MovED (ctttøNs) AND SEC)NDED (Lornz) couNCrL ADoprED RES)LUTT)N 2877, ¿ RES)LUTT)N oF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORN]A, APPROVING AND ADOPTING THE ANNUAL OPERATING BUDGET AND CAPITAL IMPROVEMENT PLAN FOR F]SCAL YEAR 2022-2023 AND APPROPNATTNG THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, LOPEZ, ANDPROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
FIRST READING OF ORDINANCE 737 TO AMEND EXISTING FRANCHISE SOLID \ryASTE HAULING AGREEMENTS TO COMPLY \ryITH MANDATES ESTABLISHED BY SENATE BILL 1383: Public V/orks Director James made introductory comments.
MovED (ctvøNs) AND SEC)NDED (møz) couNCrL F)UND THE RE7UESTED ACTT)N rs EXEM?T FR)M THE CALIFORNIA ENV]RONMENTAL SUALITY ACT; AND ]NTRODUCED FOR FIRST READING AND WAIVED READING, ORDINANCE 737, ¿N ORDINANCE OF THE CITY OF SHAFTER CALIFORNIA, APPROV]NG AMENDMENTS TO CITY,S EXCLUSIVE SOL]D WASTE FRANCHISE AGREEMENTS W]TH AMERICAN REFUSE, TNC. AND VARNER BROS., INC. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, LOPEZ, ANDPROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
APPROVAL OF AGREEMENT WITH AMERICAN REFUSE FOR CORE CITY
HANDLING OF RESIDENTIAL SOLID WASTE, ORGANICS, AND
RECYCLING COLLECTION SERVICES: Public Works Director James made introductory comments.
MovED (ctrnNs) AND SEC)NDED (ALVARAD)) couNCrL F)UND THE RE7UESTED ACTT)N rs EXEM?T FROM THE CALIFORN]A ENVIRONMENTAL QUALITY ACT; APPROVED THE ,,FRANCHISE AGREEMENT FOR COLLECT]ON AND HANDLING OF RESIDENTIAL SOLID WASTE, ORGAN]CS, AND RECYCLTNG BETWEEN THE CITY OF SHAFTER AND AMERICAN REFTJSE, INC. (CONN CITY),, AS PREPARED AND APPROVED BY THE CITY ATTORNEY; AND AUTHONZED THE MAYOR AND CITY ATTORNEY TO EXECUTE SATD AGREEMENT ON BEHALF OF THE CITY. MOT]ON CARRIED BY THE FOLLOWING VOTE:
AYES.' ALVARADO, ESPINOZA, GIVENS, LOPEZ, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
REQUEST TO (1) TEMPORARILY AUTHORIZE A SECOND SENIOR
PLANNER POSITION AND (2) APPROVE A ONE-TIME AMENDMENT TO THE PLANNING DEPARTMENT BUDGET IN THE AMOUNT OF $115,000 TO
HIRE A NEW SENIOR PLANNER IN ADVANCE OF THE IMPENDING
RETIREMENT OF INCUMBENT SENIOR PLANNER: City Manager Gonzalez made introductory comments.
4 5
6 Minutes of the Shafter City Council
June21,2022
MovED (crrnus) AND SECzNDED (rorøz) couNCrL (l) røurontuLy AUTHzNZED A sECoND sENroR PLANNER POSITION AND (2) APPROVED A ONE-TIME GENERAL FUND BUDGET AMENDMENT FR)M THE GENERAL FUND UNASS]GNED FUND BALANCE IN THE AMOUNT OF 8]]5,OOO To THE PLANN]NG DEPARTMENT FOR THE H]RING OF A NEW SENIOR PLANNER. MOT]ON CARNED BY THE FOLLOW]NG VOTE:
AYES: ALVARADO, ESPINOZA, G]VENS, LOPEZ, ANDPROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE,
ADOPT URGENCY ORDINANCE 739 APPROVING AND ADOPTING
EXECUTION OF A SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BET\ilEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., SEVENTH STANDARD RANCH INVESTORS, LLC., AND LENNAR HOMES oF CALIFORNIA, rNC: City Manager Gonzalez made introductory comments.
MovED (ctrnus) AND SECzNDED (roraz) couNCrL wArvED FURTHER READTNG AND ADoprED L]RGENCY ORDINANCE NO. 739, AN TJRGENCY ORDINANCE oF THE C]TY C)UNCIL oF THE CITY oF
SHAFTER, CALIFORNIA, APPROVING AND ADOPTING EXECUTION OF A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., SEVENTH STANDARD RANCH INVESTORS, LLC., AND LENNAR HOMES OF CALIFORNIA, ]NC. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESP]NOZA, G]VENS, LOPEZ, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS.' NONE.
CITY MANAGER COMMENTS AND REPORTS: City Manager Gotualez reported an update on the schedule of upcoming events; and reminded the City Council of the cancellation of the July 5,2022 City Council meeting; the next regular City Council meeting is scheduled for July 19,2022.
DEPARTMENT DIRECTOR COMMENTS AND REPORTS: No reports at this time ADJOURNMENT:
MovED (ttrznloo) AND SECzNDED (Lorøz) couNCrL ADJIzRNED THE MEETTNG AT 7:00 p.M.
MOT]ON CARRIED T44TH NO OPPOSITION.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
MINUTES OF THE SPECIAL MEETING OF THE
SHAFTER CITY COUNCIL
COUNCIL CHAMBERO 336 PACIFIC AVENUE
MEETING HELD IN.PERSON AND VIAZOOM AND LIVESTREAM TO YOUTUBE TUESDAY, JUNE 28,2022
Pursuant to AB 361 Issued by Governor Gavin Newsom on September 20r2021 and, to the extent applicable, Government Code Section 54953(e), this meeting was held as a Virtual Meeting viaZoom and livestreaming on YouTube Live.
CALL TO ORDER:
ROLL CALL:
4:02 p.m.
PRESENT (In-Person): Mayor Prout, Mayor Pro Tem Givens, Council Members Alvarado and Espinoza. ABSENT: Council Member Lopez. Also present: City Manager Gonzalez, City Attorney I|;f.afünez, and City Clerk Pallares.
APPROVAL OF AGENDA:
MovED (ctvnNs) AND SECzNDED (ESpINozA) couNCrL AppRovED THE AGENDA AS zRESENTED. MorroN CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESP]NOZA, G]VENS, ANDPROUT,
NAYS: NONE.
ABSENT: LOPEZ.
ABSTENT]ONS: NONE.
PUBLIC COMMENT: There were no members of the public wishing to speak.
RECESS:
MOI/ED (ZLT.ANANO) AND SECONDED (CITIøus) CIUNCIL RECESSED INTI CLzSED SESSIzN AT 4..03 p.u.
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Government Code 54957) Title: City Manager and City Attorney. couNCIL RE7zESTED To IzNTTNUE DrscussroN FoR THE CITY MANAGER EVALUATION AND ADD LABOR NEGOTIATIONS I4/ITH NONREPRESENTED EMPLOYEES TO BOTH BE AGENDIZED FOR THE NEXT REGULAR CITY COUNCIL MEETING.
ADJOURNMENT:
MovED (,tLv,nntno) AND SECzNDED (cttrøNs) couNCrL ADJIvRNED THE MEETTNG.qT 6:26 p.u. MorroN CARRIED WITH NO OPPOSIT]ON WITH COUNCIL MEMBERLOPEZABSENT.
Cathy L. Prout, Mayor
ATTEST:
I
Y az¡nina Pallares, City Clerk
336 Pacific Avenue, Shafter CA93263
Tel: (661) 746-5002. Fax (661) 146-9125
Email: facilitvrentals @ shafter.com
APPLICATION FOR SPECIAL EVENT PERMIT
Shafter Municipal Code 11.02.100 permits short-term placement of activities on privately or publicly owned property with appropriate regulations so that such activities are compatible with the surrounding areas.
The City's Project Assistance Team is authorized to approve a special event permit if the event is expected to accommodate less than 50 persons. City Council approval is required if more than 50 persons will attend.
Complete applications must be received a minimum of 30 days prior to the event. If errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision. Acceptance of your application is not a guarantee of approval. After the initial intake of your completed application, other City permits may be required. Application Fees are due at the time of submittal and are non-refundable.
APPLICANT: Name (Contact Person) J.r77e <z
Name of Business or Organization (if applicable)
If Organizafion, what type: Tservice Club .El.Cnu."t E Other:
Mailing Address: () tLr., 3U^ S:rrte CA q? 6,?
Ph Fax Email e ë - C¡p¡
TYPE OF EVENT (concert, pande, party, promotion, rally, wedding, parade, etc.) DATE(S) OF EVENT: From To: Ò L2-
TIME OF EVENT: From: lllo4'^ rc: ofu ,QlJ¡r¡*t
TIME SET-UP STARTS: TIME CLEAN-UP ENDS: 0roo
NUMBER OF ATTENDEES: gç@.- 9Õ ADMISSION F.EE? Yes No
LOCATION OF EVENT:
Name of Property Owner: {Le¡¡.¿
FULL DESCRIPTION OF ACTIVITY: (check all thar apply)
KlAmplified speech or music f poo¿ Beverages served/sold** l-lBanners/Flags to be used ,^Eþublic Dance [street closure (attach map) Igarricades (attach map) f fquipment to be brought in (specify below) Food Vendors x*a. copv of the Communítv Event Permit issued bv Kern Countv Publíc Health must be attached Alcoholic Beverage ** the event orsanízer must obtøín øn ABC lícensed issued bv Alcoholic Beverase Control EVENT ORGANIZERS ARE RESPONSIBLE FOR ENSURING ALL VENDORS ARE PROPERLY LICENSED. r
Additional Pertinent Information (attach additional sheet if necessary GENERAL REQUIRT,MENTS:
l. Execute a Hold Harmless Agreement.
2. Provide a Certificate of Insurance with an Endorsement for the City of Shafter, if required. See o'Insufance Requirement" below.
3. There shall be no disruption in normal vehicular traffic flow.
4. All City noise regulations must be observed.
5. Parking must be in authorized parking spaces only.
6. There shall be no alcoholic beverages at event without prior City Council approval. 7 . Carefully observe Hours of Event, as stated on permit.
7. All set-up and clean-up is the responsibility of the permit-holder. Following the event, all facilities must be left in a clean and orderly condition.
8. If indicated, comply with any additional conditions that may have been imposed as Conditions of Approval following review of your application for a Special Event permit.
9. Do not advertise your event until the application is approved.
10. Application fees are non-refundable.
INSURANCE REQUIREMENTS ONLY IF THE EVENT WILL BE HELD ON A CITY OWNED FACILITY OR ON CITY RIGHT-OF-WAY:
1. 2.
a
4. 5.
Open to the Public
Fundraising
More than 100 persons
Amplification
Alcohol to be served/sold
EîYes
Fl-'Y".
ffiv.t
EIY.'
!Yes
!No
ßLNo
o
o
o
If any one or more of the boxes above are marked YES, a Certificate of Insurance must be filed two weeks prior to the event. The Certificate of Insurance alone is not an acceptable proof of coverage and must be accompanied by an Endorsement page naming: "The Cify of Shafter, it's Officers, Employees, City Council members, Agents, Boards and Commissions" as additional insured. The insurance coverage accepted is $1,000,000 per occurrence and $2,000,000 general aggregate. In addition, if Alcohol is present or sold, a host liquor liability in the amount of $2,000,000 per occurrence and S4,000,000 general aggregate must be produced.
The following Hold Harmless Agreement is also required:
This is to certify that agrees to indemnify
and hold harmless the City of Shafter, its Employees, ity Council members, Agents, Boards and Commissions from and against any and all claims, liability loss, costs, damages, fees of attorneyso and other expenses which the City may sustain or incurby reason of, or in consequence of, the use of City streets and land, including but not limited to, sums paid on liability judgments in relation to use of land and streets.
Furthermore, I certify that I am the applicant or authorized agent and that the information filed is true and correct to the best of my knowledge. I understand that additional Conditions of Approval may be imposed on my event by the Project Assistance Team or the City Council, and I agree to comply with any conditions that may be required.
Applicant's Signature Date: 0
CHIEF OF POLICE: [J Approved tr Approved with Conditions Listed Below Date:
tr Denied
Signature:
PROJECT TEAM tr Approved
Signature:
CITY COUNCIL: tr Approved
with Conditions Listed Below tr Denied
Date: +/ \rl2-> /l
[J Approved with Conditions Listed Below tr Denied
é -
,(-¿ < c_ €,
þpp.ou.o
Signature: Date:
CONDITIONS OF APPROVAL
As part of the approval process for a Special Event Permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in the City Zoning Ordinance. These conditions may involve any factors affecting the operation of the temporary use or event. Conditions of Approval include the following items circled:
l. Provision of temporary parking facilities, including vehicular ingress and egress.
2. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent propefties, noise, vibration, smoke, dift, odors, gases, and heat.
3. Regulation of temporary buildings, structures, and facilities, including placement, height and size, location or equipment and open spaces including buffer areas and other yards.
4. Provision of sanitary and medicalfacilities.
5. Provision of solid waste collection and disposal.
6. Police and fire concerns.
7. Provision of security and safety measures.
8. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than requested.
9. Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former conditions.
10. Submission of a site plan indicating any information required by the Zoning Ordinance.
11. A requirement that the approval of the requested special event permit is contingent upon compliance with the Zoning Ordinance and with other applicable provision of other ordinances, resolutions, or regulations.
12. Other conditions that will ensure the operation of the proposed special event in an orderly and efficient manner and in accordance with the i and purpose of the ZoningOrdinance
13. Additional Conditions of Approval: 5o
Received by \.Vl,.l-O...atr<. L
FOR OFFICE USE ONLY
Date 7 Zoning of
Card Check No. Zì 4 tt Fee Waived: tr Yes úNò pee: s25 cash '/\ E Yes
tr Yes
E Yes
E Yes
A Park Use Permit Issued
A Encroachment Permit Issued
Insurance Certifi cate Fi led
ABC License
RJÑ
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"#'- City of Shafter
StsIAFTER COUNCIL AGENDA REPORT
Meeting Date:
FROM:
Iuly 19,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT APPROVAL OF CITY REFUSE TRUCK FLEET AS SURPLUS PROPERTY
AND AUTHORIZE SALE
RECOMMENDATION
Council declare the listed vehicles as surplus property; and authorize the sale of vehicles to American Refuse for prices listed for a purchase price of $200,000.
BACKGROUND
The City Council previously authorized awarding a solid waste collection hauling franchise to American Refuse for all Core City residents. Once this franchise is in effect, all service areas of the City will be covered by franchise haulers, which means the City's refuse truck fleet will no longer be in use and can be declared surplus property. Although City vehicles are typically sold at auction, American Refuse is willing to purchase the refuse fleet that is salvageable, totaling 4 trucks, and has negotiated a total purchase price of $200,000 with Public Works. The following is a summary of the fleet vehicles included in this purchase price:
Truck Asset
f No DescriÞt¡on
License
Milease Plate VIN
Purchase
Cost DeDreciation Book Vâlue
Proceeds
f¡om Sale Gain/(!oss)
29 2545 2007AUTOCAR
30 2546 2O1O PETERBILT PB32O
417 55OO 2018VOLVO MODELVNR
LI6 2896 2016 PETERBILT MODEL PB32O
Totals
L7 4,076 7255352 sVCDC6MF97H203994
155,636 1275569 3BPZL00X1AF719966
21,310 1s80739 4V5WC9DF7J N888190
82,07 4 L44.7044 3BPZU0X0GF105814
796,299.96
230,945.96
240,874.06
250.358.40
196,299.96
230,945.96
92,335.05
250.358 4{}
148,539.01
1,sm.00
1,500.00
155,000.00
42.000.00
1,s00.00
1,500.00
6,460.99
42.000.00
s918.478.38 s 769.939.37 $ s200,(m.00 s51.460.99
The City can use the proceeds from the sale of the refuse fleet to purchase vehicles and equipment prioritized by City departments and the Council, including a graffiti removal truck, water truck, bucket truck, parks mower, or general fleet trucks. At this time, the Public Facilities and Streets Divisions of Public Works have the most unfunded needs amongst the Public Works Department.
FISCAL IMPACT
There are no expenses required for the sale of refuse fleet. The assets will be removed from the city's records and there will be a slight operating savings related to the property insurance. The city will recognize a gain or loss on each asset depending on the book value, but no budget adjustments are necessary. Current estimates show that the purchase price will cover the book value which avoids unrealized losses on sale of assets.
CONSENT CALENDAR tØ
Approval of City Refuse Truck Fleet as Surplus Propertv and Authorize Sale
ALTERNATIVES
The Council can direct staff to have the surplus refuse fleet auctioned to potentially produce a larger sale price. However, based on the cuffent market for used refuse trucks, the price American Refuse has agreed to is fair. Secondly, an auction process would consume more staff time to coordinate and involve a third-party fee that would reduce the sale price for the City. Finally, the sale would benefit a hauler that has a solid track record of service to the local community.
Alternative action is not recommended.
-2-
1?# City of Shafter
SHAFTER COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Kevin Harmon, City Engineer
SUBJECT: NOTICE OF COMPLETION AND ACCEPTANCE OF WORK OF
SEVENTH STANDARD ROAD STREET IMPROVEMENTS PLAN
GOSSAMER GROVE TO FRIANT KERN CANAL (LENNAR HOMES OF
CALIFORNIA)
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept the public street improvements constructed on and along the north side of Seventh Standard Road between Gossamer Grove Blvd. and the Friant Kern Canal; and authorize the City Engineer to file Notice of Completion and Acceptance of 'Work for said public improvements.
BACKGROUND
Lennar Homes of California constructed street improvements for the north side of Seventh Standard Road between Gossamer Grove Blvd. and the vehicular and pedestrian bridges over the Friant Kern Canal. The street improvements include curb, gutter, sidewalk, street paving, street lighting, relocated signs, overhead signs, and signal hardware. All improvements have been completed per the approved development plans and are acceptable to the City Engineer effective October 29,202I.
FISCAL IMPACT
Lennar Homes of California completed the construction of the public street improvements at no cost to the City. Upon acceptance of the work by the Council, maintenance and repairs will be provided by the developer through a one-year warranty period. After the warranty period, maintenance and repairs will be funded through the City's Streets Operations budgets. Therefore, 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 1537S(bX5) of the CEQA Guidelines. The action is organizational and administrative activities of governments that will not result in direct or indirect physical changes to the environment.
CONSENT CALENDAR 1
Notice of Completion and Acceptance of Work - Seventh Standard Road Street Improvements Plan - Gossamer Grove to Friant Kern Canal
ALTERNATIVES
There is no viable altemative to the requested action. The developer fulfilled its obligation regarding the construction of public improvements associated with the approval of a development.
The Council must formally accept the improvements for the City to assume responsibility for future maintenance and repair work.
ATTACHMENTS
1. Vicinity Map of Improvements
-2-
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# City of Shafter
SFIAFTER COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM Gabriel A. Gonzalez,City Manager
Prepared By: Michael James, Public'Works Director
SUBJECT: STREETLIGHT POLE PURCHASE AWARD
RECOMMENDATION
Council find the subject activity is exempt from the California Environmental Quality Act; approve a cost proposal submitted by Azco Supply for the purchase of 15 replacement streetlight poles in the amount of $27,268.31; and authorize the Public V/orks Director to award purchase of said replacement streetlight poles.
BACKGROUND
Dozens of streetlight poles within a residential area on both sides of Lerdo Highway, west of Schnaidt Street, have been deteriorating to the point where staff had to remove some for safety purposes. A developer originally installed these pole types as an alternative to a standard City assembly. Last year, the City awarded a project to Advanced Lighting Services, a vendor and contractor specializing in streetlight retrofits, through an emergency procurement procedure, which resulted in ten streetlight poles being replaced at an approximate cost of $60,000 or $6,000 per pole. Several more poles still need to be replaced, some of which have similarly been removed for safety purposes.
Staff now proposes a strategy that purchases the poles directly from a supplier and performs the installation through a combination of City and contracted crews as an alternative to awarding complete replacement work to a contractor. For the purchase, suppliers requested informal bids for 15 replacement poles, resulting in one completed proposal submitted by Azco Supply for a price of 827,268.31or approximately $1,800 per pole. The costs to have a contracted crew assist City crews with the installation would likely need to be paid on a time and materials basis and, therefore, difficult to estimate at this point. However, the tallied purchase and installation cost should be less than what was paid for the previous replacements.
