is to be cleaned witliin thirty days of receipt of said notice. If pt operfy ow¡rer does not conrply withiu the required tiure fi'ame, City rnay then clear the land and bill propefly owner for expenses ir:curred.
'Yl' 6467 sh:ill expire twenty-four nroúhs fi'om the date of a¡r¡rroval by tlrc City Council, unless an extensiorr is grantetl by the City Council. Should an extension be reqnested, the ap¡rlicanl:, not less than .sixty rfays ¡rrior to fhe expiration date, shnll submit to the City in rvritìttg, a rec¡ucst for a¡l extellsion of that a¡:¡:roval in accordance with thc ¡rrovisiorts ol"City Clodes.
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5. EXÏüIBIT B
() Dcve f opr:r,'^hall ¡ray all clct,elopn:r:nl ltur$ arrtl inl¡ract lÌ:cs adoplecl bV the ('lif1, ilt clJì:ct at {lle tiule r:f issr¡â)1c:c ol:arìy briilding ¡rcnuifs.

Devcloper: shall conr¡:ly with thc latest LJniJbrm lluildÍng Corle, lJnilbrm Mech¡rnjcal C]ode, U¡tifoun Plumbíng CJotlo, National Electrical Cocle, Unjfbrm liir-e (hde and ¿rll other applicable cocles, ortlinanccs,legulafions, a:rcldevelopnrerrt sfalrclar<is in effbcf at the time of' issu¿nce of relative pernrit.s.

ITLÁ.NNfNG
'1"'I 646? shall confornt to the iu-lieu park fee rueasures (QuinrbyAcr) of the City o¡g¡tn¡t*', Saicl fbes .shall bc paid prior to recordation of the Final Map. irr licu ill'll.le constructíolr olalle¡'s, L)evcloper shall pay rejìrse ca¡lai:íty lce as rcquir-ccl try Olclinance No. 35 I . Reluse ca¡racity l'ee shall lre due and ¡rayable prior to recordation o j'a FinalMap.
il
Priol to tecol clation of Tract 64(>7 ,
lhe developer sirall entel irrto a development agreement rvitli the City of Shafter'. 'l'he development agrcenrent shall acldless issues i¡lch¡ding, but r:ot Iinrited to minimurn .square footage of resiclential units in the sul¡cljvision, an<J lb¡:lnation of a Mello-Roos clistrict for school development.

Tlie ShalierrWasco L'rigation Dishjct (SWID) has a turnout on lhe northeast colner of the sulrject site. llhe outlet rvill nsed to renrain in ¡rlace to serice undeveloped fbrm land in the ¿u ea.

12. Priorfo issuauce of eacir buildingpermit fbr houses withjn'l'T 64()7,I)eveloper shall submit a sìtc plarr to the City Planning Department for revierv and approval. 'Ihe site plarr shall refurence the floor pl an layout ancl builcliug elevations, inclu<ling extel io¡' building matelitrls iuld colors, for each of the singlc'farnily rcsideuces to be conslructed tvithin TT 6467. AII arcliitectural features of each single-faurily residence and all landscaping requirements set forth itt Section 2.80, Chapter 2, Title I7 of the Sha!:ter Municipal Code (Design Review) shall be adlierecl to. All roofs constructecl within T'I' 6467 shall be of concrete file or llresfique I Iligh Dclinition lrranufàctured by EL,K Coqroration in Sirafler, its cc¡uivatclt, or llettr:r.

Develo¡rer tr¡ay rcquest approval to substitute equivalent housing plans in lieu of any of the plans providecl as ¡:art of the application for TT 6467, Tlre City's Pr-oject Assistance Teanr shall detennitre, in the exercise of its leasonable discretion, whether a proposed substitute is equivalent to the couespouding floor ltlan and elevation previously ¡rrovidecl as a rcquirement of Section 2,80, Chapter 2, Title 17 of the Shafter Municipal CocJc. At a nlinimutrt, however, the ¡:ro¡:ose<l equivaleirt plan must be of the same or g¡eater size than tlre plarr it is intencJecl to repl:rce within 'l"T 6467. 1 I
().

I0.

I :i. llcvelol:er .sh¿rl! .strb¡nif. a concc¡rftlal l¡nrJsc¿r¡rilg plan Jbr all publically l¡:ri¡tai¡led lanclsca¡ring {o ll¡cr JÌlitrt¡ting De¡rar'(rrrent fol a¡rtr:rrlvül ¡:rioL t6 rccorrJaf ioll ol.túe ììírra} \4ir¡.r, or firs{ phasc oJifhe F'inal nrup.

AII rooflmounled air coltlitioning equi¡:nrentshall be located on the rcarportion of the roof riclge line in st¡ch â manncr âs to bc screened a.s ¡nuch as practical from view l}rom public streets.

14. 15. witll the except¡on of model houses, as providctf i¡r sectíon 3.0g0, chapter 3, Title 16 (Subdivision Orcfiuance) oJltlrc Shafter l\4unicipal Codc, no buildingpennit sh¿ll be issued by the City until TT 6467 has been recorcled pursuaut to the requirements of Tirle 16 (Subclivision O¡'clinance) and Title 17 ('Loning Ordinance) of the Shafter Munici¡ral Coclc. lÓ. Priol'1o lecolclaticln r:l''l-raci 646'l ,lbe subdiviclot shall reurove "'(-'¿rnlrel" an<l "\4issicln'" Stleets litnt the nrap and l'eulove Milorv fi'om the list of altemative strects. 'Ihe gll Coorclin¡rtor díd rrot approve fhose threc street names.

17. AII requirements of Secfio¡l 2.80.6 (Residential Subdivision Lancl Use Design Crifcr.ia )of the City's laningOrclinance shall bc tnet.
.BUIÏ,DING

18. Pl'ivate chives constntctecl of Portland cenrenf-conclete shall be coustlucteci af a urinimrun rvjdth of l6 feet fi:onr the edgc of public roarlway ¡ravemenf to the garage of each house.

19. Priol to perntitting occupnncy of any lot, building addrcsses shall l¡e ¡renrranently installed and clearly visible fronr fbe street.

20. Prior to ¡:ccotclation of liact 6467, <leveloper sha.ll obtain a clernolition ¡rermit to remove the existing structute, water well nntJ seplìc system on lot /113. 2l . Prior to rccor<lation of 'I'ract 6467, developer shall relocate porver poles along thc north sids of the subject ¡rro¡rerty in confirmtance with the appr.opriate utility company requirernents.

22. /rs part tl l' t'ecorrlation of rl:c phase including ltit /l l -J I ol''1ì'¿ ct (t4(i7 " the cler,elopcr sl:aìl
pricvide a drive a¡rprozrcb nncl paved drivewary for the ho¡se on lot #l3l ñ'om Jeffries Drive.

ENGINEIÐRING: GENIIRAL
23 I)evelo¡ret shall remove ancl replace any existir:g ¡rublic or private inprovements that may become damaged during any phase of construction, as required by the City Engineer. The contmctorworkirig withinthepublic right-ol"-way shall obtainan ençroachmentpermit fiom lÍe City Eugineer prior to cornnrencing any such wolk.

24. IJevelcl¡rer shall ¡'elocate and/or install all necessary infìastructure to ¡:rovicle utilities to the pro¡:osed pr oiect.
25' ,A six (6) fuot ¡)rrblic utility t:âscnteÍ)t.çfiall bc ¡rrovicleci in fhc front oj,alt lof.s ¿¡'cl o, the slreef siclc oJ'al) col.lrcr lot.s as rcqr:e.sfc<l by thc Lrlilit¡r e6¡¡11¡lanics atrrl thc: (,:ity l:r:gincer. liasc:l:lclrt..- s.;hall be gr.antecl u,itll tlic final rrlap. 26' Ëa'sen:etl{.s lo [:c given to lJie City or ar].y othcl'public utilify agency for, sewer, watcr, slorLr ilrain' electrical, ol any other utility or si¡rrilar purposc sll¿rlt nót oros, private properfy rvithor¡t ¡:rior apprcva.l ofÌthe (lity Engineer.
27' A'ny aborre grouncl utility cabinets or facilities to be locatccf within the road riglrt-oÊwzry or public utility. easenetlt shall be pcrnritted only qron a¡rproval by the City Enlineer. Sirch aÞ¡rtoval will be made ilt tvtiting, r4ron wriften request of the applicant ancl/or the affectecl ntility cotnpany.
2tì" All\r tlb'st¡-t¡cf io¡rs inc.lutlíng ufilities, irrigation linc.s, etc., shall bc rer'¡rovecl arcl/or relocaiecl, if'neoessary, at tlle expcusc ol'thc applicant.