CEQA ANALYSIS
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement and Reconstruction) of the CEQA Guidelines because the City is only replacing existing older light poles with new light poles in the public right-of-way. The project will not expand or change the use of the public right-of-way or existing street infrastructure. The project is for public safety purposes.
CONSENT CALENDAR r
Streetlight Pole Purchase Award
FISCAL IMPACT
Budget Account No. 0100-40-400-19-02-51012I, generally used for streetlight replacement and repairs, has an unspent balance of $ I 50,000. No budget action is required.
ALTERNATIVES
The Council can reject the requested action and direct staff to develop a project for formal or informal bidding that consists of a contractor taking the lead on purchasing and installing streetlight poles in need of repair or replacement. However, even if the proposed strategy may not be a long-term solution, its application, in this case, will help staff assess its effectiveness for projects of similar scales. Secondly, there is a sense of urgency to complete this round of streetlight pole replacements because some have been removed for safety reasons, leaving streets without proper illumination. Therefore, alternative action is not recommended.
ATTACHMENT
1. Cost Proposal Submitted by Azco Supply
AZ QUOTATTON
lPage 1 of 1|
225O Stewart St. #9
Stockton, CA 952Os
Tel: 2O9.943.245.2
Fa¡c 2O9.943.o,342
Attn:
Company:
Bid Date:
Date:
Project:
KEVIN GIBSON
CITY OF SHAFTER
06129122
06t29t22
SHAFTER POLE REPLACEMENTS, CITY OF SHAFTER
Quoted By: DAN
Spec. Year:
Revisions:
Addendum:
Memos:
Quantity Description Price Extension
15 15 POLES-RSP16-4.0-11-G-2-SBP-SBC-LAB
FIXTURES - 245L P2O2 MVOLT 4OK R2 RNA GY PR3 PCLL SA
"Contempo LED, P202 Performance Package, 120-277V, 4000K, Roadway Type ll, Rain Acrylic, Gray, 3-pin NEMA
twistlock, Solid-state long life photocontrol, Style A
NOTES:
- LEAD TIME: UPON REQUEST
- CALTRANS SOURCE INSPECTION NOT INCLUDED
. INDEPENDENT INSPECTION OR TESTING NOT INCLUDED
- FREIGHT INCLUDED
- PRICES GOOD FOR 30 DAYS
- ANCHOR BOLTS INCLUDED
- QUOTING UPDATED PART NUMBER
. QUOTING GALV POLES, PAINT NOT INCLUDED
$1,240 $18,600
$455 $6,825
SUBTOTAL
TAXT.25o/o
$25,425.00
$1,843.31
TOTAL $27,268.31
,:Alì
l1 "r or]
City of Shafter
SI-IAFTER COUNCIL AGENDA REPORT
MEETING: July 19,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared by: Bob Meadows, Business Development Director SUBJECT: RATIFY THIRD AMENDMENT OF AMAZON.COM SERVICES LLC LEASE OF PROPERTY AT 3501 SO. DzuVER, SHAFTER,CA93263
RECOMMENDATION
Council ratify the execution by the City Manager on behalf of the City of Shafter of the Third Amendment of Lease Agreement with Amazon.com Services LLC for use of the 4.02-acre Container Yard owned by the City of Shafter and located at 3501 So. Driver Road, Shafter, CA 93263.
BACKGROUND
City of Shafter (Lessor) and Arnazon.com Services LLC (Lessee) have agreed to a Third Amendment of the original Lease Agreement executed November 17,2021, to lease the City Container Yard for use as overflow trailer parking during Amazon's peak season.
Lessee has a continued need for overflow trailer parking and the term has again been extended.
However, the lease is now amended to open ended month-to-month agreement for flexibility of both the Lessor and Lessee
Lessee's monthly payment is being increased from $4,000 to $5,000 for the use of the yard with appropriate liability insurance to protect the City's interests. Lessee will not occupy the modular building on site.
Either Lessor or Lessee can cancel the lease with a l5-day notice.
The amendment to the lease agreement was prepared and approved by City Attorney.
CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a "project" per Section 15378(bX4) of the CEQA Guidelines. The action is government fiscal activity that does not involve any commitment to any specific project that may result in a potentially signihcant impact on the environment.
CONSENT CALENDAR q
Ratification of Lease Asreement with Amazon.com Services LLC for City Container Yard
FISCAL IMPACT
No budget action is required with the negotiation and execution of a City Lease Agreement. The adopted Fiscal Year 2022-2023 budget contained suff,rcient funding for the nominal legal costs.
ALTERNATIVES
1. Reject approval of the Third Amendment to the Lease Agreement. STAFF DOES NOT RECOMMEND THIS OPTION.
ATTACHMENTS
1. Third Amendment to Lease Agreement - Signed by all parties
2. Original Lease Agreement
-2-
THIRD AMENDMENT TO
REAL PROPERTY LEASE AGREEMENT BET\ryEEN
THE CITY OF SHAFTER AND
AMAZON.COM SERVICES LLC
This Third Amendment to the Real Property Lease Agreement (the "Third Amendment") between the City of Shafter ("Lessor"), a Califomia municipal corporation, and Amazon.com Services LLC, a Delaware limited liability company ("Lessee"), is entered into and made effective July 1, 2022 ("F,ffective Date"). The above parties may be individual referred to as *Pafi" and collectively referred to as the "Parties."
RECITALS
The Parties entered into that certain Real Property Lease Agreement ("Agreement") on or about November 17,202I, for lease of Lessee's container yard located at 3501 So. Driver Rd. in the city of Shafter, California.
On or about January 28,2022, the Parties entered into a First Amendment to the Agreement to extend the term of the Agreement by 90 days, to April 30, 2022.
On or about April 12,2022, the Parties entered into a Second Amendment to the Agreement to extend the term of the Agreement by 60 days, to June 30, 2022.
The Parties now wish to change the term of the Agreement to a month-to-month tenancy.
AGREEMENT
In consideration of the mutual obligations in this Third Amendment and the Agreement, the Parties agree as follows:
Section 1. Section 3.2 of the Agreement is amended to read in its entirety as follows:
"3.2 Term. Commencing on July 1, 2022, tenancy shall continue on a month -to-month basis ending the last day of any given month ("Lease Term"), unless otherwise modified in writing by the Parties or terminated earlier as provided in the Lease. Either Party may terminate this lease by delivering to the other party written notice of termination 15 days prior to the next rent due date."
Section 2. The Lease Payment in Section 3.3(A) of the Agreement is hereby changed from $4,000 per month to $5,000 per month. All other provisions of Section 3.3(A) remain unchanged.
Section 3. Except as expressly modified by this Third Amendment, all provisions of the Agreement remain unchanged and in full force and effect.
ISTGNATURES ON FOLLOWTNG PAGEI
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A.
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I 7236.00000\40124472 2
IN WITNESS V/HEREOF, the Parties hereto have executed this Third Amendment as of the date first herein written above.
LESSOR:
City of Shafter,
a California municipal corporation and charter city
By:
Gabriel Gor.zalez, City Manager
ATTEST:
Y azmina Pallares, City Clerk
LESSEE:
Amazon.com Services LLC, a Delaware limited
liability company
Name:
Title:
By
I 7236. 00000\40 12447 2.2
-2-
CONTAINER YARI)
LEASE
between
TEE CITY OF'SIIAFTER
a California municipal corporation
and
AMAZON.COM SERVICES LLC
a Delaware limited liability company
I 7æ6.00000\3¿M44618.3
1. Parties and Date. This Real Property Lease ("Lease"), effective November 11 ,2021 ("Effective Date"), is between the City of Shafter, a California municipal corporation and charter city ("Lessor"), with its principal place of business at336 Pacific Avenue, Shafter, California 93263, and Amazon.com Services LLC, a Delaware limited liability company ("Lessee"), with its current principal place of business at4l0 Terry Avenue North, Seattle, Washington 98109. The Lessor and Lessee are each sometimes referred to individually as a"Pa$¡" and collectively as the "Parties."
2, Recitals.
2.r Lessor Property. Lessor is the owner of that real property located at 3501 So.
Driver Road, Shafter California 93263, in the County of Kern ("Property"). The Lessor Property is currently improved with an approximately 400 square foot modular office building, paving, and fencing, as described on the attached Exhibit A. During the Lease Term, Lessee will not occupy the modular office building and will not be responsible for any maintenance or repair related to the modular office, except to the extent that Lessee causes any damage.
2.2 Purpose of Lease. Lessee desires to lease the Propefy from Lessor and Lessor agrees to lease the Property to Lessee for due and adequate consideration, the receipt and sufficiency of which are acknowledged by the Parties and further described and set forth in this Lease, for Lessee's use as a trailer parking yard or other use approved by the Lessor in Lessor's sole and absolute discretion.
NOW, THEREFORE, for and in consideration of the rent, covenants and agreements contained in this Lease, Lessor and Lessee hereby covenant and agree as follows:
3. Terms.
3.1 Description of Leased Premises. Lessor hereby leases to the Lessee and Lessee leases from Lessor, on the terms and conditions set forth in this Lease, the Property, which consists of a modular building of approximately 400 square feet ("Office") and approximately 4.02 acres of fenced pavement area. ("Yard") as more specifically shown on the diagram attached as Exhibit A. Together the Office and Yard may be referred hereinafter as the "Leased Premises."
3.2 Term. Unless modified in writing by the Parties or terminated earlier as provided in this Lease, the term of this Lease shall begin on the Effective Date and terminate on January 31,2A22 ("Lease Term"). Either Parfy may terminate this lease by delivering to the other party written notice of termination 30 days prior to the date on which the Leased Premises is to be vacated; provided, however, and so long as I
I 723ó.00000\34,144618.3
Lessee is not in default under this Lease, that Lessor may not terminate during the period commencing on the Effective Date and ending on January 31,2022.
3.3 Lease Payment.
(A) Payment. The Leased Premises are leased to the Lessee for the sum $4,000.00 a month ("Lease Payment"), payable to the Lessor on the first of each montlt, provided Lessor has delivered all information to Lessee in order to fulfill such payment with first month's payment made within thirty (30) days from the Effective Date. Lease Payments shall be paid to Lessor at the address to which notices to Lessor are given, or to such other person or such other place as directed from time to time by written notice to Lessee from Lessor. Lessor shall issue invoices for such monthly lease payments due to the Lessee address in this document. In the event this Lease Term commences or ends on a date other than the first or last day of a calendar month, the Lease Payment for that month shall be prorated to reflect the actual number of days during that month in the Lease Term. (B) Triple Net.It is the purpose and intent of Lessor and Lessee that the Lease Payment payable rurder this Section 3.3 shall be triple net to Lessor and Lessee shall pay all costs, charges and expenses ofevery kind and nature whatsoever against the Leased Premises which may arise or become due during any term and which, except for the execution and delivery of this Leaseo would or could have been payable by Lessor.
3.4 Use. The Leased Premises are leased to Lessee solely for the purpose of parking trailers or other use approved by the Lessor in Lessor's sole and absolute discretion. (A) Compliance with Laws. Lessee shall, at Lessee's own cost and expense, comply with all applicable statutes, ordinances, regulations, md requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Leased Premises, relating to any use and occupancy of the Leased Premises (and specifically not limited to any particular use or occupancy by Lessee), and, to the extent applicable, the Lessor Propefy, whether those applicable statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. If any license, permit, or other govemmental authorization is required for the lawful use or occupancy of the Leased Premises or any portion of the Leased Premises, the Lessee shall procure and maintain it throughout the term ofthis Lease. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding 2 I 7æ6.00000\344,146 I 8.3
3.6 3.5
3.7 brought against Lessee by utry govemment entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as befween Lessor and Lessee and shall constitute grounds for termination of this Lease by Lessor.
(B) Prohibited Uses. Lessee shall not use or permit the Leased Premises or any portion of the Leased Premises to be improved, developed, used, or occupied in any manner or for any pu{pose that is in any way in violation of any law, ordinance, or regulation of any federal, state, county, or local govemmental agency, body, or entity. Furthermore, Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Leased Premises or any part of the Leased Premises.
Additional Uses. The Leased Premises may not be used for ariy other purpose without fìrst obtaining the written approval of Lessor.
RenewallExtension. At or before the end of the term of this Lease, this Lease may be renewed or extended by written agreement of the Parties, provided however, nothing contained herein shall be construed as obligating either Parry to renew or extend this Lease Term.
Payment of Taxes. Lessee acknowledges that this Lease may create a taxable possessory interest in Lessee. Lessee shall pay all current, but not past due real property taxes and assessments, general, special, ordinary, or extraordinary and improvementbondorbonds, if any (collectively, "Real Property Taxes") applicable to the Leased Premises during the term of this Lease. Lessee shall pay any and all Real Property Taxes, if any, levied or assessed and which become payable during the term hereof upon all leasehold improvements, equipment, furniûre, fixtures, and any other personal property located in or about the Leased Premises. Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid by Lessee at least l0 days before each such tax, assessment, or installment of tax or assessment becomes delinquent.
Lessee shall deliver to Lessor the official original receipts that evidence the payment of any taxes, assessments, and other charges required under this Section or Lessee shall retain at its sole cost and expense for the term ofthis Lease a tax service to notiff Lessor whether the taxes, assessments, and other charges have been paid by Lessee as required under this Section.
(A) TØc Returns and Statements. Lessee shall, as between Lessor and Lessee, have the duty of attending to, preparing, making, and filing any statement, 3 i 7236.00000\3444461 8.3
return, report, or other instrument required or permitted by law in connection with the determination, equalization, reduction, or payment of any taxes, assessments, or other charges that are or may be levied on or assessed against the Leased Premises, and any improvement located on the Leased Premises, personal property located on or in the Leased Premises or any improvements, and the leasehold estate created by this Lease. (B) Tax Hold-Harmless Clause. Lessee shall indemnifi' and hold Lessor, the City of Shafter, their officers, offrcials, employees, agents, attorneys, and volunteers and the property of Lessor, including the Leased Premises and any improvements now or hereafter located on the Leased Premises, free and harmless from any liability, loss, or damage resulting from any taxes, assessments, or other charges required by this Section 3.7 to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection ofany such taxes, assessments, or other charges.
(C) Payment by Lessor. Should Lessee fail to pay within the time specified in this Section 3.? any taxes, assessments, or other charges required by this Section 3.7 to be paid by Lessee, Lessor may, without notice to or demand on Lesseeo pay, discharge, or adjust that tax, assessment, or other charge for the benefit of Lessee. In that event, Lessee shall within five days of written demand by Lessor reimburse Lessor for the fuIl amount paid by Lessor in paying, discharging, or adjusting that tax, assessment, or other charge together with interest thereon at the then-maximum legal rate from the date of payment by Lessor until the date of repayment by Lessee.
3.8 Utilities and Janitorial Services. Lessee shall pay for all utilities serving the Lessor Property, including all connection fees, and related monthly service and usage charges associated with the Lessor Properly. Lessee shall also pay for all janitorial services for the Lessor Property. Lessee shall pay all charges for electricity, gas, water, sewer, refuse disposal, alarm service and any related expenses relating to the Lessor Properly.
3.9 Signage. Lessee may provide, with Lessor's prior written approval, at its own cost and expense, signage in a manner consistent with all applicable local laws, rules and regulations. The form and substance of the signage shall be subject to the Lessor's approval in Lessor's sole discretion.
3.10 Abandonment. The Lessee shall not vacate or abandon the Leased Premises at any time during the term of this Lease. Vacation or abandonment of the Leased 4 I 7236.00000\34,1446 I 8.3
Premises in violation of this Section 3.10 may be treated by Lessor as a material breach of this Lease.
3.11 Acceptance; Surrender. Lessee accepts the Leased Premises as being in good condition for Lessee's above-stated use. On expiration of the term of this Lease or earlier termination of this Lease, Lessee shall surrender the Leased Premises and all improvements in or onthe Leased Premises to Lessor in as good, safe, and clean condition as practicable, with Lessor to determine if damage to "Office" and "Yard" is deemed above and beyond reasonable wear and tear excepted, calling for additional compensation.
3.I2 No Partnership or Joint Venture. Nothing in this Lease shall be construed to render the Lessor in any way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other than that of lessor and lessee, nor shall this Lease be construed to authorize either to act as agent for the other.
3.13 Maintenance and Repair. Lessee shall maintain in good repair the Ofñce. Lessor shall not be required to repair or maintain the Office or any other part of the Leased Premises. If notified by Lessor, Lessee shall complete any and all such needed repairs, maintenance and replacements within a reasonable period of time at no cost or expense to the Lessor. Lessee shall, at Lessee's sole expense, keep the Leased Premises (including any and all improvements, alterations, fixtures and furnishings not otherwise covered herein) in good order, repair and condition at all times during any term of this Lease, provided, however, the Leased Premises is delivered to Lessee in good order. Under Lessor's supervision, subject to Lessor's prior approval, Lessee shall, at Lessee's sole expense, promptly and adequately repair all damage to the Leased Premises that occur during the Lease Term and shall replace or repair all damaged or broken fixtures and other improvements. At Lessor's option, or if Lessee fails to make such repairs or maintain the Leased Premises, Lessor may, but need not, make the repairs and replacements. On receipt of invoice from Lessor, Lessee shall pay Lessor Lessor's out-of-pocket costs incurred in connection with such repairs or maintenance plus l0 percent of such costs, to reimburse Lessor for all overhead and general conditions, fees and other costs and expenses arising from Lessor's involvement with such repairs and maintenance.
Lessee waives and releases its rights, including its rights to make repairs at Lessor's expense, under California Civil Code sections l94I-I942 or any similar law, statute or ordinance now or hereinafter in effect.
(A) Option to Terminate Leasefor Destruction Either Party shall have the right to terminate this Lease if the Leased Premises, including all improvements thereto, are destroyed by a casualty. For purposes of this Section, 5 r7 23 6.00000l3, 4444 6L 8.3
"destroyed" shall mean that the estimated repair cost of the Leased Premises, even though covered by insurance, exceeds 50 percent of the full replacement cost of the Leased Premises, including improvements thereto. (B) Application of Insurance Proceeds, Notwithstanding anything to the contrary contained in this Lease, any and all fire or other insurance proceeds that become payabie at any time during the term because of damage to or destruction of any improvements on the Leased Premises shall be paid to Lessee and applied by Lessee toward the cost of repairing and restoring the damaged or destroyed improvements on or about the Leased Premises.
3.14 'Waste and Covenant of Quiet Enjoyment. Lessee shall not commit, or allow to be committed, any waste upon the Leased Premises, or any nuisance or other act which may disturb any other lessee or occupant of the Lessor Property. Subject to Lessor's rights following an event of default, Lessor covenants that during the Lease Term Lessee shall peaceably and quietly have, hold and enjoy the Leased Premises subject to the terms, covenants, conditions, provisions and agreements contained in this Lease without interference by any persons lawfully claiming by or through Lessor.
3.15 Insurance. Lessee will carry commercial general liability insurance with a per occurrence limit of not less than $1,000,000 and $2,000,000 in the aggregate, naming Lessor and its affiliates as additional insureds. Visit httn://www.amazon.com/moi to view a memorandum of insurance as proof of Lessee's insurance coverage and limits. Additionally, Lessee shall provide a Certificate of lnsurance to Lessor within two (2) weeks of the Effective Date.
Lessor and Lessee each waive any rights, of subrogation or otherwise, each may have against the other or any insurance company on account of any loss or damage occasioned to Lessor's or Lessee's respective propefy or any part of the Yard, arising from any riskto the extent covered by, or would have been covered by, such party's insurance.