29. Any onsite wells shall be abancloned ¡rer Keil County standarcls. At the discrctio¡ of fhe Cíty Engineer, abandontttent cau be deferred untii a<feqrrate w¿rter fncilitíes are constrr¡cted & tested for acceplability for the existing resiclence.

30. No {ìnal itnpection shall be approvetl until all required improvements have been cp:npleteil hy the ap¡rlicant and accepted by the City.

31. All new utilities shall l¡e unctergrouncl service.
32' Dtrring constructiott, veltícular acces.s ¡roints shall be covered with clecompose<l gr.arrite, roarl oil, ol sotne other U?¿ltlìlent acceptable to the Cify Engineer, 1o ¡rrevenf gener-ation of dust cluring ¡lerio<'ls of vchicular activity and/or n indy conditions and irackiug óf nluc¡ aticl dirl on ¡rutrlic roadway.s.
33' iìrior to issu¿nce ol'a ccrtilìcate of occu¡:ancy on any iot of the proposed fract, all required imptovemetlts shall be completed ¿rncl accepted by the City Council. Actrjitional ilnprovement outside theaffectedprojectboundary maybereqnired for orderlydevelopment as ctetenninecl by the City Engineer.
3/+. r\ll inr¡rroverl'ren[s sllnll be conrplete rvithin one (l) yeerr fi-om tlte <Tale of,fl'rlinp, oí'fhc lÌnal ntirp for the clevclopment, uttless a time extension is granted try the C.ìity lingitieer.

35. Tpe & location of centralizecl mail delivery units shall be detemrined by the postal seryice.

If tlie postal service requites special casements for the placcment of the tlelivery urits, then saicl easeme¡rts shall be shown on the lïnal map.

BNGINEARING: GRADING & DRAINAGE
36' All grading and clrairrage shall confornr to a mastel ginding & cir:ainage plan to þe ¡rer-1'omed lr¡,1¡. developer's engineer ñr Tracf 6467.

37. 38.

39. 40

41. 43

42. Jlrio¡'to l-et'ielt, of'any rcc¡uircrtl iru¡lrovenrent plans, botll a drainagc/5yrl¡-ology sf n<ly ancf a gradirrg ¡rlarr shall hc.subnriuccl {o ¿nct ap¡rrcvccl b¡, 1¡,,' cliry ljngirrec:-. 'IIie drainagc/J:ydrology study ancl hych.aulic a¡lal)¿sis lbr flle project shall bc perû;r.mecl by a rcgister-ed civil enginecr ancl sub¡:rifted to the City lìnginecr fi¡r revierv an<f zr¡r¡rro'al. ,I'¡e slucly sliall clcmonsfratc thät any potential run-off rvill lrot inrpacf suroundirig properties_ 'l'he stucly shall f'ocus on the project property ancl any affbcted adjacerrr pro¡rerdås. 1'he grading ¡rlan for the ¡rroject shall bc per{ormed by a registerecl civil engineer ancl subnlitted to the City Er:gineer for review and ap¡rroval. All gracting shall confonn to ttie California Building Cocle, latesr eclition, ap¡rrovecl by the City and City adoptecl stanclards a¡d specifications. Storur tlrainauge profectìon ancl disposal oi. rvater into ancl I'rom rhc affectc<i ptclperty shall be lry method a¡:¡rrovcd by the City lì)r:gìneer.. ¡\ .soils t'cporl. ¡:rqrared by a rcgistered civil gìgineer shall bc subnrittetì along rvith thr:
grâding plalr, Soils t'e¡rort shall be perfonned in compiiancervith Califouria Builcling Cotfe, Chapter I8, lafest eclition. hr additiou, all site graciing, earthwork, & building design shall be perfor:ntetl in accorda¡tce rvith tbe reco¡rmsndatio¡ls of tire soils report.

 graclirlg ¡ret'nlit shall be obtained l'rorn the City priol to conrmencemcnt of arry gracling activity.

Ilrior to issuance ol'a building pennil, the cleveloper shall file a "llough Gr¿rcle Clertificate" rvith the Clity írr ¿ccottlance with thc City Engineeríng & Design Standarcls. Rougli Grade Certificate shall lrc accornpaüieit by ccrtified soil conrpaction test clata Ji'om an acceptable materi¿ls testing compâuy and ¿ ceÍification that the rough grailed in substantial conf'ornlance rviththe approved grading¡rlan and Chapter33 ofthe CalifonriaBuilciing Cocie . Develo¡rer to obtain Rough Gradc Ccrlificate fonn h-om thc City.

Prior to f'ìnal approval, acceptance of wor{t, or issuance of certificate of occupancy, tlre applicant's engineer shall file ¿ "Final Gracle Certificate" stating that all rcquiretl gracf inghas been rlone ilt accotclance rvith the a¡rprovecl grading ¡rlan. An as built grading ¡rlan slrall be submjtted showing the as-built conclition. Developei'to obtain Irinal Gracle CertilÌcate fomr fionr the City.
'T'he loc.a{ion .9.lì-oc¡r"rcncy of'soils conrpaction testiug sh¿rll bc per tho (ìit¡r tlj¡g;n*er Soijs conìpiìction testing shall [re prnvidecl by tbe cleveloper'/orvner, Mini¡nunr slopes acloss any flat surfhce shall be 1%. Fol slopes less that 1%o, surface ch:ainage shall be channele<l into a concrete v-gutter-, curb & gutter, undergrcuncl storm clrain, or similar drainagc stt'ucttre.

All building pacls shall provicle a mini¡nunr of 1ç/o slo¡:e away fiom e¿rch house to a eartþ swale, aucl a lnilriuruln of I Yo from the highest poinl in the srvale to the st¡eet. The nrinímunr ¡:acl height shall be fwelve (12) inclres above the adjacelrl. curb. 44,,

45. 46.
47 48.

49. 50.

51. s2.
s:3.
s4.

55. 56.

Stl'cct sirlo ç0rller lots sl¡all nr¡l hûve iheir sitte yalrt slolr (finisJr grarle to track ol.siclel'allc) cxccccl4 horiz"'anlal: I vcrlir:i:rl- Ifn'¡axin:unl slopc is cxcccrletl, ,side -y¡¡¡d ¡^hall l¡c re{aillccl in an irp¡tr or,r:rl nlitrlnsf.

Wood retaining 'slrrtcftttcs shail nof lrc a¡r¡lorred. Dcrreloper sltall r¡se ¡laso],rÐ/, Lro'crcte, or other ap¡rrorrecl nrateri a l.

Stonn drainage shall be co¡rtainecl rvitliin the rlevelo¡:rnent unless approved otherwise by t¡e CitylSnginecr- Strestct¡ainageshallbcnritigatedinarnannerapproveclbytheCityE¡giqeer:.

The area usec{ fbr the clrainage sunrp shall be li:¡rcccl and scrserred in a manrler:rpprnved by tlte City lSngineer'. The l'ence is to enclose the entire sunrp. Masonry wall (or ài¡iyalent) confbnuing tn City stanclarcts shall be tl¡ilt for all portionsof the pedrneter ience viervable fìoltl the .stfcet or the l?ont ),axls of atljrrcent lots. A locl<able privacy galc, concrete 1l¡'i1rg¡1'¿¡-1r, acot:ss eitsr)rttent$, antl dr-ainagc ca.se¡¡cnts shall bc ¡lrrrviciàd ft¡r acccss rncl stornl ttrain lines f.o tbc clririu.agc .sump as requirerl by thc c)ity JÌngiireer. ( l.) At thc option of the City Enginee4 a lanclscapiug ¡:lan, iucludi¡g ¿esign of a ¡renrlauent irigafion systetn, shall be submitted to and apprnve{ iry ttre City Et:gitreer, Said approved landscape and irigation ¡:lan strall 5e implerne¡tec1 plior to issr¡ance of any builcting pennit for the developmelrt. (2,) At the option tlf the City Ëngineer, inste¿rd of the above, [hc areâ between tlre righl of way line antl fhe setback line for the lots coutaining rþc surnp shall lre cleclicat.ed fo the adjacent lots, and the lanrlscapirig usually requirerl ii:l-the sunrp lot shall belong to the lots acljacent to the sunrp.

All laucfsca¡ring srrbject to tlte requirernenls firr lanclscapirrg containecl lterei¡.

The nu¡nber altd locafion of street llasecl siplio¡ls ¿nd o¡oss gutters allowed, if any, will be cletennincddur:ingthegrndinganddraínagercviewl)rocess.Ihelnini¡nmgraclefoi.allowecl cross gutterc shall be 0.6%,
Grading onto adaceut propcrty silall not be cloue u¿ithout rvritten pemrission fì-o¡n the adj acent ptopeúy owrer.
llltc OJÌfice of'the Citv [ing;inr:er sh¿rll be nof ificcl 2¡[ ]rours ín ¿ìdr,¿ulcc of the place'rctrt. 1ìll matcriä1. 'l'arr¡r
Fill and/<¡r irnport material shall be subject to the approval of the soils r:ngineer.

Contractor is responsible fbl the gr:rding of lot lracl aleas to within 0,1'of t¡e desig¡ elevatio¡rs.

All aleas in the site orr which slrnctures are to be placecl must be cornpactccl to g}%rel¿rtirre clensity, for a ¡irir:imunt distance of 5' in all clirectior:s fiom ttre foulldations of the struclure.

All {ill rlrateriâl shall bc nloisttlre cortditionecl fo at least 2% above opfÍnrunr nloislurc ancl c<lttr¡ractctl t:o901'/¡ relafive <len.sify, as clelenl:i¡recl by tesl nreillods rcl'et'enccrl ìrr Cjalifbrni¡l ISuiltlir.ig(.krclc. ii¡l¡rcut'lix (lha¡rr.cr33, Soctí0n 3305, autlso cerfifieclbylssls ariclrc¡ro11 lìor:i lh e soi ls crrl4ilrr:o'.
'l'lte design eugi¡lecr shall exercise sulficÍent su¡:en isory control cluring graclirrg opern{ior-rs to ittsurs cornpliattce witll the plans, specifications, :utd code within his purview. -
'Ihe ¡:lacenlent of lill shall be jn 6'' nraxint¡n lifts, com¡ractecl with heavy com¡raction equiptnen{ approrred bythe City llngirreer, unless specifìcallyrecommendeclothenviiein the preliminary soiIs reporl,
Cont¡lacliort in ¡rroposecl pavc:nent areas should bc the same as Ior thc building patls, ancl shorrld extetld fo a nrininrunr tlistallce of 2'lreyorxl thc outsidc eclges of ¡raven,eì1is.

Âll crtt ¡nd fillslo¡re.sshallnot besfee¡rcrthan2 horjzontal to I vc¡tical.

All fill arcas fo be clearecl of all vegetation and other ur:suitable material fo¡: a stn¡ctural fill ancl tlte arcas shall be scarified to a deplh of 6", urrless s¡recilir:ally notecl otl:erwise i¡ tþc ¡rr el intiualy soils re¡rort.

AII slopes in cxcess of'three feet shall bepreparcd ancl ¡rraintairled to colttn)l against erosiotr Graclir:g rT'ot'k shail be su¡:ervised as engineered gracling in ¡cçold¿lnce lvith Chapter 33 of tlle Calift¡:lria Building Code.

During grading, reasonable sealching shot¡lcl [:e ¡rerformed for concealed subsrrrface olrstruotions. ¡\l] abancloned subsr¡rface obsfi'uctions shoukl be rernove<l. I1'the tc¡minus of any abturclotrecl piping is outside fhe ¡:rnject Iimits, the ¡li¡ling should be rernoved within the project zurcT ¡rroiredy cappe<l at the prcjcct bounclary.

DLlstColttlol: Itshallbcthccleveloper'sres¡ronsibilitytopreventaclustnui.sanceoriginating lì onr fhe site of wolk as it rcsult of his o¡rerations during the effective periocJ of this contract.

Preventatjve Íìreasut'es to be t¿rke¡r by the contractor shall inclucle but not be lirnitcd to tlie lbllorving;
( I ) \[¡ater shall be a¡rpliecl t<i itll ttrrpavecl ¿ìrens as rcc¡r.rir-ccf to plerrt:nt the sr¡rfacgri fionr l-rer:onrirLg clr:y elìough to pcr-rnif clusf, l'ormaf.iorL, (2.) PavetJ surfaces over rvhiclt vehicular tr-affic is pernritted to t¡'avcl shall be [<ept fi'ee of dilt.
trNGINItIiRI NG ¡ WATEwFI ItE
I)eveloper shall install a water systent for the development together with such equipnront, ¡ri¡:elinc, and facililics, inclutling individual water sewices, as ulay lre necessary to cnsr¡rc tlte tlevclopment has a n:inimum supply of water for the purposes of the develo¡n:ent incluclirig firc protection. Develo¡rer shall subrnit water irnprovement plans to the Çity lìrrgineer for rcview ancl a¡lproval. l)eveloper strall co¡¡struct public rvater s1,s1cnrs iu accordance lvith Strbclivision I'i¡rginecring Design Manual Jbr the subject ¡rro¡rorfy. 57 s8.
s9.

60. ó1.

62. ó3.
(t4.

65. 66
67 6B' Ì:rire ¡:rotccfion shall bc ¡rrovicted ¡rer l(ern (lotrnfy Fire l)*¡riu1n¡c¡rf Sta¡d¿nls for.t¡c ty¡re tit'dcvclo¡rnrclrf . A crcrtjficatc of-./r¡rplorrarsr¡nil rre t¡brairrctr b), tr¡c appricanr fìu¡l the K.c¡r Ootrnty Firc ì.)cpartrì1enl. lJlvidence ol fhis r:crfifìcatc ol'i:¡'r¡rroval shilll:c pro'i¿cd .o tlre Cilv prior fo acce¡rtalrce of'fhe ura{cr systcrn by lhe Cily. 69- I'he City Engincu shall recom¡nend lrychanl ty¡re ancl location if rec¡ui:ecl.

70. W¿rf er line size, Iocatiott, a¡rd ¡:rat'erials shall be sulrject to thc arppr-ovzrl ofthe Cify Engineer.

MiDilnt¡m wâter liüe size shall lre in accordance with the Subdivision Engineering ñesig,, Manual.

71. Tie-ins to existing w¿tter nr¿ins shall bc constmcted irr a ntanner approve<t by the Clity Engir:eer.
72' \Àrhcltcver¡rossible,thcrvatersyste¡r:shallbeloo¡lediorníllilrrieeciç¿rcjcnd.s. I;'olcul-tie-sacs gteater than 330 feet in lcngtlt, the rvater main shall be loo¡lecl througli the side lot lilles, of tlte lofs near the end of the cul-de-sac, back to ailjacent streets, as dircctecl by the City l-ingitreer' .Easements shall be ¡:rovidecl to the City ir: a nlanner consisteff with the Subdivision Engineel.ing & Desigrr Ma¡rual.