3.16 Assumption of Risk; Exculpation of Lessor. Except as specifically provided in Section 3.18 below. Lessee assumes all risk of loss to itselt which in any manner may arise out of the use of the Leased Premises, including, to the extent applicable, the Lessor Property, under this Lease. No¡withstanding any provisions to the contrary contained in this Lease other than Section 3.18 below, neither Lessor nor any of Lessor's officers, officials, employees, affrliates, attomeys, advisors, or agents shall have any personal liability directly or indirectly with regard to this Lease or the transaction described in this Lease, or any agreements made or entered into under or in connection with this Lease or any amendment or amendments to l 7236.00000\3444461 8.3
6 any of the foregoing made at any time. If Lessee asserts any claim arising out of or in connection with this Lease or the transaction described in this Lease, Lessee's sole recourse shall be limited to an award or awards against the Lessor not exceeding the fair market value of the estate and interest of Lessor in and to the Leased Premises, as such fair market value may be determined at the time of the entering of such judgment or award. No other properties or assets of Lessor shall be subject to levy, attachment, execution, or other enforcement procedures for the satisfaction of any judgment (or otherjudicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease or the transaction described in this Lease. Neither Lessor nor Lessor's offrcers, offrcials, employees, agents, contractors, advisors or affiliates shall have any personal liability or obligation whatsoever in connection with this Lease.
3.17 Condemnation
(A) Total Condemnation. If, during the term of this Lease, fee title to all of the Leased Premises or to all of the improvements, or the entire estate of the Lessor is taken under the power of eminent domain by any public or quasipublic agency or entity (including Lessor) ("Total Taking"), this Lease shall automatically terminate as of 12:01 AM. on whichever of the following first occurs: the date legal title becomes vested in the agency or entity exercising the power of eminent domain, or the date actual physical possession is taken by the agency or entity exercising the power of eminent domain. Thereafter, both Lessee and Lessor shall be released from all obligations under this Lease, except those specified in Section 3.17{Cl below. (B) Termination for Partial Taking. Lessee may terminate this Lease upon the occl¡rrence of less than a Total Taking by serving written notice of termination on Lessor within 30 days after Lessee has received from Lessor or from the condemning authority written notice of an intended taking that sets forth the extent and scope of the intended taking. If Lessee elects to terminate this Lease, the effective date of termination shall be the earlier of the date of termination specified in the Lessee's notice to Lessor or the date the condemning authority takes physical possession of the portion of the Leased Premises taken by eminent domain. On termination of this Lease pursuant to this Section 3.17ß), all subleases and subtenancies in or on the Premises or any portion or portions of the Premises created by Lessee under this Lease, if any, also shall terminate and the Leased Premises shall be delivered to Lessor free and clear of all such subleases and subtenancies; provided, however, that Lessor may, at Lessor's option, by mailing written notice to any subtenant, allow the subtenant to attorn to Lessor and continue 7 I 7236.00000\3,144461 8.3
its occupancy on the Leased Premises as a tenant of Lessor. On termination of this Lease pursuant to this Section 3.17(B), both Lessee and Lessor shall be released from all obligations to the other under this Lease excep those specified in Section 3.17(C) below.
(C) Condemnation Award. Any compensation or damages awarded or payable because of the taking of all or any portion of the Leased Premises by eminent domain shall be allocated between Lessor and Lessee as follows:
(1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the Leased Premises or any improvements shall be paid to and be the sole property of Lessor, free and clear of any claim of Lessee or any person claiming rights to the Leased Premises through or under Lessee; provided, however, that in the event and to the extent Lessee is required under Section 3.17(CX3) below to replace any improvements or facilities or do any other acts to make any remaining portion of the Leased Premises fit for the uses specified, such compensation or damages shall be payable to Lessee and not to Lessor.
(2) Any severance damages awarded or payable because only a portion of the Leased Premises is taken by eminent domain shall be the sole and separate property of the Lessor.
(3) If title and possession of only a portion of the Leased Premises is taken under the power of eminent domain by any public or quasipublic agency or entity during the term and Lessee does not under Section 3. I 7(B) terminate this Lease, then this Lease shall terminate as to the portion ofthe Leased Premises taken under eminent domain as of 12:01 A.M. on whichever ofthe following first occurs: the date title is taken, or the date actual physical possession of the portion taken by eminent domain is taken, by the agency or entity exercising the eminent domain power. Furthermore, any Lease Payment payable under this Lease shall, as of that time, be reduced in the same proportion that the value of the portion of the Leased Premises taken by eminent domain bears to the full value of the Leased Premises atthat time; provided, however, that Lessee shall replace any improvements or facilities with equivalent new facilities on the remaining portion of the Leased Premises and do all other acts required by the eminent domain taking to make the remaining | 7 23 6.00000ß 4 444 618.3
8 portion of the Leased Premises fit for the uses specified in this Lease.
(4) A volunt¿ry conveyance by Lessor of title to all or a portion of the Leased Premises to a public or quasi-public agency or entity in lieu of and under threat by that agency or entity to take it by eminent domain proceedings shall be considered a taking of title to all or any portion of the Leased Premises under the power of eminent domain subject to the provisions of this Section 3.17.
3.18 Indemnity.
(A) Duty to Hold Harmless. Lessee shall indemnif,', defend and hold Lessor, its offrcials, officers, employees, agents volunteers, and the property of Lessor, including the Lessor Property and any improvements now or hereafter on the Lessor Property, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Lessee's occupation and use of the Leased Premises, and to the extent applicable, the Lessor Property, including, without limitation, any liability, claim, loss, damage, or expense arising by reason of:
(l) The death or injury ofany person, including Lessee or any person who is an employee, agent, licensee, invitee, or guest of Lessee, or by reason of the damage to or destruction of any properfy, including property owned by Lessee or by any person who is an employee, agent licensee, invitee, or guest of Lessee, from any cause whatever while that person or property is in or on the Leased Premises or in any way connected with the Leased Premises or with any of the improvements or personal property on the Leased Premises; Ø The death or injury ofany person, including Lessee or any person who is an employee, agent, licensee, invitee, or guest of Lessee, or by reason of the damage to or destruction of any property, including property owned by Lessee or any person who is an employee, agent, licensee, invitee, or guest ofLessee, caused or allegedly caused by either (l) the condition of the Leased Premises or some building or improvement on the Leased Premises, or (2) some act or omission on the Leased Premises of Lessee or any person in, on, or about the Leased Premises with the pemlission and consent of Lessee; 9 l 7æ6.00000\34444ó1 8.3
(3) Any work performed on the Leased Premises or materials furnished to the Leased Premises at the instance or request of Lessee or any person or entity acting for or on behalf of Lessee;
(4) Lessee's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on Lessee or the Leased Premises by any duly authorized governmental agency or political subdivision; or
(5) Damage or injury to the Lessor Property, including the Leased Premises, and any improvements on such properly, caused by Lessee or any person who is an employee, agent, licensee, invitee, or guest ofLessee.
(B) Limitation of Liabilíty. The term "Lessor" as used in this Lease so far as covenants or obligations on the part of the Lessor are concemed shall be limited to mean and include only the owner or owners at the time in question ofthe fee ofthe Leased Property and in the event ofany transfer or transfers of the title to such fee Lessor herein named (and in case of any subsequent transfers or conveyances the then grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance from all obligations on the part of Lessor contained in this Lease to be performed thereafter, provided that any prepaid rent or trust funds in the hands of such Lessor or the then grantor at the time of such transfer, shall be transferred to the grantee or transferee, who shall expressly assume, subject to the limitations of this subsection, all of the terms, covenants and conditions in this Lease contained on the part of Lessor thereafter to be performed, it being intended by this Section 3.18.1 that the covenants and obligations contained in this Lease on the part of Lessor shall, subject to the provisions of this subsection, be binding on Lessor, its successors and assigns, only during and in respect to their respective successive periods of ownership.
Lessor shall not be liable to Lessee for the satisfaction of any judgment or other award against Lessor related to this Lease to the extent such judgment or award, together with any such prior judgments or awatds, exceeds the fair market value of Lessor's interest in the Leased Property at the time of the entering of such judgment or award.
(C) Indemnification of Lessee from Acts of Lessor. Lessor shall indemniff, defend, and hold Lessee harmless against, any and all liability, claims, loss, damages, or oxpenses for personal injury, death and property damage caused by the Lessor or its employees, offrcers, officials or agents arising l0
nn6-o0000v4444618.3
from Lessor's failure to perform its obligations under this Lease. Lessor's obligation under this Section 3.18(C) shali be limited to an amount of a judgment or award against Lessor related to this Lease that, taken together with any such prior judgments or awards against Lessor related to this Lease, does not exceed the fai¡ market value of Lessor's interest in the Leased Property at the time of the entering of such judgment or award.
3.19 Claims or Liens. Lessee shall not suffer or permit any liens to be made or filed against the Leased Premises by reason of labor forces, services or materials supplied (or claimed to have been supplied) to Lessee, and Lessee agrees to indemniff and hold harmless the Lessor and the Lessor's property, including the Leased Premises and any improvements now or hereafter on the Lessor Property, against any such liens. If any such lien shall at any time be filed against the Lessor Property, Lessee shall, within 30 days after notice to Lessor of the filing thereof, cause the same to be discharged of record; provided, however, that Lessee shall have the right to contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings. In the event ofsuch protest, Lessee shall first notiff the Lessor and, if requested by the Lessor, Lessee shall promptly bond such lien in the manner authorized by law with a responsible surety company licensed and qualified to do business in the Søte of California. Lessee shall prosecute the contest of such proceedings with due diligence and at no cost or expense to the Lessor.
3.20 Encumbrances. Lessee acknowledges that Lessee shall not have the right and Lessee shall not assign, encumber, hypothecate or otherwise transfer any portion of this Lease or any interest herein, sublet the Leased Premises or any part thereof or permit the use of the Leased Premises by any party other than Lessee without the prior written consent of Lessor, which consent may be withheld at Lessor's sole and absolute discretion. Any ofthe foregoing prohibited acts shall be void and shall, at the option of Lessor, terminate this Lease. This Lease shall not, nor shall any interest of Lessee herein, be assignable by operation of law without the priorwritten consent of the Lessor, in Lessor's sole, absolute and subjective discretion. Nothing, notwithstanding anything to the conÍaly contained in this Lease, shall prevent Lessor from exercising Lessor's right to assign, encumber, hypothecate or otherwise transfer any portion of the Leased Premises, the Lessor Property, this Lease or any interest in the foregoing.
3.21 Default and Remedies.
(A) Continuation of Lease in Effect. Should Lessee breach this Lease and abandon the Leased Premises prior to the natural expiration of the applicable term, Lessor may continue this Lease in effect by not terminating 1l
I 7236.00000\3,M,146 I 8.3
Lessee's right to possession of the Leased Premises, in which event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover any Lease Payment specified in this Lease as it becomes due under this Lease.
(B) Termination ønd Unlø,ttful Detainer. In the event of a default by Lessee under this Lease existing beyond any applicable cure period, Lessor may terminate this Lease by written notice to Lessee and:
(1) Bring an action to recover from Lessee:
(a) The worth atthe time ofaward of the unpaid Lease Payments that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid Lease Payments that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid Lease Payment for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and
(d) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease; and
(2) Bring an action, in addition to or in lieu of the action described in Section 3.21(BX1) above, to reenter and regain possession of the Leased Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect.
(C) Breach and Default by Lessee. All covenants and agreements contained in this Lease are declared to be conditions to this Lease and to the term hereby leased to Lessee. Should Lessee fail to perform any covenant, condition, or agreement contained in this Lease and the default not be cured within 30 days after written notice of the default is served on Lessee by Lessor, then Lessee shall be in default under this Lease. In addition to Lessee's failure to perforrn any covenant, condition, or agreement contained in this Lease I 7236.00000\3444461 8.3
T2
within the cure period permiued by this Section 3.21(C), the following shall constitute a default by Lessee under this Lease:
(1) The appointment of a receiver to take possession of the Leased Premises, or of Lessee's interest in, to, and under this Lease, the leasehold estate or of Lessee's operations on the Leased Premises for any re¿Non, including, without limitation, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, when not released within 60 days;
Ø An assignment by Lessee for the benefit of creditors; or the voluntary filing by Lessee or the involuntary filing against Lessee of a petition, other court action, or suit under any law for the purpose of adjudicating Lessee a bankrupt, extending time for payment, satisfaction of Lessee's liabilities, or reorganization, dissolution, or arrangement on account of, or to prevento bankruptcy or insolvency; provided, however, that in the case of an involuntary proceeding, if all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated, or otherwise permanently stayed or terminated within 90 days afterthe filing or other initial event, then Lessee shall not be in default under this Section.
(3) The subjection of any right or interest of Lessee to or under this Lease to attachment, execution, or other lely, or to seizure under legal process when the claim against Lessee is not released within 90 days.
(D) Early Terminatíon by Lessee; Prior Notice Required. Notwithstanding any provision herein to the contrary, Lessee may terminate this Lease at any time during the Lease Term, or any extension thereof by giving Lessor no less than 30 days' prior written notice of Lessee's intention to terminate. In the event ofthe exercise ofsuch option, Lessee shall surrender the Leased Premises to Lessor and Lessee shall pay Lessor the Rental Payment, prorated on a daily basis, up to and including the termination date set forth in Lessee's written termination notice.
(E) Breach by Lessor. Lossee's sole remedy on Lessor's default, after 30 days written notice to Lessor, and failure of Lessor to cure such default within a reasonable time as provided in Lessee's written notice, is an action for actual damages or injunctive relief.
l 723 6.00000\3,M446 I 8.3
13 3.22 Severability. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in fulI force and shall not be affected, impaired or invalidated thereby.
3.23 Attorneys' Fees. In the event of any action or proceeding (including, without limitation, any bankruptcy proceeding) to enforce or construe any of the provisions of this Lease, the prevailing party in any such action or proceeding shall be entitled to attomeys' fees and costs.
3.24 Waiver. The waiver by either Parfy of the breach of any provision of this Lease shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
3.25 Binding on Successors. This Lease shall apply to and be biding upon the heirs, successors, executors, administrators, and assigns of the Parties hereto.
3.26 Captions. The various headings contained herein and the grouping of the provisions ofthis Lease into separate paragraphs are for the purpose ofconvenience only and shall not be considered in interpreting the provisions of this Lease.
3.27 Notices.
(A) Any and all notices which are required under the terms and conditions of this Lease or which either Lessor or Lessee desire to serve upon the other, shall be in writing and shall be deemed served when (i) deposited in the United Søtes mail, postage prepaid, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such parly as specified below, or to such other address as each party may designate from time to time no less than thiúy (30) days' advance written notice of such change in address.
TO LESSOR:
City of Shafter
336 Pacific Avenue
Shafter, California 93263
ATTN: City Manager
\ilith Copy to:
Best, Best & Krieger, LLP
2855 E. Guasti Road, Suite 400
TO LESSEE:
c/o Amazon.com,Inc.
ATTN: Real Estate Manager (lrIA Ops: PKG BFLI)
ATTN: General Counsel (Real Estate (NA OPS): BFLI)
ATTN: NAOPS Asset Management (PKG BFLI)
Each with an address of:
410 Terry Avenue North
Seattle, WA 98109-5210
t4
I 7236.00000\344,146 I 8.3
Ontario, California 917 6l
ATTN: Marco Martinez With a Copy to:
[email protected];
lesal-us-realestate@,afüazon.com ;
[email protected]; [email protected]
using the subject line-Re: PKG BFLI
(B) Replacement of Statutory Notice Requirements. 'When this Lease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by Code of Civii Procedure section 1161 or any similar or successor statute.
When a statute requires service in a particular manner, service of that notice (or a similar notice required by this Lease) in the manner required by Section 3.27(A) above shall replace and satisfy the statutory service of notice procedures, including those required by Code of Civil Procedure Section 1162 or any similar or successor statute.
3.28 Force Majeure. Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either Lessee or Lessor is prevented or delayed by reason ofany act ofGod, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the Party required to perlorm the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this section shall excuse the prompt payment of Lease Payments by Lessee as required by this Lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the Party required to perform the act.
3.29 Recitals; Exhibits. All Recitals and exhibits att¿ched hereto are hereby incorporated by this reference.
3.30 Entire Agreement. This Lease, along with any exhibits and attachments, including the Parking Addendum (Exhibit B) attached hereto and incorporated herein by reference, constitutes the entire agreement between the Lessor and the Lessee relative to the Leased Premises, and may only be modified by mutual consent of the parties in writing.
( S i gnatur e s on fo llow íng pa ge)
1 7236.00000\34,14461 8.3
15 IN WITNESS TWHEREOF, the parties hereþ execute this Lease effective as of the day and year first above written.
LESSOR:
Cþ of Shafter, a Califomia municipal corporation
and charter city
By:
Gabriel A.
ATTEST:
Pallares, City Clerk
[Signatures continued on following page]
I 7æ6.00000\3,t44461 8.3
t6
ACKNOWLEDGMENT
A notary public or other officer completing this
certifìcate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document
State of Cal ifornia
County of Vonn' )
On \\otl¿ynb¿r lr t1-DL) before me, \l au,*^ \lr'ìb¿ , Noh^* QaVtiu (insert name and title of the officeil
personally appeared år'þriøJ *. hovw-'+løz
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) islare subscribed to the within instrument and acknowledged to me that he/sh€/¡h€tÉexecuted the same in hislherl{heir authorized capacíty{ies), and that by his/he#their signature(e} on the instrument the personþ), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifo under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and conect.
WITNESS my hand and officialseal.
1R¡ì"\ vAt{ESSAURtBt fffi) *n*?i't'.;frj''*'
w",ffi:ä#.|iliïi,,,
Signature (Seal)
LESSEE:
Amazon,com Services LLC, a Delawarc limited
liability
[Name,
State of Washington
County of King
I certifr that I know or have satisfactory eidence thatTraoe Ble then (name of person) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as theÁutho¡'ized signatory(fype of authority, e.g., oflicer, trustee, etc.) of Antazon.conr servicci Ltc (name of pa*y on Uefralf of vv-hom instrument was executed) to be the free and *t*ta.y a"t "f such party forih" ur", and purposes mentioned in the instrument.
Dated: I lllSl2l
(Seal or stamp)
By:
S3mânlhs E.yn Rh.¡ Eonrccl
Not¡ry Publlc
Stale of Waehlngúon
I'ly Agpo¡ñlrnúl ErDk.| t arnoã
Colrmllllor l¡mò.. ¡lEllt
Title
My appointment expi¡ss; March 4, 2025
r ?236.00000\344146 ¡ 8.3
t7
EXHIBIT A
Shafter Container Yard located at 3501 So. Driver Road, Shafter California 93263, in the County of Kern ("Lessor Property"). The Lessor Property is currently improved with an approximately 400 squale foot rnodular office building, paving, and fencing, as shown below, a.-Ftt.
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r 723 6. 000001344446 I 8.3
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EXHIBIT B
Parking Addendum
By signing below, the pafies agree that to the extent any of the terms of this Addendum (this "Addendum") conflict with any terms of fhe agreement between the parties (the "Lease") related to the use of the parking lot located at 3501 So. Driver Road, Shafter Calífornia 93263, in the County of Kem (the "Property"), the terms of this Addendum will control. Additionally, Lessee's acceptance of the terms of such Agreement is subject to Lessor's acceptance of the terms ofthis Addendum.
l. Limitation of Liability. Neither Lessee nor Landlord will be liable under any circumstances for consequential, special, punitive, or indirect damages, such as lost profits or intemrption of either party's business.
2. Environmental Requirements. Landlord represents and wmrants to Lessee that, as ofthe date ofthe Agreement, to Landlord's actual knowledge, there are no substances, materials, wastes, pollutants, or contaminants listed or defined as hazardous or toxic under any applicable law ("Hazardous Materials") on the Lot. Each party will indemnifr, defend, and hold the other party (and their, subsidiaries, affiliates, directors, officers, employees, agents, succ€ssors, and assigns, as applicable) harmless from and against any and all losses, claims, demands, actions, frnes, suits, damages (including, punitíve damages), penalties, liabilities, expenses costs (including, reasonable attorneys' fees, consultant fees, or expert fees) (collectively, "Claims") which are brought or recoverable against, or suffered or incurred by the applicable indemnifìed panies and which arise from Hazardous Materials that are brougbt onto the Lot by the indemni$ing pafty or its agents, employees, contractors, subtenants, assignees, contractors or invitees. Landlord will also indemniff Lessee for any Claims which arise from any Hazardous Materials existing on the Lot prior Ío the commencement of the Agreement. 3, Surrender. Upon expiration or earlier termination of the term of the Agreement, Lessee will sunender the Lot in its then o'as-iso' condition, but in no worse condition than delivered to Lessee, ordinary wear and tear and cæualty excepted. Lessor shall use its reasonablc judgement in determining damage to Leased Premises.
4. Termination by Lessee. If any governmental authority requires Lessee to vacate or abandon the Lot, including due to any applicable zoning laws or regulations, Lessee may terminate the agreement upon 15 days' notice.
Additionally, Lessee will not be obligated to obtain the approval or consent of any govemmental authority in connection witl¡ Lessee's use of the Lot, so long as the Use is in compliance with Zonng ordinances.
ACKNOWLEDGED AND AGREED
Amazon.com Services LLC. a Delaware limited
liability company
ttLesseg"
By:
Name:
Tirle:
Date Signed:
Citv of Shafter. a Califomia municipal corporation
and charter citv
ttLessortt
By:
Name:
Title:
Date Sþed: il- n-wu
I 7236.00000\34.44461 8.3
19 EXHIBIT B
Parking Addendum
By signing below, the parties agree that to the exteût any of th€ terms of this Addendunr (this,,Addendum',) eonflict wíth any ter'ms of the .agreentel!^betwee¡ the parties (túe "Lease") r.elated to the use of thè parkiug lot locatetl at 3501 So. Driver Roacl, Shaftel Califo¡lia 93263, in thi County of Kem (the,,property',), the te"rnrs of this Addendum will control. Additionally, Lessee's acceptance of the tãr.nrs of sucìr Agreement is'subject to Lessor,s acceptancc of the ternrs of this Addendum.
I' Limltation of Liability. Neither Lessee nor Landlord will be liable under any circumstances for.consequential, special, punitive, or indirect damRges, such as lost ptofìts or interrrrption of eiiher party's business. 2' Dn-viro-nmentnl Require ments. Landlord rep¡'esents and wanants to Lessee thât, as ofthe dat€ of the Agreement, to Landlord's actual knowledgc, ther.o are no subslancos, nraterials, wastes, pollutants, ol.contanlinanti listed or defined as ltazardous o1'1o1i9 under any applícable law ("Haznrdous Maióriats"¡ on ttrc Lot, Each party will indemnifr, defend, and hold lhe othel paity (and their, subsidiaries, afïìliates, dir.ectors, offìcers, eÅrplóyees, agents, successors, and assigns, as applicable) harn'¡less fion and against any and all losses, claims, dämánds, actions, fines, suits, danages (including, punitive damages), penalties, liaUilities, "*p.nrm costs iincludíng, reasonable sttorneys' fees, consultant fees, or expert fe€s) (collectively, "Ctaims"j which are brought ðr recoverable against, or suffeled or incurred by the applicable indemnified pàrties and which ar.ise frorn Hazardous Materials that are brought onto the l.ot by the índernnlf ing party or its agents, employees, contr.actorc, subfenanls, assignees, contractot.s or invitees. Landlord will also indenrni$r l,essãe for any il"im which arise from any Hazafdous Materials existing on the Lot prior to lhe comme nce ment of the Agreement.
3. Surl'ender' Upon expiration or earlicr termination of the term of the Agreenrent, Lessec wíll surender the Lot in its then "as'is" sondition, but in no worse condition than delivered to Lessee, ordinary wear and tear and casualty excepted. Lessor shall use its reasonable judgenrent in determiníng damage to Leas;d premíses.
4. TerminatlonbyLessee, IfanygovernnrentalauthorityrequiresLesseetovacateot,abândonthet,ot,inclucling due.to any applicablc zoling laws or regulations, Lessee may terminate the agreement upon l5 days'notice.
Additionally, Lessee will not be obligated to obtain the appnrval or cons€nt oi.ny gou.ntrnental authoilty ín connection with Lessee's use of the Lot, so long as the Use is in conrpliance with Zoníng ordinances.
ACKNOWLEDGED,AND AGREED:
ômazon.com Services LLC, a Delaware lirnited
liabiliw comnanv
"Lessee"
Citv of Shafter. a California munjcipal corporatioq
and charter citv
ttLessort'
By;
Name;
Tirle:
Date Signed:
By:
Name:
Title; Aut ot izeTsisnator
Datesigned: llllU2l
r7236,00000\34444ó¡ 8.3
t9
SI{AFICR # City of Shafter
COUNCIL AGENDA REPORT
MEETING: Iuly 19,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Yazmina Pallares, City Clerk
FROM:
SUBJECT CONSIDERATION OF A RESOLUTION OF THE CITY COLINCIL OF
THE CITY OF SHAFTER AUTHORIZING THE CONTINUED NEED
FOR A TELECONFERENCING OPTION FOR CITY COUNCIL,
COMMISSION AND COMMITTEE MEETING PURSUANT TO
ASSEMBLY BILL 361
RECOMMENDATION
Council adopt Resolution 2879, a Resolution of the City Council of the City of Shafter authorizing the continued need for a teleconferencing option for City Council, Commission and Committee meetings pursuant to Assembly Bill 361.
BACKGROUND
Assembly Bill (AB) 361 was signed by Governor Newsom in September 202l.It amends the Brown Act to allow local legislative bodies to continue having meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency", and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expired September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment; however, the City of Shafter's practices with respect to live public comment viaZoom already satis$ all of the new requirements. Additionally, the City must make findings to adopt a resolution by majority vote that the state of emergency still exist and continued to directly impact the ability of the members to meet safely in person every 30 days.
FISCAL IMPACT
None
ATTACHMENT
1. Resolution 2879
CONSENT CALENDAR I r)
RESOLUTION NO.2879
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
AUTHORIZING THE CONTINUED NEED FOR A
TELECONFERENCING OPTION FOR CITY COUNCIL, COMMISSION
AND COMMITTEE MEETINGS PURSUANT TO ASSEMBLY BILL 361
\ilHEREAS, the City of Shafter is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Shafter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and WHEREAS, on September 16, 202l,the Govemor of Califomia signed into law Assembly Bill 361 amending Government Code $ 54953 and providing altemative teleconferencing requirements to conduct public meetings as a result of a proclaimed state of emergency; and \ryHEREAS, on March 4,2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and \ilHEREAS, on March 16,2020, the City of Shafter declared a local State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and WHEREAS, COVID-l9 continues to threaten the health and lives of Shafter residents and state and local health officials continue to recommend or require precautions be taken including, but not limited to, masking, limiting prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for those with compromised health conditions or those without vaccines, limiting attendance at functions indoors; and \ilHEREAS, state and local officials continue to recommend social distancing to protect the community's health against the spread of COVID-l9; and WHEREAS, the Omicron variant and other variants continue to emerge and are highly transmissible in indoor settings and COVID-I9 cases in Kem County are still high; \ilHEREAS, hospitalizations continue to be high throughout Kern County;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.
SECTION 2.The City continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention, California Department of Public Health, and/or County of Kern, as applicable. Based upon that guidance, in person attendance indoors at public meetings continues to present an imminent health risk for certain segments of the City's population, necessitating teleconferencing when needed to allow for meaningful participation options for all City constituents and its elected and appointed officials.
Shafter City Council Resolution No. 2879
July 19,2022
Page2
SECTION 3. State and local officials continue to recommend social distancing to protect the community's health against the spread of COVID-I9.
SECTION 4. Pursuant to the findings listed in this Resolution, the City Council and the City's Legislative Bodies are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 5. The City's Legislative Bodies are hereby authorized to conduct meetings in a format whereby members of the Legislative Body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology.
Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. The City's Legislative Bodies have safety measures and technology in place to allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety because the number of attendees is reduced.
SECTION 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Shafter may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953 for another 30 day period.
PASSED, APPROVED AND ADOPTED 19th day of July, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez,City Attorney
.#,T City of Shafter
SHAFTER COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public'Works Director
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCET3T TO AMEND
EXISTING FRANCHISE SOLID V/ASTE HAULING AGREEMENTS TO
COMPLY WITH MANDATES ESTABLISHED BY SENATE BILL 1383
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; and introduce for second reading by title only, waive reading, and adopt Ordinance 737, an Ordinance of the City Council of the City of Shafter, California, approving Amendments to City's Exclusive Solid Waste Franchise Agreements with American Refuse, Inc. and Varner Bros., Inc.
BACKGROUND
New organic waste diversion mandates established by State Senate Bill (SB) 1383 require local jurisdictions to develop and implement new collection services to meet diversion targets, plus develop educational, outreach, and enforcement programs to ensure compliance. At its June 21, 2022 meeting, the Council authorized introducing and conducting the first reading of Ordinance 737,which approves amendments to exclusive Solid Waste Franchise Agreements with American Refuse, Inc. and Varner Bros., Inc.
After researching and assessing options available to the City, staff developed a compliance plan that includes amending existing franchise agreements with private waste haulers. Also included is creating a new franchise agreement for the remaining service area yet to be franchised, covering Core City residents. The new franchise and updates to the existing franchises can take effect as early as July 1, 2022, which State representatives have endorsed.
The Council previously authorized an award of a franchise agreement covering Core City residents via Ordinance 731. Authorization to approve the final agreement and proceed with the new services is on this meeting agenda.
The previously awarded waste hauling franchises are listed and described as follows a Core City Commercial
o Hauler: American Refuse
o Customers: Core City Businesses and Multi-Family Units o Originally Awarded: 2018
o Previous Amendments
. Amendment #l - Add New Multi-Family Unit Collection Rates East Shafter - American Refuse
o Hauler: American Refuse
[1
a
CONSENT CALENDAR
Second Reading of OrdinanceT3T to Amend Existing Franchise Solid Waste Hauling Agreements to Comply with Mandates Established by Senate Bill 1383
o Customers: Commercial Accounts
o Originally Awarded: 2016
o No Previous Amendments
East Shafter - Vamer Bros.
o Hauler: Varner Bros
o Customers: Commercial Accounts and Gossamer Grove Residents o Originally Awarded: 2016
o Previous Amendments:
. Amendment #1 - Transfer of Franchisee's stock by Burrtec V/aste The primary justifìcation for awarding the franchises was to meet waste diversion mandates focused on commercial customers. Still, the timing also allowed the City to address a three-cart service for new residents moving into homes within Gossamer Grove. For SB 1383 compliance, staff and the City Attomey prepared agreement amendments for all three franchises. Additional updates deemed necessary and included with the updates include the following:
Add a recycling surcharge to the service rates so the haulers can withstand the financial challenges of finding markets for mixed recyclables (plastics, paper, etc.).
Apply a universal rate adjustment plan based on a formula tied to consumer price indexing for all three franchises. A variable rate plan ensures that haulers can stay current with market conditions for the industry, which have proven to fluctuate significantly.
Add new service and rate plan options not included in the current franchises.
In addition to new agreement amendments, an ordinance formally authorizing these updates has been prepared for Council adoption. If adopted, second amendments to the agreements for the Core City Commercial franchise operated by American Refuse and East Shafter franchise operated by Varner Bros. and the first amendment for the East Shafter franchise operated by American Refuse would be approved.
FISCAL IMPACT
Fiscal impacts of the franchise implementation are due to take effect during the Fiscal Year 2022- 2023. City staff has prepared the draft budget for Refuse Enterprise for this cycle to implement the franchise and enforce the SB 1383 mandates. Therefore, no budget action is required with this item.
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.
ALTERNATIVES
Provided the Council conducts the aforementioned public protest hearing and adopts the proposed service rates via a resolution, the franchise agreement amendments can and should be approved to be in effect by the next fiscal year, specif,rcally July 1, 2022. The State has already approved this effective date. The amendments can be deferred for further discussion and consideration, but such action also delays SB 1383 compliance.
a
a
a
-2-
Second Reading of Ordinance 737 to Amend Existing Franchise Solid Waste Hauling Agreements to Comply with Mandates Established by Senate Bill 1383
ATTACHMENT
1. Ordinance No. 737
-3-
ORDINANCE NO. 737
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA APPROVING AMENDMENTS TO CITY'S EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENTS WITH AMERICAN REFUSE,INC. AND VARNER BROS.,INC.
WHEREAS, Section 9.02 of the Charter of the City of Shafter ("City") authorizes the City Council to grant a franchise to any legal entity capable of exercising the privilege conferred; and
WHEREAS, the City Council may prescribe the terms (including compensation), conditions, and limitations of such grant; and
WHEREAS, pursuant to the City Charter and applicable law, the City granted three exclusive franchises to provide solid waste and similar services within portions of the City identified in each franchise; and
WHEREAS, the City Council wishes to approve amendments to each franchise as set forth in this Ordinance to ensure compliance with applicable law, including regulations adopted to implement SB 1383.
THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
reference.
The Recitals set forth above are true and correct and incorporated herein by Section 2. The Second Amendment to Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Organic Waste Between the City of Shafter and American Refuse, Inc. (Core City) is hereby approved. The terms and conditions of the amendment are as set forth in the draft franchise agreement amendment, attached hereto as Exhibit A and incorporated by this reference. The City Manager is authorized to execute the agreement subject to the approval of the City Attomey as to form.
Section 3. The First Amendment to Exclusive Franchise Agreement for Collection and Handling of Solid W'aste, Recycling and Green 'Waste in East Shafter between the City of Shafter and American Refuse, Inc. is hereby approved. The terms and conditions of the amendment are as set forth in the draft franchise agreement amendment, attached hereto as Exhibit B and incorporated by this reference. The City Manager is authorized to execute the agreement subject to the approval of the City Attorney as to form.
Section 4. The Second Amendment to Exclusive Franchise Agreement for Collection and Handling of Solid W'aste, Recycling and Green Waste in East Shafter between the City of Shafter and Varner Bros., Inc. is hereby approved. The terms and conditions of the amendment are as set forth in the draft franchise agreement amendment, attached hereto as Exhibit C and incorporated by this reference. The City Manager is authorized to execute the agreement subject to the approval of the City Attorney as to form.
Shafter City Council Ordinance 737
July 19,2022
Section 5. The City Clerk shall publish and certifr as to the adoption of this Ordinance as required by law.
Section 6. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance that can be given effect without the invalid provision and, to this end, the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
Section 7. This Ordinance shall take effect and be enforced commencing thirty (30) days following its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of July,2022:
Cathy L Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
Shafter City Council Ordinance 737
Iuly 19,2022
EXHIBIT A
SBCOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT
FOR COLLECTTON AND HANDLING OF COMMERCTAL SOLD WASTE, RECYCLING,
AND ORGANIC WASTE BETWEEN THE CITY OF SHAFTER AND AMERICAN REFUSB, rNc. (coRE crTÐ
This Second Amendment to Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Organic Waste Between the City of Shafter and American Refuse, Inc. (Core City) ("Amendment"), effective as of _,
2022 is made by and
between the City of Shafter, a California charter city ("CITY"), and American Refuse, Inc., a California corporation ("CONTRACTOR"). CITY and CONTRACTOR are individually referred to as "Parb/" and collectively referred to as the "Parties".
RECITALS
A. The Parties entered into an Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Green Waste Between the City of Shafter and American Refuse, Inc. (Core City) dated February 1,2018 ("Agreement") with City granting Contractor an exclusive right to collect and dispose of commercial solid waste, recyclables and green waste within the portion of the City known as the Core City and more particularly described in the Agreement; and
B. The Parties entered into the First Amendment to Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Green Waste Between the City of Shafter and American Refuse, Inc. (Core City) dated January 24,2019 ("First Amendment").
The "Agreement" shall mean the Agreement, as amended by the First Agreement; and C. SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and D. The Parties desire to amend the Agreement to reflect the additional obligations required by the SB 1383 Regulations.
NOW THEREFORE, the Parties agree to the following modifications to the Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Green Vy'aste Between the City of Shafter and American Refuse, Inc. (Core City). l. Section I is hereby amended to add the following definitions:
CalRecycle means the California Department of Resources Recycling and Recovery.
Compost means the product resulting from the controlled decomposition of Organic wastes, including Green Waste, wood waste and Food Waste which are not Hazardous Wastes.
Food Waste means food scraps separated from Solid Waste and offered for Collection by the Contractor, that will decompose and/or putrefli including (i) all kitchen and table food waste, and animal Shafter City Council Ordinance 737
July 19,2022
or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food waste.
Landfill means a permitted disposal site which accepts Solid Waste.
2. Section I is hereby amended to amend the following definitions in their entirety Disposal Facilitv means the ultimate disposition of Solid Waste Collected by CONTRACTOR at a landfill in full regulatory compliance or other fully permitted disposal site. \ Organic Waste means Food Waste, Green Waste and food-soiled paper waste that is mixed in with Food Waste.
3. Section 3.1 is hereby amended to add the following to the end of the section.
CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount that is reasonably related to the value of the rights granted to CONTRACTOR under this Agreement. CITY may use the Franchise Fee for any lawful purpose.
4. Section 6.2.4 is hereby amended in its entirety to read as follows:
6.2.4 Organic Waste Service. For Customers receiving Organic Waste service, CONTRACTOR shall, as frequently as negotiated with Customer but in no event less than once per week, collect the Organic Waste which has been placed, kept or accumulated in Organic TVaste Bins or Containers at Commercial Premises. Following collection of Organic Waste from a Bin, CONTRACTOR shall return the Bin to its enclosure or customary location with the lid closed.
CONTRACTOR shall provide and implement a program necessary to meet all applicable law regarding Organic Waste collection and disposal subject to CITY's review and approval.
5. Section 6.2.6 is hereby amended in its entirety to read as follows:
6.2.6 Commingling Solid Waste. In the event a Customer commingles Refuse, Organic Waste, or Green Waste with Recyclables for Recyclable collection or commingles Refuse or Recyclables with Green Waste or Organic Waste for Green Waste or Organic Waste collection, CONTRACTOR may treat such collection as a Refuse collection subject to the applicable Refuse Collection Rates.
6. Section 6.4.I is hereby amended in its entirety to read as follows
6.4.1 No Commingling. CONTRACTOR shall not commingle, in the vehicles or otherwise, any Refuse with any Recyclable Materials, Organic Waste or Green Waste, or any Refuse, Recyclable Materials, Organic Waste or Green Waste with each other when collected by CONTRACTOR, unless otherwise specifically authorized in writing by CITY. CONTRACTOR shall not be deemed to have violated this Section where such materials were commingled prior to collection by CONTRACTOR.
7. Section 6.4.3 is hereby amended in its entirety to read as follows:
6.4.3 Compliance with C&D Diversion Requirements. CONTRACTOR shall comply with the requirements of the City's Construction and Demolition Waste diversion ordinance, and Applicable Law, as may be adopted or amended. CONTRACTOR and shall assist customers with compliance by diverting Construction and Demolition Waste to the maximum extent feasible and by providing receipts for all materials collected.
Shafter City Council Ordinance 737
July 19,2022
8. Section 6.4.4. is hereby amended to change the last sentence to read: "Green Waste and Organic Waste shall be processed to ensure diversion credit to the maximum extent feasible."
9. Section 6.4.5 is hereby amended in its entirety to read as follows
6.4.5 AB 341. & AB 1826. & SB 1383 Compliance. CONTRACTOR shall cooperate with CITY in enforcing mandatory Commercial Recycling and Organic Waste efforts as adopted by AB 341 (Chapter 476,Statutes of 2012), AB 1826 (Chapter 727,Stattúes of 2014), and SB 1383 (Chapter395, Statutes of 2021), any Applicable Law, and their implementing regulations, as they may be amended.
CONTRACTOR shall provide any notices or information reasonably requested by CITY in enforcement of such requirements.
i0. Section 6.8 is hereby added to read as follows:
6.8 Procurement of Recovered Organic Waste. CONTRACTOR shall serve as one direct service provider for the City to achieve its annual recovered organic waste procurement target. As a service provider, CONTRACTOR shall specifically facilitate and commit markets for applying procured compost and mulch to meet the recovered organic waste procurement target under 14 CCR sections 18993.1-18993.2 at no cost to the City. The targeted share of the procurement requirement CONTRACTOR assumes shall be 30%o of organics tonnage collected. Procurement shares shall be reviewed by the City and CONTRACTOR at the end of every calendar year. CONTRACTOR does not assume procurement requirements for any material beyond compost and mulch. CONTRACTOR understands that its ability to act as a direct service provider impacts the City's procurement compliance and sustainability of this franchise agreement.