73. Separatc water serviccs shall bc installetl 1br each rcsiclcntial ¡rroperty. 74' No ¡remranent strttctttres .slrall be coustructecl over proposed or existing utili{y eâscr¡euts,

75. Prior to lho issua¡rce of a builcling ¡remrit, rvater n:ains arrd lire hyc¡ar:t.s to be installe¿ 6y a¡rplicant shall be complefecl, testecl, and acccprerl (uFc 10.502,10.503) IINGIN IIIII{I N G : SItWEft
II,FT STATION:
(l') Developer to tie fhc westenrmost 20 acles of resicleritial develo¡rrnent into sç\ver lift station. 'I'his shoulcl l¡e 62 residenti¿rl lots nunrbered tots I thr-ough

62. Lots 63 tlrrorrgh 152 of T1. 6467 shall not have it.s sewer clirected to fire lift staticrn. (2') DtlveloJrcr f.o elltor irtto agreerner:t ivilh tfre üity to share tlir: r:os{. ol cotlstl'l.lctioll of tllc lifi station, ftrrce nrain, inlet piping, utilities, or othe¡ peÍinent harclware or services. (a.) Çost sharing to be based upon the number of equivale¡t dwelling units (EDUs) discharging ir:to rhe lill srarion. (lr.) Total BDUs shall include: I. Lots 1 through 62ofTT 6467, 2. T'f 6301 on the west side of Mannel Avellue. 3. An estilnatecl 40 additiolral lots fion: 1:ro¡rerty locatecl rvesl of TT 6301, 4' 'I'he.sec¡uoia Elen:errtary.School located ¿r thc intersection of Man¡rel & I.rcsno.
76,
77 (c') 'lbt¿tlcosl to be slrared shallbe acfualcosts not to exceed $130,000. AcltlaI cosls shnlf iltchxlc .srìrvey¡¡lg, elrgitrecrin¡", ,l,,sig.n, cr:r:slluctiolr, Le.sf irrg, colrstrrctiolr )ìlâr.liìg(-?uìcnt, antl adniilristratior¡ S E\,VËiì IMPI{ OVIiM I]N'I' AGR [.]ËMBN]': (1.) I)evclolrer shall cnfer into an agrccmerr{ with the Cíty of Shaficr to ¡:royicle sewer f,rcilities ttsable fbr the 90 residential lots nurnberecl lots 63 ihroug¡ 152 tenratir¡ely schecluled for'T*l' 6467. (2.) 'lhi.s agreerlre¡rt betrveen the clevelo¡rer and the City shall provi<te for extending fhe City's sewer system northcrlyalong Beech Ar¡enue to sen¡e the City's u¡rper east sitle area, of which thc 90 resicleritial lots ¡tumirerecl lots 63 thro*gh 152 of TI'6467 shall be consictered a part thereof (3.) l-ots 63 tluotrgh l52 of TT' 6467 scheclutecl to co¡rnect their sewer with the new sy.sfetn co¡rslÏucted by this irgreernent will not be n:corded rllllíl thc a¡r¡rlicant has ertlcrcd ínto said .servcr sr"rvjce âgrcenleltt ri'ith lllc (litv of Shiillcr'.
(4.)
(5.)
Other developers shali tre requirretl to enter into the same agreement with the city of shafter for the extension of sewer facilities along Bccch Avenue. 'l'his aglecrnent shall di.stribute tlte costs of the infi'astrt¡cture irn¡rrovcment {o each developnrent based u¡ron the nunrber ol'Equìvalent Dwellirrg ï-lnits (IJDUs) within cach dcvelo¡rnrent. one (l) resicle¡rce is consicleled one (l) IJDU.
costs o1' the inliastrl¡ctruc iur¡rrovemcnt shall include all surveying, engineeríng, design, constnrctio¡r, l.esting, constmctioll r¡r¿ìr'lagetnent. and ad¡:rinistration. (7.) City of Shafter sliall be the løad agency for fhe project.

I)evelopcr shall install ¿rsewsr system for the developrnent togefher with st¡ch nrafcrials, ¡ripelir:e, miu:holes, arid individual services ftir the purposes ofthe clevelo¡rnrent. I)eveloper shall sr¡bmit ssrver itn¡rtovenrent ¡rlans to fhe City Engineer for review and approval.

Developersltall construcf public sewer systems in ¿rccordance rvith Subctivision lSngirieer.ing Design Marrual for the subject property.

No ¡:ro¡rerties shall be served by a se¡rtic systcur.

Ser\'cr lille sizc. loc;rtio¡1, slo¡:rc, ancl ¡l¡rlerial.s shall bc suirject to thc: ap¡:rov¡rl c¡ll fhc City [ìlrgineer-. MiuintL¡rrr se\^¿cr line r;izc, loc¿rtiorr, slo¡re, ancl uratcli¿is slt¿ll also lte i¡l accordance with the Subclivision Ërrgineering Þesigrr M¿rnual. (6.)

78. f30
79 8t T'ie-ins to exisfing sewer mains, ntanholes, ol' other strucfure shall be coustructed as directed by the City Engineer.

Õ^
o¿ Separate sewer services shall be ir:stallect for each proper{y. At no tirne shall sewer bejoint trench witli rvater.

Set¡'er lines rvilI rr<lt be ¡ret-rttittec'l in easemerrts bclrveen the back yards or side yarris of siugle o¡' rnuIfi-l'a¡nily lots,
83 84. No Pet'lnatrcnt slrt¡clu¡es shHII be cor$tnlcfcd o\i er proposccl or existíng utilily eascn:elrts.

ÍìN 6rl¡ N¡ Ð Ð R l l\ G' : S'T'lit líi lll'l' ¡9 T'ltl¡{ III¡H C

86. Develo¡:er slt¿ll constn¡ct a¡lcl provicie right of'way for all stlecfs, cr¡rb, gulfer, c¡os.ç gr¡ttcr:, drainage facilities, siclewallcs. .street lights, drivc approaches. interscctiorü, a'd otl:er rãlate,l im¡rrcveinent.s for the ¡rurpo.ses of the clevcloprnenf. I)evelo¡rcr shall submit street:
imprcvement plans llreparcd by a rcgislerccl civil engineer to the City Engincer for.review a:rd ap¡rroval and shall ilrcluclc: (1.) ¡rrelin:inary soifs rc¡rorf - including R value.s taken fion pro¡losed road loc¿l.ions and infiltratio¡r tests taken fìom any proposed basip site(s); (a.) Ât least trvo lt-value tesfs wilt be talcen for Flesno Avcnue, one for Mannel, ancl fbur (a) for local streets cleclicated for the clevelopnreut. (.2.) pre liurinary cugineer's estinlârc of co¡rstluctíorr costs; arrd (3.) ¡rlar: check arid ins¡rcction li:e.s.

The dr¿lrvings shall irtclude all proposerl public street ¡ravcmen! cuilr, gufter, clrívervays, slreetlights, ctoss gttÍter, catch basins, striping, sigrrage, tr¿ffic signals, antl siclewalks along the perinieter of all strests atljacent to or lvithin the project site, Said improvement shall be coustrt¡cted as ¡rer the strcet itnprover¡ent plans approvecl by the City lingineer in a nlanner consistelrt rvith the Subelivision Engireering Dcsign Manual, Street Sections:
(1.) 'fhe minímu¡n itllowable structr¡ral sectiolr for Fresno Ave¡rue slrall be 0 33 lbct ofÂsphalt Cìoncrete (3/4".4R-4000) over 0.67 fcct of Class II Aggregate Base or'9r I .0 feet rrative nrateúal moisteneci and com¡racte<l to city stu:clards. "fiaffic Lndex = 8.0- (2.) T'he rninimum allorvable sû:nctr¡¡:al section for Man¡rel Avenue.shall be 0,25 feet ofAs¡rhalt Conclete (3/4" AR-4000) over 0.50 feet ofClass lL Aggregate Ilase over I .0 feet native nraterial moisfenecl and compactecl to citystanclarcls.

Traffic Index = 6.0, (3.) The miuimum allowable stnrctuml section fol all local interjor streets shall be, ().ll fect of Asphalf Concrete (k" /tR-4000) over 0,33 fbet of Ctass II Aggregate Bâse over L0 feet native material nroistenecl and cour¡ractecl to city stalldnxls. 'fraffic lndex :4.0
(4'.) I)¿trrellrcttl stnlctttml scctiorr calculatit¡us shall be ¡red'brmecl to ycdfì¡ fhe ¡lrcl¡roseci strt¡ctttral ssctio¡rs a¡lcl sll¿rll be sul:urittecl to ¿urd qr¡rr-orred by thc Cíty lÌngineer with street plans. CalculaLions shall use the results of thc Rvrrlue tests from the soils report. (5') Minimum cross slope shall be LSolo constrr¡cted. A nri¡rjmr¡nr of 27o cross slo¡re shall be designed a¡rd shown on plans.

St¡cet I)imensions:
( 1 .) Iìresno Avctlue shall be clevelopecf as a half street, alo:rg the ¡rhase of tl:e nrap being rlevelo¡red, in accorda¡rcewith standarcis ancl s¡recifications of tþe City as a¡r¡rroved lry the City lJngincer'. ]:'resno Avenue shall be for.ty-six (46) feet half right of wa5, rvith thir:ty-fìrur (34) fcel centerline to flowliue. 87 {ls

88. (2 ) Ma¡rnel Avenue shall be clevelo¡:ccl as a halJ'sf rcct, alorrg the phase ol tlre nta¡r bcing rlevelo¡:ccl, in lccr:¡I|:l¡lçc with st¡¡n¡lar'¿ts an<f q:ccilic.rions ol.rii,: (ìif )'n.'^ it¡r¡rrovetl l¡v lhc Cify l.irrginccr'. Manl¡ct Âve,rr,,: shll tlc ttl;,rr, (:liii lccr hall'r.i¿¡ht ol'u/ír)/ u,ifh (r,cnry (?.t)) lLerr ccnrt:rlinc to fl,l.vli,re. (3') Âctditirinal righf o1'way ancl strcet wiclth ,shall be proui,l..l l"or l\4annel Avenue I'or a right tu:'tt ptlclccl fì'onr Man:lel northhouild fo lrlcsro ¡Lvenue. Dinrensions a'e s'b.ject to a¡rpncvar by the city ri'gi,eeL. (4'). AII localstreets shall be developed ur lì,u u,iJth sã-eets in acço¡dance wiflr sf¿utdards and specification.s of the City as appured b), the City Ëngineer. AII ]ocal srreers shair be fifi'y-r.rvo (52) feet futi right of *oy rvitl rorry 1+o¡ l'eet flowline to flowline. 89' Shoultl a streel. fransifion to another street with a ninet¡, (90) deglee lurLl occur, fhât t¡.o,lsition shall be â sfreet knr¡ckle ancl shall be shor,,,n un ih. l.r¡lal-tract,nup u,ii in úe strect iltrprorrcnrout ¡r Ians.
90' Cttl-tle-sac ancl strce{ knuckle rtine¡Nions & r'¿¡clii fo co¡lJi¡nn to the Subclivision l3rrgineeriug Design Manual axl/o¡'tlre City Engincer. 'fhe t¡se ofof'ßet cul-cle-sacs is approveci ¡uovided they nreer the requirurrents of the Oify. 9l' 'l'he lirllowing strcets shall be s(ri¡red in accorcliurce rvith fbe City Engineer aucl Cahmns ll'raffic Manual, i¿ltest edition. Pro¡losed slli¡ring shall be shorl,n o¡ strãet ¡rlans. (8.) I¡resno Avenue (9 ) Ma¡r¡rel Aveltue
.92' Stt'eet sigris shall be installetl per City standarcls as rcquircd try ttre Ciry Eggi¡eer.. 93' All utiljties proposed undu ¡:arrirrg shall be installecl ¡rlior to pavirrg. Cor,ø over utilities shall be a de¡rth as ap¡rroved by the Cify E:rgineer. 94' During coltstruction, the ap¡:licant shall rlrai¡rtain the ¡roject, including adjacent s{.rcefs in a tk¡st fìee conclitiott. llhis conclitjon applic.s at all times including *"Jlr.*l*, eveni¡gs zurd night tinre hor¡r.s' I)ru:iug construction olerations, cleanup ol'soiiliom the priblic roacl1ays shall be requi'etl, if deemed necessary, by trre city Engiieer. 95' Drivcu'ay a¡:¡rroircl:cs shall be constnrctc<l in a nl:.Ln¡lcr consiritcnf rryíth lhc,rec¡trilerxents ftrr l'crsideütial rrpproacltcs ris set fi:r1fi in tl:c City's Subdivision and Errgiueerirrg Df,sign r\4ailu¿rl. 96' Siclewalk, inclucling curb, shall be five (5) feet widc and shall be placecl behincl thc cnrb on all süeets' Tmnsitiolrs at intersections and wheelchairralrps shalíbeprovicied and installed per Cify's Subdivision ancl Engineer.ing Desigrr Manual.

97. Monunre¡rt and rnonument covers shall be set per city stand:uds. 9B' Ten4lorary tulualor¡¡rds, if requirert, including right of way, shall be gmntect, clesígneci, & installed per the subctivisio¡r nncr Engiueeringbeiign Manuar. t)9' pr opcrty lírle locatiotls shall I:e ntarl<ecl u,ith a 0hiselç<t line <u the tc4: ofcurb f.or all ¡, opcr.f y lilrcs. 'l"hc loc¿tlic'r¡r ol'¿tll servcr l:tterals shallbe ilrtlicafcrlon lhc top pIorlrtl rì,ith a stiìrrprd ".ç" I00' Streef lighÍing shall be installecl in accoldance u,ifh the City lìngirrecring cg,Sr¡lxli'ision Design Mant¡al as cli¡-ecl.ccl by lhe City F)rgineer, l)eveloPer shall coorclin¡rte u,ith pacific Gas cQ' lilcctrjc to ensuÍe th¿t tlìe street lighls are establislled undcr thc I-S-28 ralc soheclule. l0l ' Seconclary access r:asettte¡rts shall be ¡rrovitlecl at the rcquest of t¡e City Ëngi'eer. With:-n any given ¡rhase of <levelopment, secomlary access casenrents and improvõnents shall be provided in a m¿tnnc¡: a¡rproved by tlie City lJrrgineer, Access roads shall be twelve (IZ) feet irl wiclth antl shall consist of tl:rce (3) inchcs of class II aggregate base over six (6) inches of ¡ratir¡e nraterial conr¡racled to g0% ¡elative nraxinrum a"nslty. 102" A lvaivcr'<-¡f di¡:cct acccss shall be dcclicated anclshoq¡¡¡ on tht: fìn:rl rla¡r akirig; (l-) A'long the norfh pro¡relty linen^ riflot.s T thougb I4, I3l i¡org¡¡ t-ìl (2,) Arong frre rvest property rines or"rots 6,-r,3(),3r,42,43, 54,,rira ss.

I03' VehicuJar ¿lccess to the existing residence (ñrtur:e lot 131) rvilì contint¡e to be lÌ:o¡l: Fresuo Avenuc ttntil aclequate 'str eet and clrive approach lircilities a¡-e constructed fbr a flrture phase of 'L'ract 64(¡7. At thal ¡loint ín time, access to lot #l3l shall be plovided 'ia a' illtenral sûeer (Jeffiies Drivc).

I04. Bh¡e IJolf s' dots shall be placed at the cenfer of the sheet for each fire hyctrant. 105, Cross (ìr¡ttcl to be jnstallecl at the irttersectiorrs of the two pro¡rosed east-west sneets with M'annel Ar¡etlue. Ct'oss guttet: shall be I 2 fi wicle to a""on n ódate existi¡g sfonn flows soutlr ou Matlnel A.t'e¡l¿te' A flowli¡re high point shall tre designe¿ o¡r both ãaslrvest strçets to crlstlre heavy flows shall confinue south on Mannel Avcnr¡e alrd not cast into T"I' 6467. 10ó. The east hall'oÍ the existirrg Mannel .A.ve¡rr¡e shall be den:olisherl & reconstl¡ctecl along wit¡ t'he new portion of Mannel Avenue.
107. A Cify beuchnrark shallbe set in the to¡r of ctu:b ilotth of Lot 139 oJITT 6467. lìlevation shall be certilied by a licensecl land surveyor lbr thc State of Calif'ornia. l,c,r,el circult data atrtJ calctllafions silall bc sLrb¡rittc<Tto thc City of Shafter l'or irp¡;rtrv;rl, ENGIN ADRIIÍ G : LANDSC,/\PING
108' AII lau<lscaping plarrs including plants, inigation equipment, points of conncction to water liltes, elecûical services fortirners,lighting, etc. shali bã approvcd bytlie CiTy Ëngirieer¡:rior to consfnrction.

 masonry w¿rll, or approved altsmative, is to bc instaled:
( f .) Along lfie notlh tract bou:dru'y along the property lines of lots 7 thr ough 14, lot I3l,and lots 132 tiu-oLrgh 139. (2,) Along lhe west t¡'¿rct bot¡rrclary wilhin fhe cleciicatecl lanclsca¡:ir.¡g eâso=llrcnts oj' lots 6,7,30,3 1,42,43,54., an<J 55, and
r09.