I l. Section 7.2 is hereby amended in its entirety to read as follows:
7.2 Route Review. Waste Evaluations and Contamination Minimization. CONTRACTOR shall, at its sole expense, conduct annual route reviews each calendar year for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the CONTRACTOR, is approved by CITY, and is conducted in a manner that results in all routes being reviewed annually pursuant to 14 CCR Section 18984.5. CONTRACTOR shall visually inspect the contents of a reasonably representative number of Containers, as directed and approved by CITY.
CONTRACTOR shall develop a route review methodology that complies with the requirements of l4 CCR Section 18984.5(b). CONTRACTOR shall submit its proposed route review methodology for the coming year to the City no later than April 1 of each year describing its proposed methodology for the calendar year and schedule for performance of each route's annual review. CONTRACTOR's proposed route review methodology shall include its plan for Container inspections and shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. CITY shall review, comment on, and approve the proposed methodology. CONTRACTOR may commence with the proposed methodology upon approval. If CITY notifies CONTRACTOR that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining CITY approval, conduct additional route reviews, increased Container inspections, or implement other changes using the revised procedure.
CONTRACTOR shall document Contamination with still pictures or video and will notifu the Customer of the Contamination by following the applicable procedures specified in 14 CCR Section 18984.5. CONTRACTOR shall perform the recordkeeping requirements for Container minimization in 14 CCR Section 18984.6. CONTRACTOR may, at its discretion Collect the Container as Recyclable Materials, Organic Materials, or as Solid Waste.
Shafter City Council OrdinanceT3T
July 19,2022
CONTRACTOR shall conduct waste stream audits in accordance with 14 CCR Section 18984.5 and shall analyze the quantity and composition of the waste stream for each Customer and shall recommend practices and techniques for improving the diversion rate of each Customer's waste stream.
12. Section 7.6 is hereby amended in its entirety to read as follows:
7.6 Education and Outreach. CONTRACTOR shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating Solid Waste in order to achieve maximum waste diversion in accordance with 14 CCR Sections 18985.1-18985.2.
CONTRACTOR shall develop and implement a program of educational presentations and materials concerning the importance of recycling and diversion, proper techniques for Solid Waste disposal and recycling, and options for the disposal of Hazardous Waste. The educational program shall include a well-defined component aimed at capturing Organic Waste, and Green Waste generated by landscaping services and contractors, including information for Customers on how and why Organic Waste and Green Waste should be collected and diverted. All community relations and promotional materials and related news releases shall be developed at CONTRACTOR's sole cost and expense. An educational program shall be prepared for each fiscal year, and submitted to CITY's City Manager, for approval by CITY's City Council, no later than April lst. CONTRACTOR shall perform the recordkeeping requirements related to compliance with education and outreach requirements under 14 CCR Section 18985.3.
13. Section 7.7 is hereby added to read as follows
7.7 Waivers. CONTRACTOR shall assist the CITY in the initial review of waiver applications under 14 CCR Section 18984.I 1 . CONTRACTOR shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City a recommendation to accept or reject waiver requests. CONTRACTOR shall provide Collection services for customers not subject to waiver.
14. Section 7.8 is hereby added to read as follows
7.8 SB 1383 Monitoring and Inspections. CONTRACTOR shall perform route reviews, compliance reviews, and inspections and reviews in accordance with l4 CCR Section 1 8995. L When compliance reviews are performed by CONTRACTOR, CONTRACTOR shall provide City-approved educational materials, in response to violations. CONTRACTOR shall provide these educational materials to the non-compliant Customers within two (2) working days of determination of non-compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or route review. CONTRACTOR shall document the non-compliant Customers and the date and type of education materials provided and report such information to the CITY. The CITY shall be responsible for subsequent enforcement action against the Customer.
CONTRACTOR shall maintain a computer database of all oral and written SB 1383-related noncompliance incidents reported to CONTRACTOR from Customers or other persons, and documentation related to route reviews, compliance reviews, inspections, and enforcement.
15. Section 7.9 is hereby added to read as follows:
7.9 Edible Food Recovery. Contractor will provide information or documentation requested by the City in support of Organic Waste or Edible Food Recovery Capacity Planning studies. Contractor shall report to the City Commercial Edible Food Generators that fail to comply with 14 CCR $ l899l.l - 18991.5.
16. Section 8.2.2 is hereby amended to read as follows:
Shafter City Council Ordinance 737
July 19,2022
8.2.2 Annual Adjustment. In addition to other increases as provided herein, the maximum Rates may annually be adjusted, up or down, using the methodology set forth in Exhibit "E." The first consideration for an annual increase will take place for the fiscal year commencing July l, 2023.
CONTRACTOR shall make a rate adjustment request for each fiscal year no later than the March lst prior to that fiscal year. Subject to the limits contained in this paragraph, CITY shall grant the adjustment if CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution or ordinance following a public hearing concerning the proposed increase. No adjustment granted by CITY shall exceed ten percent (10%).
The effective date of each annual adjustment granted by CITY shall be July l, unless the CITY requires more time to evaluate the information provided by CONTRACTOR. However, CONTRACTOR understands and agrees that CITY may be required to comply with Proposition 218 and other applicable law granting rate increases. CONTRACTOR shall, at its own cost, send notices to customers at least thirty (30) days prior to any adjustments.
CITY shall not be in breach of this Agreement if its residents lawfully delay or prevent CITY from raising or imposing the rates. In such event, CITY and CONTRACTOR shall meet in good faith to consider alternatives and options, which may include permitting CONTRACTOR to terminate the Agreement without cause.
17. Section 7.10 is hereby added to read as follows
7.10 Recordkeeping and Reporting. CONTRACTOR shall prepare and maintain the records identified in 14 CCR Section 18995.2(Ð and assist CITY in reporting information about implementation and compliance with SB 1383 Regulations and in accordance with Anicle 13 of Chapter 12 of Title 14 of the CCR.
18. Section 14.2 is hereby amended to change the second category of amounts CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty as follows:
After "Discourteous behavior to a Customer" add "." and delete "The sum of Five Hundred Dollars ($500) if CONTRACTOR fails to remedy the violation within seventy-two hours of notice from CITY for:"
19. Section 15.9 is hereby amended to replace "Stephen P. Deitsch" with "Marco Martinez".
20. Exhibit B is hereby amended to read in full as set forth in Attachment l, incorporated by this reference.
21. Exhibit G is hereby amended to read in full as set forth in Attachment 2, incorporated by this reference.
21. Notwithstanding anything in the Agreement to the contrary, CITY or Contractor shall bill Customers those Rates set forth in Attachment l, incorporated by this reference beginning on July l, 2022. These Rates may be adjusted as set forth in the Agreement beginning July 1,2023.
22. Except as specifically modified by this First Amendment, the Agreement shall remain in full force and effect. All capitalized terms in this Amendment shall have the meaning ascribed them in the Agreement unless otherwise noted in this Amendment.
Shafter City Council Ordinance 737
July 19,2022
IN WITNESS WHEREOF, this Second Amendment to Exclusive Franchise Agreement for Collection and Handling of Commercial Solid Waste, Recycling and Organic Waste Between the City of Shafter and American Refuse, Inc. (Core City) is executed by the City of Shafter and American Refuse, Inc.
AMERICAN REFUSE, INC.,
a California corporation
By
Jeff Martin, President
CITY OF SHAFTER,
a Charter City and Municipal Corporation
of the State of California
By:
Gabriel Gonzalez, City Manager
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM
By
Marco Martinez, City Attorney
Shafter City Council Ordinance 737
July 19,2022
ATTACHMENT 1
EXIIIBIT B
Core Citv Commercial Rates
Service Monthly Rates Per Unit
Multi-Family Weekly Refuse
& Organics Plus Bi-Weekly
Mixed Recvcline
$2s.07
Service Collections Per Week & Monthly Rates
I 2 3 4 5 6
96-Gal Cart Refuse $24.00 $47.98 x x x x
1.5 Cv Refuse s7t.97 $138.00 x x x x
3 Cy Refuse $143.9s $2s6.09 $340.s0 s42s.73 $51 1.21 $s97.68 96-Gal Cart Recycling $10.80 $21.63 x x x x
1.5 Cv Recycling $32.43 s64.87 x X X x
3 Cy Recycling $64.87 st29.74 $194.60 X X x
6 Cy Recycling s129.74 s2s9.47 $389.21 X X x
96-Gal Cart Organics 932.43 $64.87 x x x x
1.5 Cy Organics $97.31 $194.60 s291.9t x x X
Roll-Off & Special Services Rate Per Service
Account Restart Fee $29.72
Bin Delivery Fee (ExceptNew Service) $s9.4s
Cart Replacement $112.9s
Cart Redelivery Fee s29.72
Certification (Customer Required) s47.s6
Gravity Bin Service Fee (Per Month) $8.74
Individually Scheduled Bin Service (Per Visit) $42.80
Extra Cart Service (Per Pickup) $23.78
Individually Dispatched Bin Service (Per Visit) $89.17
Install Gravity Lock $ 178.35
Manually Rolling Bins (Per Month) $8.32
Packer Truck Rental (Per Hour) $r 84.29
Residential Walk-In Service Per Visit $3.87
Bulky Item (Per Pickup) $s.94
Roll-Off Per Dump $271.39
Roll-Off Rental Per Dump $230.10
Roll-Off Delivery 8125.29
Roll-Off Per Hour Charge $1s 1.19
Roll-Off Compactor Dump $331.89
Shafter City Council Ordinance 737
July 19,2022
Core Citv Residential Rates
Single-Family Dwelling Service
Base Services
Monthly Service Rate
Per Dwelling
Weekly Refuse & Organics
Bi-Weekly Mixed Recycling
(All 96-Gallon Containers)
$26.ss
Special Services
Monthly Service Rate
Per Dwelling
Extra 96-Gallon Refuse Cart $8.1 1
Extra 96-Gallon Recycling Cart 56.44
Extra 96-Gallon Organics Cart $8.11
Additional Charges X'ee Per Occurrence
Return for Missed Collection $r7.2s
Cart Replacement $86.2s
Shafter City Council OrdinanceT3T
July 19,2022
Page ll
ATTACHMENT 2
EXHIBIT G
RATE ADJUSTMENT METHODOLOGY
The adjustment to the Rates will be made using the following methodology Step 1: Determine the "Rate Adjustment Factor" or "RAF". The RAF shall be the annual percentage change of the CPI for Garbage and Trash Collection, rounded to the nearest tenth percent on a calendar year basis. The Rate Period will be a l2-month period based on fiscal years, commencing July 1 and concluding June 30.
Reference: Bureau of Labor Statistics, CPI for All Urban Consumers, Garbage and Trash Collection Series ID: CUUR0000SEHGO2 (https://data.bls.gov/timeseries/CUUROO00SEHGO2) Step 2: Calculate the adjusted Rate, rounded to the nearest cent, for each Rate as follows:
Adjusted Rate: Then-current Rate x (l + RAF)
Shafter City Council Ordinance 737
July 19,2022
EXHIBIT B
FIRST AMENDMENT TO EXCLUSIVE F'RANCHISE AGREBMENT FOR THE COLLECTION AND HANDLING OF SOLID \ryASTE, RECYCLING, AND ORGANIC WASTE IN EAST
SHAFTER
BETWEEN THE CITY OF'SHAFTER
AND
AMERICAN REFUSE,INC.
THIS FIRST AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE COLLECTION
AND HANDLING OF SOLID WASTE, RECYCLING, AND ORGANIC WASTE IN EAST SHAFTER ("First Amendment") is made and entered into this _ day of 2022,by and between the CITY OF SHAFTER, a charter city and municipal corporation of the State of California, ("CITY"), and American Refuse, Inc., a California corporation ("CONTRACTOR"). CITY and CONTRACTOR are individually referred to as "Party" and collectively referred to as the "Parties".
WHEREAS, CITY and CONTRACTOR entered into the Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling and Green Waste in East Shafter between the City of Shafter and American Refuse, Inc. dated June 10, 2016 ("Agreement"); WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and
WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to reflect the additional obligations required by the SB 1383 Regulations.
NO\ry' THEREFORE, the Parties agree to the following modifications to the Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling and Green Waste in East Shafter between the City of Shafter and American Refuse, Inc.
1. Section I is hereby amended to add the following definitions CalRecycle means the California Department of Resources Recycling and Recovery.
Compost means the product resulting from the controlled decomposition of Organic wastes, including Green Waste, wood waste and Food Waste which are not Hazardous Wastes.
Food Waste means food scraps separated from Solid Waste and offered for Collection by the Contractor, that will decompose and/or putrefu including (i) all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food waste.
Landfill means a permitted disposal site which accepts Solid Waste.
2. Section I is hereby amended to amend the following definitions in their entirety:
Disposal Facility means the ultimate disposition of Solid Waste Collected by CONTRACTOR at a landfill in full regulatory compliance or other fully permitted disposal site.
Shafter City Council Ordinance 737
Iuly 19,2022
Household Hazardous Waste means household chemicals, pesticides, batteries, motor oil and other petroleum-based products, paint, products containing mercury, E-Waste categorized as Universal Waste (such as television tubes or monitors) and antifreeze.
Organic Waste means Food Waste, Green Waste and food-soiled paper waste that is mixed in with Food Waste.
J. Section 3.1 is hereby amended to add the following to the end of the section.
CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount that is reasonably related to the value of the rights granted to CONTRACTOR under this Agreement. CITY may use the Franchise Fee for any lawful purpose.
4. Section 6.2.3 is hereby amended in its entirety to read as follows:
6.2.3 Organic Waste Service. CONTRACTOR shall, once per week, collect the Organic Waste which has been placed at curbside by SFR Customers prior to the CONTRACTOR's normal weekly collection time. CONTRACTOR shall not be required to collect Organic Waste from a Container if the Organic Waste is commingled with Refuse or Recyclables. In the event the Organic Waste and Refuse or Recyclables are commingled to the extent that they cannot easily be separated by the CONTRACTOR or the nature of the material renders the Organic Waste contaminated, the CONTRACTOR will leave the material in the Container and will leave a non-collection notice explaining the reason for non-collection of the Organic Waste. Upon request, the CONTRACTOR, without expense to the CITY or Customer, shall provide a Container to a new SFR Customer that has no such Container within five (5) working days after notice, of, or request for, service, or in the case of annexations, within fourteen (14) days ofthe annexation effective date.
5. Section 6.2.4 is hereby amended in its entirety to read as follows:
6.2.4 SFR Containers. CONTRACTOR shall provide all customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in the SB 1383 Regulations,l4 CCR Section 18982, or other Applicable Law. Without limiting CONTRACTOR's other obligations under this Agreement, Containers shall be 96-gallon carts to 6-yard bins.
All Containers shall be labeled in accordance with the requirements of SB 1383 Regulations.
CONTRACTOR shall obtain the CITY's written approval of Container specifications, colors, and labeling before acquisition and labeling occurs.
All Containers shall be labeled in accordance with the requirements of SB 1383 Regulations.
CONTRACTOR shall obtain the CITY's written approval of Container specifications, colors, and labeling before acquisition and labeling occurs.
6. Sections 6.2.5 and 6.6.4 are hereby amended to replace "Green Waste" with "Organic Waste".
7. Section 6.3.4 is hereby amended in its entirety to read as follows:
6.3.4 Organic Waste. CONTRACTOR shall provide and implement a program necessary to meet all Applicable Law regarding Organic Waste collection and disposal subject to City's review and approval. For customers receiving Organic Waste service, CONTRACTOR shall, as frequently as negotiated with customer but in no event less than once per week, collect the Organic Waste which have been placed, kept or accumulated in Organic Waste Bins or Containers at Commercial Premises.
Shafter City Council Ordinance 737
July 19,2022
Following collection of Organic Waste from a Bin, CONTRACTOR shall return the Bin to its enclosure or customary location with the lid closed.
8. Section 6.3.6 is hereby amended in its entirety to read as follows
6.3.6 Commingling Solid Waste. In the event a Customer commingles Refuse, Organic Waste, or Green Waste with Recyclables for Recyclable collection or commingles Refuse or Recyclables with Green Waste or Organic Waste for Green Waste or Organic Waste collection, CONTRACTOR may treat such collection as a Refuse collection subject to the applicable Refuse Collection Rates.
9. Section 6.6.I is hereby amended in its entirety to read as follows:
6.6.1 No Commingling. CONTRACTOR shall not commingle, in the vehicles or otherwise, any Refuse with any Recyclable Materials, Organic Waste or Green Waste, or any Refuse, Recyclable Materials, Organic Waste or Green Waste with each other when collected by CONTRACTOR, unless otherwise specifically authorized in writing by CITY. CONTRACTOR shall not be deemed to have violated this Section where such materials were commingled prior to collection by CONTRACTOR.
10. Section 6.6.3 is hereby amended in its entirety to read as follows
6.6.3 Compliance with C&D Diversion Requirements. CONTRACTOR shall comply with the requirements of the City's Construction and Demolition Waste diversion ordinance, and Applicable Law, as may be adopted or amended. CONTRACTOR and shall assist customers with compliance by diverting Construction and Demolition Waste to the maximum extent feasible and by providing receipts for all materials collected.
1 l. Section 6.6.5 is hereby amended in its entirety to read as follows:
6.6.5 AB 341. & AB 1826" & SB 1383 Compliance. CONTRACTOR shall cooperate with CITY in enforcing mandatory Commercial Recycling and Organic Waste efforts as adopted by AB 341 (Chapter 476,Statutes of 2012), AB 1826 (Chapter 727,Statutes of 2014), and SB 1383 (Chapter 395, Statutes of 2021), any Applicable Law, and their implementing regulations, as they may be amended.
CONTRACTOR shall provide any notices or information reasonably requested by CITY in enforcement of such requirements.
12. Section 6.10 is hereby added to read as follows
6.10 Procurement of Organic Waste. CONTRACTOR shall serve as one direct service provider for the City to achieve its annual recovered organic waste procurement target. As a service provider, CONTRACTOR shall specifically facilitate and commit markets for applying procured compost and mulch to meet the recovered organic waste procurement target under 14 CCR sections 18993.1-18993.2 at no cost to the City. The targeted share of the procurement requirement CONTRACTOR assumes shall be 30Yo of organics tonnage collected. Procurement shares shall be reviewed by the City and CONTRACTOR at the end of every calendar year. CONTRACTOR does not assume procurement requirements for any material beyond compost and mulch. CONTRACTOR understands that its ability to act as a direct service provider impacts the City's procurement compliance and sustainability of this franchise agreement.
13. Section 7.3 is hereby amended in its entirety to read as follows:
7.3 Route Review. Waste Evaluations and Contamination Minimization. CONTRACTOR shall, at its sole expense, conduct annual route reviews each calendar year for Prohibited Container Shafter City Council Ordinance 737
July 19,2022
Contaminants in Containers in a manner that is deemed safe by the CONTRACTOR, is approved by CITY, and is conducted in a manner that results in all routes being reviewed annually pursuant to 14 CCR Section 18984.5. CONTRACTOR shall visually inspect the contents of a reasonably representative number of Containers, as directed and approved by CITY.
CONTRACTOR shall develop a route review methodology that complies with the requirements of 14 CCR Section 18984.5(b). CONTRACTOR shall submit its proposed route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each route's annual review. CONTRACTOR's proposed route review methodology shall include its plan for Container inspections and shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. CITY shall review, comment on, and approve the proposed methodology. CONTRACTOR may commence with the proposed methodology upon approval. If CITY notifies CONTRACTOR that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining CITY approval, conduct additional route reviews, increased Container inspections, or implement other changes using the revised procedure.
CONTRACTOR shall document Contamination with still pictures or video and will notifli the Customer of the Contamination by following the applicable procedures specified in 14 CCR Section 18984.5. CONTRACTOR shall perform the recordkeeping requirements for Container minimization in 14 CCR Section 18984.6. CONTRACTOR may, at its discretion Collect the Container as Recyclable Materials, Organic Materials, or as Solid Waste.
CONTRACTOR shall conduct waste stream audits in accordance with 14 CCR Section 18984.5
14. Section 7.7 is hereby amended in its entirety to read as follows
7.7 Education and Outreach. CONTRACTOR shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating Solid Waste in order to achieve maximum waste diversion in accordance with 14 CCR Sections 18985.1-18985.2.