II0
ll¡
112.

I 13.
114..
1 15.

I l(i.
(3 ) Älor:g ¡tortiot:s ol'{lre Jrrr:posecl .sunr¡: ¡rerinrefer as cicscrjbe¿ preyiously. \ÀralJ ¡llirns, lllafc'riafs, dirllcnsious t<t [rc lp¡rrovctl by (ìity ltrior Io (ro]ìfitr.p(.,tion. l-,antlsca¡ring plarts irrclrrtlìng irrigttiou timers, ¡:i¡ring, s¡rrirrklcrs, filrings, pla¡ls, l¡.ec.s, frr-f' sltall bs ap¡rroved by the Cliry.

I-antiscaÞing rvater.set'vice ¡;oint of connection shall be u,ithing thc right ol'way lbr lìresno Avenue at the northeasf corner of lot 14.

I-anclscaping plLrnrbing & electdcal shall be designecl ftrr allphases ol'the tract.

DeveloPer shall place thc entire sub<livision within ¿ì nêw olprc-existing LanclscaJre/L,igliting M¿tinle¡r¿rnce Di.strict, ¡rrior to acceprancc ol'improvenrcnts by the Ciiv. ll.) '['l¡c ¡:laintclrance dislrict shall be scf-uJ] 1o cö\ror tlie co.st 0l..slrcet liglirin.rì, ch'ainagc basílt maíl¡tcnancc, :l¡rcl la¡iilsc¿r¡:ing nraintelìâr.ìce, as rvell as all adn'linistrative costs associated rvith the City's nranageirrcnt of the di.çtrjct. (2.) The Developer shall be required to cor¡er the cost of stleet lighling, mai¡tain all lândscaping, inclucling the t'cplaccrnent of any trees or shrubs that do not survive, withilr ¡lublic riglrt-of-way anri landscape eâsemeuts lbr a periocl of six (6) nronths after final irrs¡rectiott of'ttre Ianclscaile im¡rrovements, c¡r untìl sttcll tinre as tlte mainteltatìce districf is lbnnecl, whichever shall occur last. (3.) I)evelo¡rer shali be firlly rcsponsitrlc for the lornation, ancl fbnlatiou cost of the Landscapc/l-ighting Maíntenance I)istrict, as directetl by 1.lre Cify llngineer.
(4') Develo¡rer shall be lirlly responsible Íbr pâyrng the cost oj'water fol. all lanclscaping ancl electricity for: the st¡'eet lights until s¡"rch tilns as the maintenance clistrict is fbr¡ned.

A nrini¡lrum $?,346 shali be paicf by the developel for fraffic irnpact fees for each single faniily rcsicleltce to be co¡¡structed on tbe Pro¡reny, Notwithstancling the minim¡¡¡ fee atltotttlt, Or¡*'ner shall pay the .fbe in ef fect at the tí¡le ofthe issuance of ¿ builcliug pc¡nit foreaoh unit.

A nrinirlrtlnr of'.$64.7 shall be ¡raid hy tlrc devclo¡rcr f'or ¡rlrkl:urcl inr¡ract fucs fìrr each si¡glc lirrttil¡' rcsidencc lo bc consli'uctcd 011 tlie Prcpcrfy. lrlotr¡¡if.listancling the rnininruur firc iunotlllt, Owner shÛll ¡ray the Íec in elïect at the ti¡nc of'the issu¿urce of ¿r builcling ¡ren¡it l,or each unit.

Develo¡rer shall subnrit landscape and inigation plans for review ancl approval by tJre City,s Ptoject Assistance Team fbr a 6 foot rvide are¿ between the siciewalk and the required decot¿rtive wall (public utilities easernenf) for the strcet side yards for tots l, 24, 25,3:6,37, 48, 49,83, 84, 103, 104, 123,124 ancl 140 prior to rccontation of a Fi¡¡al Map for 't'f 6467. said landscape plarrs and irrigation plans shall iucrucle tlie following:

Ít. A six foot lrigh nlasonly u,atl/fcnce, or a coml>ination of ma.sonry ¿r¡l<l other cotl¡ratible llrnlerial rvith .s¡:lit lrlock faces, colntnrr.s, or othel-desig¡ i:ettures to ¡rrtvitlc visual reliel'illoug the rvall facc, shall be subjcct to a¡lprovaiby thc Clity's l'17
ll8
Proiect AssistRnce Tea¡:r. ,Saitl wall/l'e¡rce shalt be recluced in sfeps finnr six f.eet in height to furfy inchcs in height witllilr t'hc 25 Jbot lìonf yarct setbaok li¡e. b- Liutcl.sca¡re irrígution plans shall irrcludc ty¡:e, size, ¿lncl locafion of the irrigntion systeDr, tjie location and design of all walls; and tl¡e siz,e, tyre, an<t locationlf nt¡ plant nraterials.

Prior to recorclation of anyphase ofthe subject subdivision adjacent to high schoot prirperry, f'he subdivision clovelo¡rcr shall const¡uct a fi-foot high nrasonry wall Àlong theïorithem subdivisioll boundary. Wall height shall be nteasured from the higþest adjacelt gra¿e.

RESOLUTION NO.2853

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVTNG A TWO (2) YEAR EXTENSTON OF TrME FOR PHASE 2 OF TENTATIVE TRACT MAP NO. 6467 LOCATED ON THE SOUTH SIDE OF E.

FRESNO AVENUE BETWEEN MANNEL AVENUE AND N. BEECH AVENUE, \ryITHIN THE CITY OF SHAFTER
\ryHEREAS, on February 9,2022, Bryan Jeffries representing Jeffries Family LP, the owner of Phase 2 of Tentative Tract Map No. 6467, requested approval of an extension of time to record aftnal map on that certain property in the City of Shafter as shown on attached Exhibit A, citing a desire to keep the map active while they continue to work to secure an opportunity to develop as the justification for extending the map. The extension of time request was submitted prior to the expiration of the map and is being considered within the 60-day time period allowed by the Subdivision Map Act; and
WHEREAS, Phase 2 of Tentative TractNo. 6467, proposing to subdivide2T acres into 90 single-family residential parcels and a drainage basin lot, was approved by the City Council on February 15,2005 as part of Tentative Tract No. 6467; and \ryHEREAS, Tract No. 6467, Phase I was recorded on May 31,2006; and \ryHEREAS, the Planning Commission of the City of Shafter held a timely and duly noticed public hearing on March 8,2022, to receive public testimony and consider an extension of time for Phase 2 of Tentative Tract No. 6467, for recommendation to the City Council of the City of Shafter; and
WHEREAS, at said Planning Commission meeting held on March 8,2022, the proposed extension of time for Phase 2 of Tentative Tract No. 6467, was duly presented and considered, and WHEREAS, Tentative Tract No. 6467 was approved with a condition requiring the final map to be recorded within two years; and
WHEREAS, Development Agreement No. 06-02, recorded on May 16, 2006, extended the expiration date of the tentative tractmap for five (5) years; and WHEREAS, Development Agreement No. 06-02 has expired; and WHEREAS, prior to recordation of Phase 2 of Tentative Tract No. 6467, approval of a new development agreement shall be required; and
WHEREAS, on July 15,2009, the State Legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps, thereby extending the recordation of the map to February 15,2012, and \ilHEREAS, on July 11,2011, the State Legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps, thereby extending the recordation of the map to February 15,2014, and EXHIBIT 5
Shafter City Council Resolution No. 2853
April5,2022
Page2
WHEREAS, on July 13,2013, the State Legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps, thereby extending the recordation of the map to February 15,2016; and \ryHEREAS, on October 10, 2015, the State Legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps, thereby extending the recordation of the map to February 15, 2018; and WHEREAS, on February 6,2018,the City Council approved atwo-year extension of time, extending the recordation to February 15,2020; and
WHEREAS, on March3,2020, the City Council approved a two-year extension of time, extending the recordation to February 15,2022; and
WHEREAS, during the City Council hearing for the time extension on February 6,2018, a number of area residents raised concerns about traffic, public safety, impacts to Aldrich Drive and Padre Drive, access to and from Fresno Avenue, property values, and increased residential density from development under Phase 2 of Tentative Tract No. 6467; and WHEREAS, in approving the time extension, the City Council directed staff to memorialize the comments received and outline how the issues will be addressed through a memorandum documenting the comments on traffic and public safety, impacts to Aldrich Drive and Padre Drive, entrance and exits on Fresno Avenue, and residential density proposed under Phase 2 of Tentative Tract No. 6467, so the comments are utilized by City staff to mitigate the issues under the Development Agreement required to record Phase 2; and \ilHEREAS, the City Council also directed City staff to perform traff,rc impact and safety studies for Phase 2 development addressing Mannel Avenue, Fresno Avenue, and other applicable side streets and ensure that the final design for Phase 2 provides a cul-de-sac and wall on Aldrich Drive to prevent Phase 2 traffic from utilizing Aldrich Drive and Padre Drive through Almond Grove Estates and two ingress/egress points on Fresno Avenue; and \ilHEREAS, Title 16, Section 4.080.8 of the City Municipal Code (Subdivision Ordinance) and Government Code Section 66452.6(e) allow the City Council to approve extensions of time for approved, or conditionally approved, tentative subdivision maps if the request is received prior to the expiration date of the map; and WHEREAS, the City of Shafter has historically approved subdivision map extensions of time in two-year intervals; and
WHEREAS, the City Council through the City Clerk, did set Tuesday, April 5, 2022, at the hour of 6:00 p.m. in the City Council Chambers of City }Jall,336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Shafter Municipal Code; and
Shafter City Council Resolution No. 2853
April5,2022