CONTRACTOR shall develop and implement a program of educational presentations and materials concerning the importance of recycling and diversion, proper techniques for Solid Waste disposal and recycling, and options for the disposal of Hazardous Waste. The educational program shall include a well-defined component aimed at capturing Organic Waste, and Green Waste generated by landscaping services and contractors, including information for Customers on how and why Organic Waste and Green Waste should be collected and diverted. All community relations and promotional materials and related news releases shall be developed at CONTRACTOR's sole cost and expense. An educational program shall be prepared for each fiscal year, and submitted to CITY's City Manager, for approval by CITY's City Council, no later than April lst. CONTRACTOR shall perform the recordkeeping requirements related to compliance with education and outreach requirements under l4 CCR Section 18985.3.
15. Section 7.8 is hereby added to read as follows:
7.8 Waivers. CONTRACTOR shall assist the CITY in the initial review of waiver applications under 14 CCR Section 18984.1l. CONTRACTOR shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City a recommendation to accept or reject waiver requests. CONTRACTOR shall provide Collection services for customers not subject to waiver.
16. Section 7.9 is hereby added to read as follows
Shafter City Council Ordinance 737
July 19,2022
7.9 SB 1383 Monitoring and Inspections. CONTRACTOR shall perform route reviews, compliance reviews, and inspections and reviews in accordance with l4 CCR Section 18995.1.
When compliance reviews are performed by CONTRACTOR, CONTRACTOR shall provide Cityapproved educational materials, in response to violations. CONTRACTOR shall provide these educational materials to the non-compliant Customers within two (2) working days of determination of non-compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or route review. CONTRACTOR shall document the non-compliant Customers and the date and type of education materials provided and report such information to the CITY. The CITY shall be responsible for subsequent enforcement action against the Customer.
CONTRACTOR shall maintain a computer database of all oral and written SB 1383-related noncompliance incidents reported to CONTRACTOR from Customers or other persons, and documentation related to route reviews, compliance reviews, inspections, and enforcement. l7. Section 7.10 is hereby added to read as follows:
7.10 Edible Food Recovery. CONTRACTOR will provide information or documentation requested by the CITY in support of Organic Waste or Edible Food Recovery Capacity Planning studies.
CONTRACTOR shall report to the City Commercial Edible Food Generators that fail to comply with with 14 CCR $ 18991.1 - 18991.5.
18. Section 7.1 I is hereby added to read as follows:
7.11 Recordkeeping and Reporting. CONTRACTOR shall prepare and maintain the records identified in l4 CCR Section 18995.2(Ð and assist CITY in reporting information about implementation and compliance with SB 1383 Regulations and in accordance with Article 13 of Chapter 12 of Title 14 of the CCR.
19. Section 8.3.2 is hereby amended to read in full as follows:
8.3.2 AnnualAdìustment.
In addition to other increases as provided herein, the maximum Rates may annually be adjusted, up or down, using the methodology set forth in Exhibit "E." The first consideration for an annual increase will take place for the fiscal year commencing July 1,2023. CONTRACTOR shall make a rate adjustment request for each fiscal year no later than the March I st prior to that fiscal year . Subject to the limits contained in this paragraph, CITY shall grant the adjustment if CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution or ordinance following a public hearing concerning the proposed increase. No adjustment granted by CITY shall exceed ten percent (10%).
The effective date of each annual adjustment granted by CITY shall be July lst. However, CONTRACTOR understands and agrees that CITY may be required to comply with Proposition 218 and other applicable law granting rate increases. CONTRACTOR shall, at its own cost, send notices to customers at least thiúy (30) days prior to any adjustments.
CITY shall not be in breach of this Agreement if its residents lawfully delay or prevent CITY from raising or imposing the rates. In such event, CITY and CONTRACTOR shall meet in good faith to consider alternatives and options, which may include permitting CONTRACTOR to terminate the Agreement without cause.
22 Shafter City Council Ordinance 737
Ju,ly 19,2022
20. Section 14.2 is hereby amended to change the second category of amounts CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty as follows:
After "Discourteous behavior to a Customer" add "." and delete "The sum of Five Hundred Dollars ($500) if CONTRACTOR fails to remedy the violation within seventy-two hours of notice from CITY for:"
21 Section 15.9 is hereby amended to replace "Stephen P. Deitsch" with "Marco Martinez" Section l6.l is hereby amended to add ", Organic Waste" after "Green Waste".
23. Exhibit B is hereby amended to read in full as set forth in Attachment 1, incorporated by this reference.
24. Exhibit E is hereby amended to read in full as set forth in Attachment 2, incorporated by this reference.
25. As set forth in the Agreement, CITY or CONTRACTOR, as applicable, shall bill Customers those Rates set forth in Attachment 1, incorporated by this reference beginning on July 1,2022. These Rates may be adjusted as set forth in the Agreement beginning July 1,2023.
26. Except as specifically modified by this First Amendment, the Agreement shall remain in full force and effect. All capitalized terms in this Amendment shall have the meaning ascribed them in the Agreement unless otherwise noted in this Amendment.
Shafter City Council Ordnance 737
July 19,2022
IN \ilITNESS \ilHEREOF, this FIRST AMENDMENT TO EXCLUSIVE FRANCHISE
AGREEMENT FOR THE COLLECTION AND HANDLING OF SOLID WASTE, RECYCLING, AND ORGANIC WASTE IN EAST SHAFTER is executed by the City of Shafter and by American Refuse, Inc.
AMERICAN REFUSE, INC.,
a Califomia corporation
Jeff Martin, President
CITY OF SHAFTER,
a Charter City and Municipal Corporation
of the State of California
By:
Gabriel Gonzalez, City Manager
ATTEST:
By
Yazmina Pallares, City Clerk
APPROVED AS TO FORM
By:
Marco Martinez, City Attorney
Shafter City Council Ordinance 737
Júy 19,2022
ATTACHMBNT 1
EXHIBIT B
East Shafter Commercial Rates
East Shafter Roll-off Rates
*Additional per ton gøtefees apply at County landfills. **Monthly rental may be proratedþr periods less
than one month.
COMMERCIAL REFUSE SERVICE COLLECTION RATES
CONTAINER SCHEDULE AND MONTHLY RATES
1)íWK 2)VWK 3)(/wK 4)VWK 5)VWK 6)VWK
1.5 CY/3OO GAL sr28.62 $200.36 $272.10 $343.84 $41s.59 s48',7.32 3CY $195.69 s291.92 $388.1 s $484.39 s580.62 $676.85
COMMERCIAL DIVERSION SERVICE COLLECTION RATES
MIXED RECYCLING
CONTAINER SCHEDULE MONTHLY RATE
96 GAL BI-WEEKLY $ 17.l0
I.5 YD WEEKLY $65.36
3YD WEEKLY $104.13
ORGANICS
CONTAINER SCHEDULE MONTHLY RATE
I- 96 GAL lX PER WEEK $48.97
1-3YD IX PERWEEK $376.80
I-3YD 2X PER WEEK 8s62.34
ADD-96 GAL lX PER WEEK 943.47
ADD.3YD lX PER WEEK $365.80
ROLLOFF SERVICE MONTHLY RATE
PER DUMP* $30s.35
RENTAL PER MONTH** $258.90
DELIVERY s140.96
PERHOURCHARGE $170.1 I
COMPACTORDUMP* s373.43
Shafter City Council Ordinance 737
July 19,2022
East Shafter
*All residential containers are 96 gallons
Rates
CONTAINER* SCHEDULE
MONTHLY
RATE
THREE-CART SET BASE RATE
$27.79 REFUSE WEEKLY
ORGANICS WEEKLY
MIXED BI-WEEKLY
RECYCLING SURCHARGE $ l.7l
TOTAL 829.s0
ADD REFUSE WEEKLY $14.l3
ADD ORGANICS V/EEKLY $9.90
ADD MIXED BI-WEEKLY $5.43
Shafter City Council Ordinance 737
July 19,2022
ATTACHMENT 2
EXHIBIT E
RATE ADJUSTMENT METHODOLOGY
The adjustment to the Rates will be made using the following methodology:
Step 1: Determine the "Rate Adjustment Factor" or "I{AF". The RAF shall be the annual percentage change of the CPI for Garbage and Trash Collection, rounded to the nearest tenth percent on a calendar year basis. The Rate Period will be a l2-month period based on fiscal years, commencing July I and concluding June 30.
Reference: Bureau of Labor Statistics, CPI for All Urban Consumers, Garbage and Trash Collection Series ID: CUUR0000SEHGO2 (https://data.bls.gov/timeseries/CUUR0000SEHG02) Step 2: Calculate the adjusted Rate, rounded to the nearest cent, for each Rate as follows:
Adjusted Rate: Then-current Rate x (l + RAF)
Shafter City Council Ordinanc,e 737
July 19,2022
EXHIBIT C
SECOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE
COLLECTTON AND HANDLTNG OF SOLII) WASTE, RBCYCLTNG, AND ORGANTC WASTE
IN EAST SHAFTER
BETWEEN THE CITY OF SHAFTER
ANI)
VARNER BROS., rNC.
THIS SECOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT FOR THE
COLLECTION AND HANDLING OF SOLID WASTE, RECYCLING, AND ORGANIC WASTE IN EAST SHAFTER ("First Amendment") is made and entered into this day of 2022, by and between the CITY OF SHAFTER, a charter city and municipal corporation of the State of California, ("CITY"), and VARNER BROS., INC., a California corporation ("CONTRACTOR"). CITY and CONTRACTOR are individually referred to as "Party" and collectively referred to as the "Parties".
WHEREAS, CITY and CONTRACTOR entered into the Exclusive Franchise Agreement for Collection and Handling of Solid Waste, Recycling and Green Waste in East Shafter between the City of Shafter and Varner Bros., Inc. dated June 10, 2016 ("lnitial Franchise"); WIIEREAS, CITY and CONTRACTOR entered into that First Amendment to the Initial Franchise (the Initial Franchise as amended shall be referred to as the "Agreement") to consent to the transfer of the outstanding stock of CONTRACTOR to Burrtec Kern, LLC (the "Transaction").
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and
WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to reflect the additional obligations required by the SB 1383 Regulations.
NOW, THEREFORE, the Parties agree to the following modifications to the Agreement l. Section I is hereby amended to add the following definitions:
CalRecycle means the California Department of Resources Recycling and Recovery Compost means the product resulting from the controlled biological decomposition of Organic wastes, including Green Waste, wood waste and Food Waste which are not Hazardous Wastes .
Food Waste means food scraps that are source-separated from Solid Waste and offered for Collection by the Contractor, that will decompose andlor putrefi including (i) all kitchen and t¿ble food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and (ii) paper waste contaminated with food waste. Food waste excludes fats, oils, liquids, and grease when such materials are source separated and items not accepted by the processing facility.
Landfill means a permitted disposal site which accepts Solid Waste.
Shafter City Council Ordinance'737
July 19,2022
"Prohibited Container Contaminants means Solid Waste placed in a container which has not been identified as acceptable waste for that particular color container.
2. Section I is hereby amended to amend the following defìnitions in their entirety:
Disposal Facility means the ultimate disposition of Solid Waste Collected by CONTRACTOR at a landfill in full regulatory compliance or other fully permitted disposal site.
Household Hazardous Waste means household chemicals, pesticides, batteries, motor oil and other petroleum-based products, paint, products containing mercury, E-Waste categorized as Universal Waste (such as television tubes or monitors) and antifreeze.
Organic Waste means Food Waste, Green Waste and food-soiled paper waste that is mixed in with Food Waste.
3. Section 3.1 is hereby amended to add the following to the end of the section.
CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount that is reasonably related to the value of the rights granted to CONTRACTOR under this Agreement. CITY may use the Franchise Fee for any lawful purpose.
4. Section 6.2.3 is hereby amended in its entirety to read as follows:
6.2.3 Organic Waste Service. CONTRACTOR shall, once per week, collect the Organic Waste which has been placed at curbside by SFR Customers prior to the CONTRACTOR's normal weekly collection time. CONTRACTOR shall not be required to collect Organic Waste from a Container if the Organic Waste is commingled with Refuse or Recyclables. In the event the Organic Waste and Refuse or Recyclables are commingled to the extent that they cannot easily be separated by the CONTRACTOR or the nature of the material renders the Organic Waste contaminated, the CONTRACTOR will leave the material in the Container and will leave a non-collection notice explaining the reason for non-collection of the Organic Waste. Upon request, the CONTRACTOR, without expense to the CITY or Customer, shall provide a Container to a new SFR Customer that has no such Container within five (5) working days after notice, of or request for, service, or in the case of annexations, within fourteen (14) days ofthe annexation effective date.
5. Section 6.2.4 is hereby amended in its entirety to read as follows:
6.2.4 SFR Containers. CONTRACTOR shall provide all customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in the SB 1383 Regulations,l4 CCR Section 18982, or other Applicable Law. Without limiting CONTRACTOR's other obligations under this Agreement, Containers shall be 96-gallon carts to 6-yard bins.
All Containers shall be labeled in accordance with the requirements of SB 1383 Regulations.
CONTRACTOR shall obtain the CITY's written approval of Container specifications, colors, and labeling before acquisition and labeling occurs.
CONTRACTOR shall obtain the CITY's written approval of Container specifications, colors, and labeling before acquisition and labeling occurs.
To the extent permitted by the SB 1383 Regulations, Contractor is not required to replace functional containers, including containers purchased prior to January 1,2022, that do not comply with Shafter City Council OrdinanceT3T
July 19,2022
the requirements of this Agreement prior to the end of the useful life of those containers, or prior to January 1,2036, whichever comes first.
6. Sections 6.2.5 and 6.6.4 are hereby amended to replace "Green'Waste" with "Organic Waste".
7. Section 6.3.4 is hereby amended in its entirety to read as follows:
6.3.4 Organic Waste. CONTRACTOR shall provide and implement a program necessary to meet all Applicable Law regarding Organic Waste collection and disposal subject to City's review and approval. For customers receiving Organic Waste service, CONTRACTOR shall, as frequently as negotiated with customer but in no event less than once per week, collect the Organic Waste which have been placed, kept or accumulated in Organic Waste Bins or Containers at Commercial Premises.
Following collection of Organic Waste from a Bin, CONTRACTOR shall return the Bin to its enclosure or customary location with the lid closed.
8. Section 6.3.6 is hereby amended in its entirety to read as follows
6.3.6 Commingling Solid Waste. In the event a Customer commingles Refuse, Organic Waste, or Green Waste with Recyclables for Recyclable collection or commingles Refuse or Recyclables with Green Waste or Organic Waste for Green Waste or Organic Waste collection, CONTRACTOR may treat such collection as a Refuse collection subject to the applicable Refuse Collection Rates.
9. Section 6.6.1 is hereby amended in its entirety to read as follows:
6.6.1 No Commingling. CONTRACTOR shall not commingle, in the vehicles or otherwise, any Refuse with any Recyclable Materials, Organic Waste or Green Waste, or any Refuse, Recyclable Materials, Organic Waste or Green Waste with each other when collected by CONTRACTOR, unless otherwise specifically authorized in writing by CITY. CONTRACTOR shall not be deemed to have violated this Section where such materials were commingled prior to collection by CONTRACTOR.
10. Section 6.6.3 is hereby amended in its entirety to read as follows:
6.6.3 Compliance with C&D Diversion Requirements. CONTRACTOR shall comply with the requirements of the City's Construction and Demolition Waste diversion ordinance, and Applicable Laws, as may be adopted or amended. CONTRACTOR and shall assist customers with compliance by diverting Construction and Demolition Waste to the maximum extent feasible and by providing receipts for all materials collected.
11. Section 6.6.5 is hereby amended in its entirety to read as follows:
6.6.5 AB 341. & AB 1826" & SB 1383 Compliance. CONTRACTOR shall cooperate with CITY in enforcing mandatory Commercial Recycling and Organic Waste efforts as adopted by AB 341 (Chapter 476, Statutes of 2072), AB 1826 (Chapter 727, Statutes of 2014), and SB 1383 (Chapter 395, Statutes of 2021), any Applicable Law, and their implementing regulations, as they may be amended.
CONTRACTOR shall provide any notices or information reasonably requested by CITY in enforcement of such requirements.
12. Section 6.10 is hereby added to read as follows:
6.10 Procurement of Recovered Organic Waste.
Shafter City Council Ordinance 737
July 19,2022
CONTRACTOR shall serve as one direct service provider for the City to achieve its annual recovered organic waste procurement target. As a service provider, CONTRACTOR shall specifically facilitate and commit markets for applying procured compost and mulch to meet the recovered organic waste procurement target under 14 CCR sections 18993.1-18993.2 at no cost to the City. The targeted share of the procurement requirement CONTRACTOR assumes shall be 30% of organics tonnage collected. Procurement shares shall be reviewed by the City and CONTRACTOR at the end of every calendar year. CONTRACTOR does not assume procurement requirements for any material beyond compost and mulch. CONTRACTOR understands that its ability to act as a direct service provider impacts the City's procurement compliance and sustainability of this franchise agreement.
13. Section 6.11 is hereby added to read as follows:
6.11. Alternative Compliance. Nothing in this Section 6 shall prohibit CONTRACTOR from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time and as approved by the City.
14. Section 7.3 is hereby amended in its entirety to read as follows
7.3 Route Review. Waste Evaluations and Contamination Minimization. CONTRACTOR shall, at its sole expense, conduct container contamination minimization activities each calendar year for Prohibited Container Contaminants in Containers in a manner that is deemed safe by the CONTRACTOR, is approved by CITY, and is conducted in a manner pursuant to 14 CCR Section 18984.5 using either route reviews or waste evaluations as determined by CONTRACTOR and CITY.
Route review methodology shall comply with the requirements of 14 CCR Section 18984.5(b).
CONTRACTOR shall submit its proposed route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each route's annual review. CONTRACTOR's proposed route review methodology shall include its plan for Container inspections and shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. CITY shall review, comment on, and approve the proposed methodology. CONTRACTOR may commence with the proposed methodology upon approval. If CITY notifies CONTRACTOR that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining CITY approval, conduct additional route reviews, increased Container inspections, or implement other changes using the revised procedure.
CONTRACTOR shall document Contamination with still pictures or video and will notiff the Customer of the Contamination by following the applicable procedures specified in 14 CCR Section 18984.5. CONTRACTOR shall perform the recordkeeping requirements for Container minimization in 14 CCR Section 18984.6. CONTRACTOR may, at its discretion Collect the Container as Recyclable Materials, Organic Materials, or as Solid Waste.
Waste evaluations shall be conducted in accordance with 14 CCR Section 18984.5I and shall analyze the quantity and composition of the waste stream for each Customer and shall recommend practices and techniques for improving the diversion rate of each Customer's waste stream.
15. Section 7.7 is hereby amended in its entirety to read as follows
7.7 Education and Outreach. CONTRACTOR shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating Solid Waste in order to achieve maximum waste diversion in accordance with 14 CCR Sections 18985.1-18985.2.
Shafter City Council Ordinance 73'7
July 19,2022
CONTRACTOR shall develop and implement a program of educational presentations and materials concerning the importance of recycling and diversion, proper techniques for Solid Waste disposal and recycling, and options for the disposal of Hazardous Waste. The educational program shall include a well-defined component aimed at capturing Organic Waste, and Green Waste generated by landscaping services and contractors, including information for Customers on how and why Organic Waste and Green Waste should be collected and diverted. All community relations and promotional materials and related news releases shall be developed at CONTRACTOR's sole cost and expense. A new educational program shall be prepared for each fiscal year, and submitted to CITY's City Manager, for approval by CITY's City Council, no later than April lst. CONTRACTOR shall perform the recordkeeping requirements related to compliance with education and outreach requirements under l4 CCR Section 18985.3.
16. Section 7.8 is hereby added to read as follows:
7.8 Waivers. CONTRACTOR shall assist the CITY in the initial review of waiver applications under l4 CCR Section 18984.11. CONTRACTOR shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City a recommendation to accept or reject waiver requests. CONTRACTOR shall provide Collection services for customers not subject to waiver.
17. Section 7.9 is hereby added to read as follows:
7.9 SB 1383 Monitoring and Inspections. CONTRACTOR shall perform route reviews, compliance reviews, and inspections and reviews in accordance with l4 CCR Section I 8995. 1 .