WHEREAS, the City of Shafter adopted a Negative Declaration for Tentative Tract No. 6467 on February 15,2005 (Resolution No. 1717). Therefore, no additional CEQA analysis or documentation is required for the extension of time; and WHEREAS, at said City Council meeting held on April 5, 2022, the proposed extension of time for Phase 2 of Tentative Tract No. 6467 was duly presented and considered and the City Council determined that Phase 2 of Tentative Tract Map No. 6467, is eligible to receive a twoyear extension of time for recordation of the final map.

NO\il, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 5th day of April, 2022, resolved to approve a two-year extension of time for Phase 2 of Tentative Tract No. 6467, subject to the conditions approved by the Council on February 15,2005 (Resolution No. 1717), to expire on February 15,2024.

PASSED AND ADOPTED THIS sth DAy OF ApRrL,2022.

Cathy L. Prout, Mayor
ATTEST
Y azmina Pallares, City Clerk

APPROVED AS TO FORM
Marco A. Martinez, City Attorney
TENTATIVE TRACT NO. 6467 - EXTENSION OF TIME
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EXHIBIT A
1# City of Shafter

SI-TAFTER COUNCIL AGENDA REPORT
Meeting Date: April 5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public V/orks Director

SUBJECT RATIFY AWARD OF PAVING IMPROVEMENTS FOR MODIFIED

COMMUNITY CORRECTIONAL FACILITY SITE MITIGATION IN THE
AMOUNT OF $26,631 TO KERN ASPHALT PAVING & SEALING CO., INC. AND AUTHORIZE GENERAL FLIND APPROPRIATION OF $3O,OOO

TO FLIND PROPOSAL PRICE FOR SAID PAVING IMPROVEMENTS

PLUS CONTINGENCIES

RECOMMENDATION
Council find the action is not subject to the California Environmental Quality Act; ratifii an award of paving improvements in the amount of $26,631 to Kem Asphalt Paving & Sealing Co., Inc. for site mitigation work at the former Modified Community Correctional Facility; and authorize a General Fund appropriation of $30,000 to Fiscal Year 2021-2022Budget Account No. 5100-50- 405-28-00-510200 to fund the proposed price for said paving improvements plus contingencies.

BACKGROUND
At its November 2,2021 meeting, the Council authorized terminating access easements that the City required primarily for patrolling the former Modified Community Correctional Facility (MCCF) located at I 150 East Ash Avenue. The easements were located on parcels owned by the Insect Lore and Well Rehabilitation Services. Both parcels are located immediately west of the MCCF site.

Public Works is overseeing the completion of site restoration work within the Insect Lore parcel easement required upon MCCF ceasing operation as a correctional facility. Portions of this restoration work have previously been authoizedby separate Council action, including removing MCCF site fencing that required the loss of Insect Lore parking at the west edge of the facility.

The paving and striping needed to completely restore the original parking layout are not included with past Council action.

The paving and striping work estimate was less than $15,000, which is the budgetary cap for solesourcing a bid and why Public V/orks initially sought one quote. Kern Asphalt submitted this quote for a total price of 526,631. Kern Asphalt and other industry professionals have reported that oil price is having a considerable impact on asphalt purchasing and construction. The quote received even states that pricing cannot even be guaranteed. Current indications arc that, if anything, will only increase in the foreseeable future.

MANAGEMENT REPORT
Ratifv Award of Paving Improvements for MCCF Site Mitigation When market conditions are more stable and practical, the City follows its bidding and procurement policies. However, in the case of this project, staff felt that it was in the City's best interests to avoid a competitive bid process and award the work as soon as possible. This action helped fulfill the City's parking restoration work and avoid potential safety issues with unfinished paving work next to the Insect Lore warehouse.

FISCAL IMPACT
Fiscal Year 2021-2022 Budget Account No. 5100-50-405-28-00-510200 was funded with $44,988.19 for MCCF site mitigation work previously authorized by the Council. A General Fund budget appropriation of $30,000 would cover the awarded proposal awarded to Kern Asphalt plus contingencies for the required paving improvements.

CEQA ANALYSIS
The recommended action is categorically exempt per Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) because the action is the minor alteration or reconstruction of facilities involving no expansion of existing or former use.

ALTERNATIVES
There is no viable alternative for the Council to consider. The paving work to restore Insect Lore's original, pre-MCCF parking was required per the easement they granted to allow for MCCF patrols. Upon the demolition and removal of former MCCF site fencing, the City needed to act quickly to complete paving work to ensure the work area did not pose a safety concem and to minimize the financial impact of volatility of oil pricing affecting the price of asphalt.

ATTACHMENT
l. Kern Asphalt Cost Proposal
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SB-PIV
Certified
#1189260
Proposal es2or
Estimator: Don Locey
KERN ASPHALT PAVING & SEALING CO., INC
2OOO NORRIS ROAD, BAKERSFIELD, CA 93308
PHONE: 661-391-8000 FAX 661-391-8080
STATE CONTRACTORS LICENSE #812686
DIR NUMBER: 1000004530

GRADING & EXCAVATION, ROAD

OILING, CRUSHING, MILLING &

GRINDING

ASPHALT PAVING, ALL TYPES OF

SEAL COATING, STRIPING,

BUMPER BLOCKS, & TRUCKING
PROPOSAL SUBMITTED TO:

ADDRESS: City of Shafter
336 Pacific Avenue
Shafter CA 93263
CONTACT:

FAX: 746-0270
PHONE: 331-3776
E-MAIL: [email protected]
DATE:

JOB NAME:

JOB #:

JOB LOCATION
311812022
Pave & Seal
95208
132 S Beech St, Shafter
DUE TO FLUCTTTATING PRICES. PROPOSALS ARE VALID FOR I5 DAYS FRON,I ORIGINAL DATE. ANY CONTRACT AGREEMENTS N{UST BE RE\/IEWED BEFORE COMMENCEMENT FOR EACI{ SCOPÌ/PH4SE (IF APPLICITBLEì {N CONTRACT, *iå"i.Tl.lffi"iïï"::¡T"îä1äi,ïJ,i#1,:::"'ror the work subject to the terms and Total $26,63r.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All ageements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance.

Unless otherwise noted, this contract excludes bid bonds, surety bonds, waivers ofsubrogation, testing, engineering and permits, base under concrete, curb painting, utilitytrenchpatching,anyotheritemsnotspecificallylistedinourscopeofworkinthisproposal.(i) Wearenotresponsibleforthefollowing:fordamageto undergound unforeseen utilities or buried structures, or damage done to equipment by these unf-oreseen items, residual cracking due to expansion and contraction of pavement, scuffing due to power steering and/or hot weather. (Longer drying times may be needed due to cold weather). (ii) Kem Asphalt does not guarantee the following: adhesion ofmaterial to badly oil soaked pavement, cracks in overlaid asphalt areas will not appear, and drainage when less than 1.5%. (iii) All vehicles and obstacles are to be removed from area, by customer, prior to Kem Asphalt's arrival. All work to be done Mon-Fri in one phase/mobilization.