When compliance reviews are performed by CONTRACTOR, CONTRACTOR shall provide City-approved educational materials, in response to violations. CONTRACTOR shall provide these educational materials to the non-compliant Customers within two (2) working days of determination of non-compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or route review. CONTRACTOR shall document the non-compliant Customers and the date and type of education materials provided and report such information to the CITY. The CITY shall be responsible for subsequent enforcement action against the Customer.
CONTRACTOR shall maintain a computer database of all oral and written SB 1383-related noncompliance incidents reported to CONTRACTOR from Customers or other persons, and documentation related to route reviews, compliance reviews, inspections, and enforcement.
18. Section 7.10 is hereby added to read as follows:
7.10 Edible Food Recovery. Contractor will provide information or documentation requested by the City in support of Organic Waste or Edible Food Recovery Capacity Planning studies. Contractor shall report to the City Commercial Edible Food Generators that fail to comply with 14 CCR $ 18991-l - 1 899 1 .s.
19. Section 7.11 is hereby added to read as follows:
7.11 Recordkeeping and Reporting. CONTRACTOR shall prepare and maintain the records identified in 14 CCR Section 18995.2(Ð and assist CITY in reporting information about implementation and compliance with SB 1383 Regulations and in accordance with Ar.ticle 13 of Chapter 12 of Title 14 of the CCR.
20. Section 8.3.2 is hereby amended to read in full as follows:
Shafter City Council Ordinance 737
July 19,2022
8.3.2 Annual Adjustment. In addition to other increases as provided herein, the maximum Rates may annually be adjusted, up or down, using the methodology set forth in Exhibit "E." The first consideration for an annual increase will take place for the fiscal year commencing July 1,2023.
CONTRACTOR shall make a rate adjustment request for each fiscal year no later than the March lst prior to that fiscal year. Subject to the limits contained in this paragraph, CITY shall grant the adjustment if CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution or ordinance following a public hearing concerning the proposed increase. No adjustment granted by CITY shallexceed ten percent (10%).
The effective date of each annual adjustment granted by CITY shall be July lst. However, CONTRACTOR understands and agrees that CITY may be required to comply with Proposition 218 and other applicable law granting rate increases. CONTRACTOR shall, at its own cost, send notices to customers at least thirty (30) days prior to any adjustments.
CITY shall not be in breach of this Agreement if its residents lawfully delay or prevent CITY from raising or imposing the rates. In such event, CITY and CONTRACTOR shall meet in good faith to consider alternatives and options, which may include permitting CONTRACTOR to terminate the Agreement without cause.
21. Section 14.2 is hereby amended to change the second category of amounts CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty as follows:
After "Discourteous behavior to a Customer" add "." and delete "The sum of Five Hundred Dollars ($500) if CONTRACTOR fails to remedy the violation within sevent¡r-two hours of notice from CITY for:"
Section 15.9 is hereby amended to replace "Stephen P. Deitsch" with "Marco Martinez".
Section 16.1 is hereby amended to add oo, Organic 'Waste" after "Green Waste".
24. Exhibit B is hereby amended to read in full as set forth in Attachment l, incorporated by this reference.
25. Exhibit E is hereby amended to read in full as set forth in Attachment 2, incorporated by this reference.
26. As set forth in the Agreement, CITY or CONTRACTOR, as applicable, shall bill Customers those Rates set forth in Attachment l, incorporated by this reference beginning on July 7,2022. These Rates may be adjusted as set forth in the Agreement beginning July 1,2023.
27. Except as specifìcally modified by this First Amendment, the Agreement shall remain in full force and effect. All capitalized terms in this Amendment shall have the meaning ascribed them in the Agreement unless otherwise noted in this Amendment.
22. 23.
Shafter City Council OrdinanceT3T
July 19,2022
Page28
IN WITNESS \ryHEREOF, this FIRST AMENDMENT TO EXCLUSNE FRANCHISE
AGREEMENT FOR TFIE COLLECTION AND HANDLING OF SOLID WASTE, RECYCLING, AND ORGANIC WASTE IN EAST SHAFTER is executed by the City of Shafter and by Vamer Bros., Inc.
VARNER BROS., INC.,
a Califomia corporation
CITY OF SHAFTER,
a Charter City and Municipal Corporation
of the State of California
By:-
Gabri"@
ATTEST:
By:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM
By
Marco Martinez, City Attorney
Jacob Panero, CEO
Shafter City Council Ordinance 737
Iuly 19,2022
ATTACHMENT 1
EXHIBIT B
East Shafter Commercial Rates
East Shafter Roll-off Rates
*Additional per ton gatefees apply øt County landJìlls
**Monthly rental may be proratedfor periods less
than one monthCOMMERCIAL REFUSE SERVICE COLLECTION RATES
CONTAINER SCHEDULE AND MONTHLY RATES
IXAilK 2XlWK 3X/WK 4XlWK 5X/WK 6)VWK
I.5 CY/3OO GAL s128.62 $200.36 s272.10 $343.84 $415.s9 $487.32 3CY $195.69 s29r.92 $388.1 s $484.39 $580.62 $676.8s
COMMERCIAL DIVERSION SERVICE COLLECTION RATES
MIXED RECYCLING
CONTAINER SCHEDULE MONTHLY RATE
96 GAL BI-WEEKLY $17. l0
I.5 YD WEEKLY $65.36
3YD WEEKLY $104.13
ORGANICS
CONTAINER SCHEDULE MONTHLY RATE
1- 96 GAL IX PER WEEK $48.97
1-3YD IX PER WEEK $376.80
1.3 YD 2X PER WEEK 9s62.34
ADD-96 GAL IX PER WEEK s43.47
ADD.3YD lX PER WEEK $365.80
ROLLOFF SERVICE MONTHLY RATE
PER DUMP* $30s.3s
RENTAL PER MONTH** $2s8.90
DELIVERY s140.96
PERHOURCHARGE $l70.r l
COMPACTORDUMP* $373.43
Shafter City Council Ordinance 737
July 19,2022
East Shafter Residential Rates
xAll residential containers are 96 gallons
CONTAINER* SCHEDULE
MONTHLY
RATE
THREE-CART SET BASE RATE
927.79 REFUSE WEEKLY
ORGANICS WEEKLY
MIXED BI-WEEKLY
RECYCLING SURCHARGE $1.71
TOTAL 829.s0
ADD REFUSE WEEKLY s14.13
ADD ORGANICS WEEKLY $9.90
ADD MIXED BI-WEEKLY $s.43
Shafter City Council Ordinance 737
July 19,2022
ATTACHMENT 2
EXHIBIT E
RATE ADJUSTMENT METHODOLOGY
The adjustment to the Rates will be made using the following methodology:
Step 1: Determine the "Rate Adjustment Factor" or "RAF". The RAF shall be the annual percentage change of the CPI for Garbage and Trash Collection, rounded to the nearest tenth percent on a calendar year basis. The Rate Period will be a l2-month period based on fiscal years, commencing July I and concluding June 30.
Reference: Bureau of Labor Statistics, CPI for All Urban Consumers, Garbage and Trash Collection Series ID: CUUROO00SEHGO2 (https://data.bls.gov/timeseries/CUUR0000SEHG02) Step 2: Calculate the adjusted Rate, rounded to the nearest cent, for each Rate as follows:
Adjusted Rate: Then-current Rate x (l + RAF)
.# City of Shafter
SI-IAFÍER, COUNCIL AGENDA REPORT
Meeting Date: Júy 19,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By:Yazmina Pallares, City Clerk
SUBJECT DESTRUCTION OF CITY RECORDS
RECOMMENDATION
Council adopt Resolution 2883, a Resolution of the City Council of the City of Shafter Approving and Directing Destruction of Certain City Records.
BACKGROUND
Records management is the practice of maintaining the records of an organization from the time they are created up to their eventual disposal. This may include classifuing, storing, securing, and destruction (or in some cases, archival preservation) of records throughout the records lifecycle.
Each year, staff generates a list, which consists of records that have reached their maximum retention period pursuant to State guidelines. The List is provided to each Department Head for review and approval, the List is presented to the Council for final approval.
Attached for Council consideration is a Resolution approving and directing destruction of certain records, pursuant to Section 34090 of the Government Code.
FISCAL IMPACT
The cost for destruction of these records is not expected to exceed $200. These costs are allocated to the City departments for which records are being destroyed and can be accommodated in the operating budgets for those departments. No budget action is needed with the approval of this item.
ALTERNATIVES
Reject adoption of Resolution 2883. STAFF DOES NoT RECOMMEND THIS OPTION.
ATTACHMENTS
1 1. Resolution 2883
CONSENT CALENDAR IT
RESOLUTION NO.2883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
APPROVING AND DIRECTING DESTRUCTION OF CERTAIN CITY RECORDS Pursuant to Section 34090 of the Government Code of California, the City Council of the City of Shafter does hereby resolve as follows:
SECTION 1: The City Clerk of the City of Shafter having made written request therefore, and the City Attorney of the City of Shafter having given his written consent thereto, approval and direction are hereby given to the City Clerk for destruction of the records, papers, documents instruments and books ofthe City of Shafter, in charge ofthe City Clerk, as set forth and described in the list hereto attached, marked "Exhibit A" and made apart hereof by this reference.
PASSED AND ADOPTED this l9th day of Ju1y,2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
Shafter City Council Resolution 2883
July 19,2022
Page2
Exhibit A
Request for Destruction of Records
Iuly 19,2022
I. Admiuistrative Services Department
1. 2.
I
J.
4. 5.
6. 7.
8. 9.
10. 11.
12. 13.
14. 15.
t6.
17. 18.
19. 20.
2r.
22. 23.
Accounts Payable Invorces Fiscal Year 16117
Accounts Payable Reports Fiscal Year 16117
Bank Reconciliation Statements Fiscal Year 16117
Business License Receipt Books Fiscal Year 16117
Cancelled Accounts Payable Checks Fiscal Year 16117
Cancelled Payroll Checks Fiscal Year 16117
Cash Receipts Fiscal Year 16117
Cash Receipt Reports Fiscal Year 16117
Deposit Slips Fiscal Year 16117
General Ledger Reports Fiscal Year 16117
Investment Report Bank Statements Fiscal Year 16117
LAIF Statements Fiscal Year 16117
Payroll Reports Fiscal Year 16117
Payroll Miscellaneous Files Fiscal Year 16117
Payroll Leave and Overtime Forms Fiscal Year 16117
Recnrring Reports Fiscal Year 16117
Transit Reports Fiscal Year 16117
Utility Billing Reports Fiscal Year 16117
Utility Billing Applications Fiscal Year 16117
Utility Billing Agreements Fiscal Year 16117
Utility Billing Stubs Fiscal Year 16117
Utility Billing Shut off Lists Fiscal Year 16117
Applications, Permit, and Reports dated prior to July 19, 2020 for Business Licenses and Home Occupancy Business Licenses.
il. Risk Manaeement
1 . Risk Management Accident Reports that have been closed prior to July 19, 2020,unless litigated.
2. Risk Management Activity Reports that have been closed prior to July 19, 2020.
3. Risk Management Incident Reports that have been closed prior to July 19, 2020,unless litigated.
4. Claim Files not involving Medicare Set Asides or for which provisions for Future Medical have been agreed upon related to Medicarethafhave been closed prior to July 19,2020.
5. Claims involving Medicare Set Asides 10 years from date of final resolution.
6. Claims for which Provisions for Future Medical Have been Agreed Upon Related to Medicare 6 years from date of final resolution.
7 . Claims involving Minors prior to January I,2020 or 3 years from age of 18, whichever is longer from closure.
8. Liability Claims Against the City that were paid or denied that are not subject to pending litigation prior to July 19, 2020.
9. Litigation Files where litigation concluded prior to January 1,2015.
Shafter City Council Resolution 2883
July 19,2022
10. Loss Runs prior to January 1,2015.
I 1 . Workers' Compensation Claim Logs prior to January 1,2015.
12. Accident Reports that have been closed prior to July 19, 2020, unless litigated.
13. Activity Reports that have been closed prior to July 19,2020
14. Claims Audits prior to January 1,2017.
15. Incident Reports that have been closed prior to July 19, 2019, unless litigated.
16. Background records for non-hired applicants prior to July 2020 (2 year retention).
17. Drug and Alcohol Testing Reports prior to calendar year 2017 (5 year retention),
18. Medical records prior to Júy 1992 (30 year retention).
19. Personnel records priorto July 1992(30 yearretention).
20. Payroll records prior to July 1992 (30 year retention).
21. Recruitment records for non-hired applicants prior to July 2019 (3 year retention).
22. 'Workers' Compensation Reports prior to calendar year 2017 (5 year retention).
III. Cit)¡ Clerks Department
1. Forms that are blank that have been superseded.
2. Insurance Certificates of Liability, performance bonds, employee bonds, property, filed separately from contracts that have been superseded.
3. Forms that are blank that have been superseded.
4. Audio recording more than 30 days old.
5. Agreements/contracts and back-up materials that have been terminated or completed prior to July 19, 2020.
6. Bids that were determined unacceptable bid packages prior to July 19,2020.
7. Bids that were determined acceptable bid packages including plans, specifications, notices, affidavits, prior to July 19, 2017.
8. Grants which were unsuccessful and not awarded prior to July 19, 2020.
9. Maintenance Manuals Equipment service/maintenance that have been Superseded.
10. Maintenance/Repair Records prior to July 19, 2020.
1 1. Marketing, Promotional brochures, announcements, etc., prior to July 19,2020.
12. Municipal Facilities Rentals Use Permits, Contracts, Diagrams, Schedules, Insurance binders prior to July 19, 2020.
13. Registration Forms and Release/W'aiver of Liability Forms for Programs prior to July 19,2020.
14. Press Releases prior to July 19,2020.
15. Proclamations issued prior to July 19, 2020.
16. Public Records Request from the public to inspect or copy public documents prior to July 19,2020.
17 . Purchasing Requests for Qualifications and Requests for Proposals regarding goods and services prior to July 19,2020.
IV. City Services Department
l. Permits issued prior to July 19, 2020 for Park Use, Sidewalk Display, Fireworks Booth, Encroachment, Photography/Film Permits, Public/Private Dance Events, and Special Events.
2. Municipal Facilities Rentals Use Permits, Contracts, Diagrams, Schedules, Insurance binders prior to Calendar Year 2020.
3. Daily Call for Service logs prior to July 19,2020.
Shafter City Council Resolution 2883
Veterans Hall Reservation Forms, logs, calendars prior to July 19,2020 City Services Receipt Books prior to July 19, 2020.
July 19,2022
4. 5.
V. Public Works Department
Public'Works Graffiti Notices prior to July 19, 2020.
Public V/orks USA Notices issued prior to July 19, 2020.
Other Utility Underground Service Alert (USA) Notices prior to July 19,2020 VI. Shafter Learning Center
Learning Center Receipt Books prior to July 19, 2020.
Forms and Release/Waiver of Liability Forms for Learning Center Programs prior to July 19,2020.
VII. All Departments City Wide
Correspondence that is general in nature, including letters, and files, not related to specific cases and not otherwise specifically covered a legal authority governing retention of records prior to July 19, 2020.
1. 2.
J.
I
2 I
"'# City of Shafter
S}IAFTER COUNCIL AGENDA REPORT
Meeting Date: JuIy 19,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Scott Wiggins, Network & Security I.T. Manager SUBJECT: CANCELLATION OF REQUEST FOR PROPOSAL (RFP) FOR USE OF
CITY-OWNED FIBER NETV/ORK ASSETS AND CITYV/IDE
EXPANSION OF BROADBAND SERVICES
RECOMMENDATION
Council accept the cancellation of Request for Proposal for use of City-Owned Fiber Network Assets and Citywide Expansion of Broadband Services.
NOTIFICATION
On June 7,2022, the Council authorized the release of a Request for Proposal (RFP) for the Use of City-owned Fiber Network Assets and Citywide Expansion of Broadband Services. The RFP response window closed on July 1I,2022 and only one (1) respondent submitted a proposal.
City staff have evaluated the respondent's proposal and deemed it unresponsive to the RFP.
Therefore, staff have cancelled the recently-release request for proposal and notified the respondent appropriately. Staffhave evaluated probable reasons for the low responsiveness and will be performing assessments and planning for the re-release of a new RFP and agreement in the next few months.
FISCAL IMPACT
The requested action has no fiscal impact.
CEQA ANALYSIS
The requested action is exempt from the California Environmental Quality Act.
CONSENT CALENDAR l3
,# City of Shafter
S}IAFTER COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: ORDERING ANNUAL LEVY OF ASSESSMENTS WITHIN EXISTING LANDSCAPING AND LIGHTING DISTRICTS FOR FISCAL YEAR 2022- 2023
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; conduct a public hearing on the Proposed Annual Ler,y of Assessments for Existing Landscape and Lighting Districts; and adopt Resolution 2880, a Resolution of the City Council of the City of Shafter Confirming Diagram and Assessment for Existing Landscaping and Lighting Districts and Ordering the Levy and Collection of Assessments for Fiscal Year 2022-2023.
BACKGROUND
On June 2I,2022, the Council adopted Resolution 2876, which declared intention to levy and collect assessments within existing landscaping and lighting districts for the Fiscal Year 2022- 2023 pursuant to the Landscaping and Lighting Act of 1972 for the maintenance and servicing of lighting and landscaping and giving notice of and setting the time and place of the hearing on the annual levy of assessments.
The existing districts subject to the annual levy of assessments ¿re as follows LL001-95 (Tract 5774)
LL001-98 (Tract 5610, APN 026-321-01)
LL00 I -2002 (Tract 5 856)
LL001 -2005 (Tracts 617 9, 6286, 6287)
LL002-2005 (Tract 6301, 7 033)
LL003-2005 (Tract 6222, 6584, 6910, 6936)
LL004-2005 (Tract 6467, Tract 7033)
LL001 -2006 (Tract 6437, Tracf 67 13)
LL001-2007 (Tracts 6738, 6447, 6540)
LL002-2007 (Tract 67 7 7 )
LL001-2009 (Wonderful Logistics Park & City Rail Site)
LL001-201 5 (Gossamer Grove)
LL00I-2021 (Tract 73 1 8)
Resolution 2876 also approved an engineer's report for each district to recommend assessments for the district parcels.
PUBLIC HEARING
Order Annual Levy of Assessment for Existing Landscape and Lighting Districts The City has published a notice of the public hearing on the proposed annual levying of assessments listed on this meeting ageîda. After conducting the hearing, the Council can order the annual lery of assessments for the districts by adopting Resolution 2880.
FISCAL IMPACT
The 2022-2023 Fiscal Year budget reflects the estimated expenditures and assessments outlined in the approved engineer's reports prepared for each of the districts listed above. A mid-year review of actual district expenditures and assessments collected will be conducted by staff, which may result in budget action being requested of the Council to ensure the districts are properly funded.
CEQA ANALYSIS
The subject activity is exempt from the California Environmental Quality Act (" CEQA"), pursuant to Title 14 of the California 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.
ALTERNATIVES
Landscape and lighting districts ensure that the benefitting property owners assume most of the operational and maintenance costs for specific improvements with minimal use of the General Fund. State law requires the Council action to approve levies for these districts on an annual basis formally. Failure to conduct an annual levy process would put the financial burden of operating and maintaining district facilities solely on the General Fund. Therefore, the recommended action is the best and only option for the Council to consider.