Upon the customers acceptance of this proposal, and the "Additional Terms and Conditions" on Page 2, this will become the "Agreement" between the parties.

Acceptance Of The "Agreement" By Customer: Authorized Signature by Kern Asphalt:

Date:

1. Sawcut Existing Asphalt Edge

2. Add 1 Load Of Base & Touch Up Existing Base To Receive 3" Of New A/C

3. Import, Place & Compact 3" AIC Paving On 6,100 Sq Ft

4. Clean The Entire Area'With An Air Broom

5. Apply 2 Coats Of Fiberseal On 11,531 Sq Ft

6. Stripe For Parking: 36 Stalls
*Prevailing Wage
*One Phase Included
*Material Prices Cannot Be Guaranteed, All lncreases Will Be Passed To The Customer *Excludes Any Bumper Blocks
*Excludes Bonds, Add An Additional $535.00 To The Total, If Needed Print: Sign:

A
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City of Shafter

SHAFTER COUNCIL AGENDA REPORT
Meeting Date:

FROM:

April5,2022
Gabriel A. Gonzalez,City Manager
Prepared By Yazmina Pallares, City Clerk
SUBJECT: CITY CHARTER REVIEW

RECOMMENDATION
Council receive the Decennial Review of the City Charter and provide any direction as Council may desire.

BACKGROUNI)
There are two forms of city governance under California law - charter cities and general law cities.

The City of Shafter is a charter city. City charters are authorized by the California Constitution. A City charter must be approved by the voters, and once approved, it becomes, in essence, the local constitution that governs the City. The charter may address a wide range of municipal matters, and generally gives the City greater autonomy in governing. On matters of statewide concern, however, local charter provisions may be preempted by State law. Cities that do not have a voter-approved charter are "general law" cities, governed by the provisions of state law.

A City's Charter is the foundational document for City governance. The Charter establishes the basic rules for city government and is the source of the City's system of checks and balances that prescribe the relationship between elected officials, staff and residents. Among other things, the Charter establishes the number of officials elected to serve the public and how much authority elected offrcials may exercise. The Charter also determines how city elections shall be conducted.

The City's Charter was adopted in 1995 by a majority vote of the City's voters. No amendments to the Charter have been proposed or adopted since its establishment. The creation of the 2022 Citizens Charter Advisory Committee will be the second decennial review of the Charter. The first decennial review of the Charter in 2011 resulted in no adopted revisions. The charge of the Committee is to develop policy recommendations, and not to craft proposed Charter language.

The Decennial Committee to follow in ten years is required to review the minutes and intent documents of prior reviews and consider the appropriateness of the issues addressed.

The City's Charter requires the creation of a"Citizens Charter Advisory Committee" to review and make recommendations on the Charter every ten (10) years. The Council creates the Committee following the U.S. Census Bureau's report on the offrcial decennial results for the City.

Due to the Covid-19 pandemic, the U.S. Census Bureau reporting of census data was delayed. On September 20,2021the official decennial results were released. Shafter's population from the 2020 decennial totals 19,953. The Committee's charge is to consider any revisions to the Charter which may be beneficial to the City. Once created, the Committee's final recommendations must be submitted to the Council within six (6) months.

MANAGEMENT REPORT 2
City Charter Review
Staff is recommending that the Citizens Charter Advisory Committee be composed of hve (5) members. Each Council Member to appoint one member. The committee members should be registered voters within the City. The Committee should complete its work by June 30,2022 and submit a report to the City Council. At the April 19,2022 City Council meeting staff will be presenting a resolution for the formation of the Citizens Charter Advisory Committee.

FISCAL IMPACT
No fiscal impact.

ATTACHMENT
None.
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 2018 Best Best & Krieger LLP
Charter Cities and the Charter
Amendment Process
Presentation to City of Shafter City Council
Purpose + Scope of Presentation
• California cities are either general law or charter cities • This presentation will address:
• Nature of general law v. charter cities
• Specific examples of charter city powers
• Procedures for amending a charter
General Law v. Charter Cities
Charter City: a city that has formally adopted its
own charter (i.e., a city “constitution”)
General Law City: a city that has not adopted its
own charter
General Law Cities
• General law cities are
bound by the state’s
general laws with respect
to municipal affairs.
• Of California’s 482 cities,
approximately 360 are
general law cities.

Charter Cities
• Charter cities have supreme authority over “municipal affairs,” subject to basic constitutional limitations such as due process and equal protection
• Authority over “municipal affairs” need not be contained entirely in charter – a charter city’s ordinances have same effect • Charter cities do not have authority over matters of “statewide concern”, as determined by the courts
• Matters of “statewide concern” have increased over the years, narrowing the distinction between charter and general law cities through preemptive State law
“Municipal Affairs”
• Charter cities have supreme authority over “municipal affairs,” including but not limited to:

1. Municipal elections

2. Methods of enacting local ordinances

3. Compensation of City officials & employees

4. Public contracting

5. Acquisition and establishment of municipal parks

6. Operation of a municipally-owned utility

7. Imposition of license tax on local businesses
• The California Constitution does not define “municipal affairs,” therefore it is up to the courts to define this term “Matters of Statewide Concern”
The State Legislature has full authority over both general law and charter cities with respect to matters of “statewide concern,” including, but not limited to, the following:
Brown Act
Public Records Act
Regulation of traffic and vehicles
Licensing of members of a trade or profession
CEQA
Exercise of eminent domain
Government Claims Act (ie., class actions)
Labor relations (Meyers-Milias-Brown Act - MMBA)
General Law v. Charter Cities
• The distinction between
general law and charter
cities has narrowed over
time.
• Ex: prevailing wages on
public projects (SB 7)
• Required if any state or
federal funds involved
City of Shafter - Charter History
• City Charter was approved by Shafter voters on June
6, 1995
• The City Charter has not been amended since its
adoption on June 6, 1995
Procedure for Drafting and
Adopting a City Charter Amendment
• State law generally provides three methods to amend a charter:

1. City Council drafts the charter amendment and
proposes it to the voters;

2. Elected charter commission drafts the charter
amendment and submits it directly to the voters; or

3. A citizens’ initiative (15% signature petition) is filed placing a charter amendment directly on the ballot
City of Shafter
Decennial Review
Article X Section 10.02
“Within 60 days of reporting the official results for the City by the United States Bureau of the Census for
each decennial census of population, the Council
shall create a Citizens Charter Advisory Committee
which, within not more than six months, shall review
the City Charter and make any recommendations to
the Council regarding any revisions which it may feel
to be beneficial to the City. Each decennial
Committee shall review the minutes and intent
documents of the preceding Committee, and consider
the appropriateness of previously considered issues.”
Commission-Drafted Charter Amendment

1. Council appoints Charter Commission to possible consider amendments

2. Additional State law compliance issues:
a. If land use/development affected – CEQA
b. If labor relations affected – negotiate in good faith under MMBA

3. Commission conducts meetings/hearings and proposes one or more charter amendments to City Council that may be beneficial to the City

4. City Council adopts ordinance to place charter amendment(s) on the ballot

5. Proposed charter amendment(s) voted on at next election date scheduled under State law occurring at least 95 days later (August 5, 2022) next election (November 8, 2022)

6. If approved by majority of voters, charter amendment(s) ratified and filed w/ State
Draft Timeline for Nov. 8, 2022 Election
(Commission Work Complete in January)
• Commission deliberations conclude TBD
• Commission approves proposal by majority
vote and files report with City Clerk TBD
• Council meeting and call of election by August 5, 2022 (E-95 days)
• Charter Amendment Election Nov. 8, 2022
Draft Timeline for Nov. 8, 2022 Election
(Commission Work Complete in June)
• Commission deliberations conclude May-June, 2021
• Commission approves proposal by majority
vote and files report with City Clerk TBD
(last mtg. before extension expires)
• Council meeting and call of election by August 5, 2022 (E-95 days)
• Charter Amendment Election: Nov. 8, 2022
 2018 Best Best & Krieger LLP
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