ATTACHMENT
1. Resolution 2880
-2-
RESOLUTION NO. 2880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
CONFIRMING DIAGRAM AND ASSESSMENT FOR EXISTING LANDSCAPING AND
LIGHTING DISTRICTS AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022.2023
WHEREAS, on June 2I, 2022, the City Council (the "City Council") of the City of Shafter (the "City") adopted Resolution 2876, a resolution of intention pursuant to Section 22624 of the Streets and Highways Code, which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within existing Landscaping and Lighting Districts within the City of Shafter as listed in Exhibit "4" (the "Assessment Districts") for fiscal year 2022-2023 pursuant to the Landscaping and Lighting Act of 1972,Part2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the "Act") for 6:00 p.m. on July 19, 2022, in the City Council Chambers at the City Hall of the City of Shafter,336 Pacific Avenue, California; and WHEREAS, notice of said hearing was duly published as required by Section 22626(a) of the Act; and
\üHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons;
NOW' THEREFORE' BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Shafter, California, as follows:
Section 1. Findings. The City Council finds that: (i) the preceding recitals are correct; (ii) compliance has been had with all of the applicable requirements of the Act; (iii) the City Council may therefore proceed to confirm the diagram and assessment for the Assessment Districts for fiscal year 2022-2023, and order the levy and collection of the assessment; (iv) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment Districts for the maintenance and servicing of the improvements during fiscal year 2022-2023, as described in a report for each district prepared by the Public W'orks Director, or hislher designee, on file with the City Clerk (the "Report"), are based on the proportionate special benefit derived by such lots and parcels from the availability of such public lighting facilities; (v) the proportionate special benef,rt derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance and servicing of such public lighting facilities; (vi) such assessments do not exceed the reasonable cost of the proportional special benefit conferred on each such lot and parcel; and (vii) such assessments will not exceed the maximum amounts of the assessments authorized by a vote of the property owners in the Assessment Districts.
Section 2. Levy of Assessment: Pursuant to Section 2263I of the Streets and Highways Code, the adoption of this resolution constitutes the levy of the assessment for the maintenance and servicing of the improvements within the Assessment Districts during fiscal year 2022-2023, as described in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the diagram and assessment contained in the Shafter City Council Resolution No. 2880
Ju'ly 19,2022
Page2
Report with the County Auditor of the County of Kern, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. Pursuant to applicable provisions of the Act and Sections 29300 through 29304 of the Government Code, the City Council elects to have such assessment placed on the Tax Roll for Fiscal Year 2022-2023.
Section 3 Compliance with State Law: The City of Shafter certifies that these assessments comply with the requirements of Article XIIID of the State of Califomia Constitution.
PASSED, APPROVED AND ADOPTED this lgth day of July,2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
E\.HIBIT,6A"
LL001-9s January 9,1996
LL00l-98 January 9,1999 Annexation No. I - July 17-2018 LL00r-2002 Julv 15,2003
LL00l-2005 August 16.2005
LL002-2005 Ausust 16.2005 Annexation No. I - January 17, 2017 LL003-200s October 18, 2005 Annexation No. I - August 5, 2008 LL004-2005 December 6.2005
LL00t-2006 September 5,2006 Annexation No. 1- September 1,2020 LL00t-2007 January 16,2007 Annexation No. I - April 3, 2007 LL002-2007 July 17,2007 Annexation No. I - Julv 17.2007 LL001-2009 June 16,2009
LL001-2015 February 16,2016 Annexation No. I - December 19,2017 Annexation No. 2 -December 4,2018
Annexation No. 3 -October 15, 2019
Annexation No. 4 - June 2,2020
Annexation No. 5 - March 2,2021
Annexation No. 6 - May 18, 2021
LL00t-2021 August 17,202I
SFIAFTER # City of Shafter
COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: SEWER AND REFUSE SERVICE CHARGES FOR GOSSAMER
GROVE DEVELOPMENT FISCAL YEAR 2022-2023
RECOMMENDATION
Council find proposed activity is exempt from the Califomia Environment Quality Act; conduct a public hearing on the subject matter; and adopt Resolution 2881,a Resolution of the City Council of the City of Shafter Overruling Protests and adopting Engineer's Report on Sewer and Refuse Service Charges for the Gossamer Grove Development for Fiscal Year 2022-2023, directing the Public Works Director to file a copy of the Engineer's Report with the Kern County TreasurerTax Collector, and authorizing the Kern County Treasurer-Tax Collector to place the charges on the property tax roll.
BACKGROUND
The City has elected to collect sewer and refuse charges for properties in the Gossamer Grove Specific Plan Development through the property tax roll of Kern County. The collection of these charges in this manner is authorized by California Health and Safety Code Secti on 5473 et seq. and Shafter Municipal Code Sections 8.16.051 and 13.08.021. Accordingly, the Public Works Department has prepared a written report ("Report") describing each parcel of real property receiving sewer and refuse services in the Gossamer Grove Specific Plan Development in the City of Shafter. The sewer and refuse service charges for such parcels for the Fiscal Year 2022-2023 conform with rates previously adopted by the Council. The Report was filed with the City Clerk on July 5,2022 and has been available for public review at the City Clerk's office during regular business hours. A copy of the Report is attached.
The City Clerk properly published tonight's Public Hearing in accordance with Government Code Section 6066.
CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a
o'project" per Section 1537S(bX4) of the CEQA Guidelines. The action is government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.
PUBLIC HEARING n
b
Sewer and Refuse Service Charges for Gossamer Grove Development Fiscal Year 2022-2023
FISCAL IMPACT
The costs and revenues referenced in the referenced Report are incorporated into the draft budget for Fiscal Year2022-2023. No budget action is required.
ALTERNATIVES
The Council can direct staff not to proceed with placing the proposed service rates on the tax roll.
However, the City would have to directly bill the rates to all service customers, substantially increasing administrative burdens and costs. Therefore, City staff does not recommend this alternative.
ATTACHMENTS
Engineer's Report
Resolution 2881
1. 2.
CITY OF SHAFTER
GOSSAMER GROVE
ANNUAL ASSESSMENTS FOR CITY SOLID WASTE/RECYCLING
AND WASTEWATER COLLECTION AND TREATMENT
ENGINEER'S REPORT
FISCAL YEAR 2022.2023
BACKGROUNI)
Gossamer Grove is a specific plan development located near the intersection of Seventh Standard Road and Community Drive in the City of Shafter. Staff prepared an annual levy of assessments for lots within the development for two public services which are the following:
1. Collection of residential solid waste, green waste and recyclable materials
2. Wastewater collection, treatment and disposal.
The amounts assessed to each benefitting and serviceable lot will be based on current rate plans and any applicable franchise fees previously approved by the Council.
To date, the Public Works Department has compiled the following tally of lots that have been assigned Assessor Parcel Numbers (APNs) by the County of Kern and received final occupancy clearance from the City of Shafter.
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RESOLUTION NO. 2881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER OVERRULING PROTESTS AND ADOPTING ENGINEER'S REPORT ON SE\ilER
AND REFUSE SERVICE CHARGES FOR THE GOSSAMER GROVE DEVELOPMENT FOR FISCAL YEAR 2022-2023, DTRECTING THE PUBLIC WORKS DIRECTOR TO FILE A COPY OF THE ENGINEER'S REPORT \ilITH THE KERN COUNTY
TREASURER-TAX COLLECTOR, AND AUTHORIZING THE KERN COUNTY TREASURER.TAX COLLECTOR TO PLACE THE CHARGES ON THE PROPERTY
TAX ROLL
WHEREAS, the City Council has provided for the collection of sewer service and refuse service charges for each fiscal year on the tax rolls of Kern County (see Shafter Municipal Code, Sections 8.16.051 and 13.08.02I), and has directed the preparation and filing of a written report for each fiscal year containing descriptions of each parcel of real property located in the Gossamer Grove development in Shafter receiving such sewer and refuse services and facilities, and the amount of the sewer service charge for each parcel for the fiscal year, computed in conformity with the charges prescribed by ordinance; and WHEREAS, pursuant to Section 5473, et seq. of the California Health and Safety Code, the Public Works Director prepared and filed a written report ("Report") with the City Clerk on or about July 1, 2022; and
\ilHEREAS, notice of the filing of the Report and the public hearing thereon was published in the Shafter Press on July 7,2022 and July 14, 2022, in accordance with Health and Safety Code Section 5473.1 and Government Code Section 6066, and posted on the City's two official bulletin boards; and
WHEREAS, at the time and place of said hearing, as set forth in the notices, the City Council held the hearing and afforded all interested persons an opportunity to be heard and considered all oral statements and all written protests or communications made or filed by any interested persons.
NO\il' THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Shafter, California, as follows:
Section 1 Findings. The City Council finds that: (i) the preceding recitals are correct; (ii) at the public hearing on July 19,2022, the City Council heard and considered all objections or protests; and (iii) the owners of a majority of the separate parcels of property described in the Report did not file protests, and therefore the City Council is authorized to adopt the Report and to order that the charges set forth in the Report shall be collected on the tax roll of the County of Kern and shall constitute a lien against any parcel or parcels of land.
Section 2. Adoption of Report: The City Council adopts the Report without any further revision, change, reduction or modification.
Section 3. Collection of Charges: The charges set forth in the Report, as adopted, shall be collected on the tax roll of the County of Kern in the manner provided by law and shall constitute a lien against each parcel or parcels of land as specified therein. The Public Works Shafter City Council Resolution No. 2881
July 19,2022
Page2
Director is directed to file with the Kern County Treasurer-Tax Collector on or before August 10, 2022 a copy of the Report upon which shall be endorsed, over the Clerk's signature, a statement that the Report has been finally adopted by the City Council of the City of Shafter. The Kern County Treasurer-Tax Collector shall, upon receipt of the Report, enter the amounts of the charges set forth in the Report against the respective lots or parcels as they appear on the assessment roll for the fiscal year.
PASSED, APPROVED AND ADOPTED this 1 9th day of July , 2022 Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, Cify Attorney
# City of Shafter
SHAITTER COUNCIL AGENDA REPORT
Meeting Date: July 19,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: COMMI.INITY DEVELOPMENT BLOCK GRANT PROJECT FTINDING
CONSOLIDATION HEARING AND RESOLUTION
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; conduct a public hearing on a proposal to consolidate up to four years of Community Development Block Grant funds to complete one project; and adopt Resolution 2882, a Resolution of the City Council of the City of Shafter authorizing the re-allocation of Community Development Block Grant Fair Share Project Funding for CD Activity 18.18.1 and CDBG allocations for Fiscal Year 2019 -2020, 2020-2021, and 2021 -2022.
BACKGROUNI)
At its August 3, 2021 meeting, the Council authorized consolidating four years of annual Community Development Block Grant (CDBG) fund allocations for improvements at Veterans Park. This consolidation includes a previous allocation for the Shafter Aquatics Center, which the Council later authorized canceling due to the pools being inactive and lacking an operations plan.
The consolidated funds total approximately $400,000.
Following the authorization to use consolidated funds for Veterans Park, the Council authorized the use of Federal American Rescue Plan Act (ARPA) funds to complete one of the prioritized improvements: lighting for the soccer field. The City was also awarded a grant through the State Clean California program to install walking lighting at the park. While these grants allow the City to complete the improvements significantly faster than the CDBG program allows, there is now little to accomplish with the available CDBG funds for Veterans Park.
The County of Kern is responsible for administering the City CDBG funds. Their staff has agreed to consolidate all four allocations to fund one new project. This strategy was used for a football fteld lighting project at Veterans Park several years ago. It may be helpful again by enabling the City to complete a new project more efficiently than carrying out CDBG procedures for separate projects. A larger-scale project should also enhance the economies of scale with bid pricing.
To proceed with this strategy, the County requires the City to conduct a hearing on the matter to allow public input. At the close of the hearing, the Council may direct staff to proceed through the adoption of a resolution. A hearing notice in English and Spanish was published in the Shafter Press for tonight's meeting. For Council consideration and approval, Resolution 2882 has been prepared by City staff. As drafted, it supports consolidating all available CDBG funds for PUBLIC HEARING 3
Communitv Development Block Grant (CDBG) Proi ect Funding Consolidation Hearins and Resolution improvements at Rodriguez Park. Such a project could address unfunded needs at this park site, including lighting for a multi-purpose field and an expansion of the storm drain system around the park to reduce the risk of flooding. These improvements would significantly enhance the park but have timelines that can work with the CDBG process.
CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a "project" per Section 15378(bX4) of the CEQA Guidelines. The action is government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.
FISCAL IMPACT
Staff plans to request Council approval of an agreement and budget action at a future meeting.
Therefore, no budget action is needed at this time.
ALTERNATIVES
The Council can amend the resolution by replacing the listed project with alternatives that meet the criteria for CDBG funding or reject the resolution entirely if the preference is to implement smaller projects with single-year funding at multiple locations.
ATTACHMENT
1. Resolution 2882
-2-
RESOLUTION NO.2882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AUTHORIZING THE RE.ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FAIR SHARE PROJECT FUNDING FOR CD ACTIVITY 18.18.1 AND CDBG ALLOCATTONS FOR FTSCAL YEAR 2019-2020,2020-2021., AND 2021-2022 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has identified the City of Shafter ("City") as authorized to be included in the County of Kern ("County")'s Community Development Block Grant ("CDBG") program entitlement pursuant to Title I of the Housing and Community Development Act of 1974, as amended; and \üHEREAS, a Cooperation Agreement was executed between the City and the County to participate in the CDBG and HOME Investment Partnerships ("HOME") Programs; and WHEREAS, HUD requires the County to prepare a Consolidated Plan to identifu unmet needs, set goals and objectives, and provide a strategic plan for utilizing CDBG and HOME funds to address some of the identified needs contained in the Consolidated Plan; and \ilHEREAS, it is the intention of the City to participate and cooperate with the County in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specihcally described in the Consolidated Plan; and \ryHEREAS, the City Council ofthe City of Shafter ("City Council") held apublic hearing on August 3,2021to consider the following: (1) the cancellation of CD Activity 18.18.1 for the purpose of investing in additions, upgrades, and improvements to the Shafter Community Pool located at269 Poso Avenue; (2) the consolidation of CD Activity 18.18.1 funds with City CDBG allocations for Fiscal Year 2019-2020,2020-202I, and2}2l-2l22yetassigned a funding agreement number; and (3) the use of all consolidated CDBG funding for one funding agreement project dedicated to recreational improvements at Veterans Park; and
WHEREAS, the City Council has received public testimony and reviewed the anticipated unmet community needs; and
\ryHEREAS, after said public hearing on August 3, 202I, the City Council adopted Resolution 2822, authorizing said cancellation of CD Activity 18.18.1 for the pufpose of investing in additions, upgrades, and improvements to the Shafter Community Pool and consolidation of City CDBG allocations for one funding agreement project dedicated to recreational improvements at Veterans Park; and;
WHEREAS, the City received Federal American Rescue Plan Act of 202I funding that can more readily complete the recreational improvements prioritize for Veterans Park; and WHEREAS, the Public Works Director has identified a funding shortage for planned park improvements at Rodriguez Park that meet the project criteria for CDBG funding and has made a request of the City Council to authorizethe use of re-allocation of CD Activity 18.18 and CDBG funding allocations for Fiscal Year 2019-2020,2020-2021, and202l-2022 for said improvements at Rodriguez Park.
Shafter City Council Resolution No. 2882
July 19,2022
Page2
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIAO AS FOLLOIilS:
Section 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Re-Allocation of CD Activity 18.18.1 Funds. The City Council hereby authorizes all of the following: (1) the cancellation of CD Activity 18.18.1 ; (2) the consolidation of CD Activity 18.18.1 funds with City CDBG allocations for Fiscal Year 2019-2020,2020-2021, and 202I-2022 yet assigned a funding agreement number; and (3) the use of all consolidated CDBG funding for one funding agreement project dedicated to recreational improvements at Rodriguez Park.
Section 3. Severability. If any provision of this Resolution or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable.
Section 4. Effective Date. This Resolution shall take effect and be in full force and effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of Ju1y,2022.
Cathy L. Prout, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
A
l'crrv or'l
City of Shafter
5]{AI=TGR COUNCIL AGENDA REPORT
Meeting Date
FROM:
July 19,2022
Gabriel A. Gonzalez, Cify Manager
Prepared By: Yazmina Pallares, City Clerk
SUBJECT: 2022 CTTY CHARTER DECENNIAL REVIEV/
RECOMMENDATION
Council receive the Shafter Charter Decennial Report.
BACKGROUND
Section 10.02 of the City's Charter requires that a "Citizens Charter Advisory Committee" review the Charter every ten (10) years based on the decennial results by the U.S. Census Bureau, and make any reconìmendations to the Council regarding any revisions which it may feel to be beneficial to the City.
On April 19, 2012, Council adopted Resolution 2860, Creating the Citizens Charter Advisory Committee. The Citizens Charter Advisory Committee "Committee" and staff met on May 5, 2022, l|i4.ay 9, 2022, }i/.ay 23, 2022, and June 6, 2022 to review the Shafter City Charter. Staff provided the Committee with a history of the Charter and a summary of its provisions and comparisons to other Charter cities through the State.
The general consensus of the Committee was that the Charter in its original form has served Shafter well, and no major revisions were necessary. The 2022 City Charter Decennial report was approved and signed by the Committee on June 20,2022 and the report is attached for your reference.
ATTACHMENTS
1. Shafter Charter Decennial Report
MANAGEMENT REPORT
DocuSign Envelope lD: DBDB67Bl -4A2A4036-8488-'120FE13891 47 City of Shafter
2022 City Charter Decennial Review
Section I 0.02 of the Charter of the City of Shafter requires a Citizens Charter Advisory Committee, appointed by the City Council, to within six months of the reporting of the official decennial census of population by the United States Bureau of the Census to review and provide a report to the City Council. The Committee shall review the minutes and intent documents of the preceding Committee and consider the appropriateness of previously considered issues and, make any recommendations regarding any revisions which it may feel beneficial to the City.
The following Citizens were appointed by the City Council tothe2022 Decennial Charter Review Committee and met to fulf,rll the above mentioned requirements:
¡ Dennis Atkinson
. Chris Dozhier
¡ Susie Harmer
. Gerard Loaiza
. Cynthia Marquez
City Manager Gabriel Gonzalez, Assistant City Attomey Henry Castillo, and City Clerk Yazmina Pallares met with the Committee on May 5, 2022, May 9, 2022,May 23,2022, and June 6,2022, to review the Shafter Charter. Based on staff recommendation the Committee members selected a committee chairperson and vice-chairperson to lead the committee, Dennis Atkinson and Chris Dozhier, were appointed respectively.
Staff provided the Committee with a history of the Charter and a summary of its provisions and comparisons to other Charter cities through the State. Committee Member Atkinson served on the original Citizens Charter Advisory committee in 1995 and added some historical perspective. The general consensus was that the Charter in its original form has served Shafter well, and no major revisions were necessary.
Considerable discussion was given to the provisions of the Charter that outlined the Restriction on Dismissal for the City Manager, Section 5.02. The Committee discussed extending the period immediately following the date of installation of any person newly elected to the Council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation, or reduce the salary or benefits of the City Manager from one hundred twenty (120) to one hundred eighty (180). Staff provided information on legal applicability if the city manager were to be dismissed within that timeframe. It was shared that a city manager would have legal recourse to pursue in that scenario. Moreover, a city manager and city council could negotiate the dismissal of the city manager the through mutual separation agreement. Thus, after discussion the Committee agreed the Charter adequately addressed the matter, and no changes to the section are recommended.
Committee Member Harmer had concerns with the City Charter naming the City Attorney a department head in Section 6.02. The Committee expressed a possible conflict between City Council, City Manager, and the City Attorney if ever an issue arose. City Manager Gonzalez and DocuSign Envelope lD: DBD86TBI -4424-4036-8488-120F813891 47 Assistant City Attorney Castillo explained that Shafter's Charter states "The City Attorney shall be a department head and may be either a full or part time employee, q such services may be contracted to a law firm experienced in municipal law." The key verbiage being the "...or..." in the charter language. Staff informed the Committee, historically the City has retained an outside legal firm to serve as its City Attorney. However, should the City ever consider having an inhouse city attorney then in that case the city attorney would be appointed as a department head.
Due to the amount of legal resources an outside legal firm offers it is highly unlikely the City would hire an in-house city attorney in the future. The Committee was satisfied with the clarification and recommended no changes to the section.
Committee Member Marquez asked if Section 7.09 Debt could be streamlined with more straightforward terminology. The Committee was given examples of charters throughout the State to compare to Shafter's Charter. The Committee agreed that more streamlined verbiage would be ideal but suggested no changes to the section.
The Committee agreed that the Charter should not be amended and adjoumed with no further recommendations and concluded its work.
APPROVED AND SIGNED BY THE CITY OF SHAFTER CITIZENS CHARTER ADVISORY COMMTTTEE THrS 20th DAy OF JUNE, 2022.
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Chris
Gerard Loaiza
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