Shafter City Council
December 20, 2022

RATIFY A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY FOR HIGHPRIORITY REPAIRS TO THE CITY STREET SWEEPER IN THE AMOUNT OF $28,000. - 2 -
FY 2022-2023 Operating Budget has sufficient funds for the repars.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of funds for sweeper repairs and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
There are no viable alternatives to the requested action, which is viewed as the most cost-effective strategy to ensure the City is able to maintain its citywide street sweeping service levels.

NEXT STEPS
Upon receipt of the necessary parts, Public Works will temporarily shut down street sweeping so the repairs with the fan assembly can be performed. Should the shutdown be longer than expected, a rented sweeper may be needed.

ATTACHMENTS

1. Street Sweeper Repair Purchase Order

CHANGE ORDER

THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND
SHIPPING PAPERS.

Purchase
Order #
Purchase Order

BILL TO
City of Shafter
336 Pacific Ave.

Shafter, CA 93263
(661) 746-5001

VENDOR SHIP TO
Date Ordered Vendor Number Department/Location
Item# Description/PartNo QTY UOM Unit Price Extended Price

VENDOR COPY
Page: 1 of: 1
23000376 - 01
720 COMMERCE WAY
SHAFTER, CA 93263
Email: [email protected]
Phone: 661-746-5002
N

HAAKER EQUIPMENT COMPANY
2070 N WHITE AVENUE
LAVERNE, CA 91750
Fax: 909-598-1427
720 COMMERCE WAY
SHAFTER, CA 93263
Email: [email protected]
Phone: 661-746-5002
11/29/2022 12729 PUBLIC WORKS
Street Sweeper Repairs
The Above Purchase Order Number Must Appear On All
Correspondence - Packing Sheets And Bills Of Lading
1 Street Sweeper Repairs - Fan & housing assembly. 1.0 EACH $28,000.00 $28,000.00 Total Ext. Price $28,000.00
PO Total $28,000.00

PURCHASE ORDER TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIALS

1. Acceptance. This purchase order for equipment and materials issued by the City of Shafter (“CITY”) to the Vendor designated in the purchase order must be promptly accepted and acceptance is expressly limited to the terms of this order. Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. Vendor's shipment of goods in response to this order shall be considered acceptance by the Vendor.

2. Entire Agreement. Unless Vendor and CITY have entered into a separate written contract covering the purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by authorized representatives of each party.

3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by CITY. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, CITY shall have the benefit of such lower price. Vendor shall deliver to CITY all invoices within 30 days of shipping or service delivery.

4. Payment. Payments will be made net 30 days unless otherwise specified as per agreements regarding discount terms. The period of computation will commence on the date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor’s performance. Payment of an invoice by CITY shall be without prejudice to any and all claims CITY may have against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in minor deviations from payment terms otherwise cited herein

5. Time of the Essence. Time is of the essence on this order. If delivery is not made in the quantity or quantities and at the time or times specified, CITY shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If CITY accepts delayed delivery the time of payment shall be extended accordingly.

6. Delivery and Acceptance. Vendor expressly warrants that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good and marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing, crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by CITY. Title to equipment and materials purchased hereunder shall pass to Vendor at the designated F.O.B. point, subject to Vendor’s right to inspect and reject or revoke acceptance.

7. Warranty. Vendor warrants for a period of 12 months following start of use or 18 months from receipt, whichever occurs first, that the goods described herein will be free of defects in workmanship, design, materials, and title, and notwithstanding anything herein to the contrary, will conform to all applicable proposals, specifications, instructions, drawings, data, descriptions, and samples, and will be of good and merchantable quality and fit and sufficient for the purpose intended. Vendor shall obtain and provide to CITY Material Safety Data Sheets (MSDS) for each product that contains hazardous substances as defined by CalOSHA.

8. Rejection of Goods. CITY shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications. In case of such rejection or revocation of acceptance, transportation of the rejected goods, both to and from CITY, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from CITY, and CITY shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance. Vendor shall be liable to CITY for all damages proximately caused by breach of any of the foregoing warranties, including incidental damages but excluding special or consequential damages.

9. Returns. CITY reserves the right to return for full credit any excess over quantity called for in any order or orders. Vendor to bear the cost of transportation both ways.

10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor CITY for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control.

In the event of any such excused interference with shipments, CITY shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.

11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages, salaries or other remunerations paid to persons employed in connection with performance of this order.

12. No Waiver. No exercise by CITY of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. CITY's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.

13. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. CITY shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects.

If the Work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. Vendor shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of services, including any delay, shall be Vendor’s sole responsibility and Vendor shall indemnify CITY from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

14. Insurance. Vendor shall take out and maintain: A. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01, naming CITY as an additional insured; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials.

Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by CITY. VENDOR

SHALL ENSURE THAT THIRD PARTY SHIPPERS CONTRACTED BY VENDOR HAVE ADEQUATE INSURANCE COVERAGE.

15. Indemnification. The Vendor shall indemnify and hold harmless CITY, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of patented items, or any claim of the Vendor or sub-contractors for wages or benefits which arise in connection with the sale, delivery and/or installation of equipment or materials, except to the extent caused or resulting from the negligence or willful misconduct of CITY. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to CITY and CITY’s attorneys’ fees incurred in such an action.

16. Substitutions, Changes and Cancellation. No substitutions are acceptable unless expressly accepted in writing by CITY. CITY may make changes in the general scope of this order by giving written notice to Vendor. If any such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as CITY determines to be equitable. Vendor may request changes; however no such change shall be effective unless accepted in writing by CITY. CITY may cancel this order in whole or in part at any time before acceptance of the equipment and materials due to Vendor’s breach or for CITY’s convenience.

17. Laws, Venue, and Attorneys' Fees. This purchase order shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this purchase order , the action shall be brought in a state or federal court situated in the County of Kern, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order or any rights under or interest in this purchase order without the written consent of CITY, which may be withheld for any reason. Vendor is retained as an independent contractor and is not an employee of CITY. No employee or agent of Vendor shall become an employee of CITY. This is an integrated agreement/purchase order representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.

19. Damage to City Facilities. Damage to CITY or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the CITY.

20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After and installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.

21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the CITY.
*OPTIONAL TERMS:

Custom Design: If the goods are produced by Vendor in accordance with designs, drawings or blueprints provided by CITY, Vendor shall return same to CITY upon completion or cancellation of this order. Any materials, equipment, tools, artwork, designs or other property furnished by or specifically paid for by CITY shall be CITY’s property.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Chris Schultz, GIS Coordinator
SUBJECT: APPROVE AN ANNUAL SERVICE CONTRACT TO NEARMAP, INC. IN THE AMOUNT OF $25,000 FOR CITY AERIAL IMAGERY

SERVICE

RECOMMENDATION
Find the requested action is exempt from the California Environmental Quality Act; approve the annual service contract payment for aerial imagery services invoiced by Nearmap US, Inc. ("Nearmap"), and authorize payment of $25,000 for the second annual invoice payment listed.

BACKGROUND
City use of Geographic Information Systems (GIS) technology continues to expand mainly due to the implementation of its current aerial imagery service contract with Nearmap US, Inc. This essential service is used routinely by several City departments, including City Services, Finance, Public Works, Building, Planning and Police.

ANALYSIS
This service provides reliable high-resolution aerial imagery to all online dashboards and production mapping services. Additionally, this service provides staff using mobile devices with a reliable imagery service when working with software programs that require survey-grade accuracy or a visual tool for data collection.

The current contract with Nearmap includes two aerial flight plans per year, with this year's flyover covering the city's entire Sphere of Influence (SOI). The remainder of the three-year contract now includes the expanded service area for both flights, including the previously recommended addition of the city’s water service area boundary that is located outside of the SOI.

FISCAL IMPACT

APPROVE AN ANNUAL SERVICE CONTRACT TO NEARMAP, INC. IN THE AMOUNT OF $25,000

FOR CITY AERIAL IMAGERY SERVICE
- 2 -
FY 2022-2023 Operating Budget has funding available. The total cost of the three-year contract is $74,998.50, paid annually, with that annual cost, including sales tax, totaling $24,999.50. This authorization is the second contractual payment and covers the date range, December 26, 2022 to December 25, 2023.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the payment of an invoice for aerial imagery and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
An alternative to the recommended action is to reject the second invoice payment on the three-year contract from Nearmap US, Inc. This action would disable the City’s ability to access the high-resolution aerial imagery service found within all online departmental dashboards, as well as all production (paper) maps created by the GIS Office. The loss of this essential service, replaced by the standard ESRI imagery product, would save the City the annual cost of the contract for the fiscal year 2022-23 budget, but the savings would likely diminish through loss of services, and the increased cost to obtain third-party aerial imagery for various city projects within this timeframe. Therefore, City staff does not recommend the alternative.

NEXT STEPS
Process payment in the amount fo $25,000 for continued services.

ATTACHMENTS

1. Nearmap US, Inc. - Invoice Oct 6 2021

Invoice Totals
Gross Amount $2
Subtotal $2
Tax $ 0.00
$2
Year One Amount $
Nearmap US Inc.
10897 South River Front Parkway, Suite 150,
South Jordan, UT 84095, USA
Phone: +1 (801) 609 7250
EIN: 30-0834546
https://us.nearmap.com
[email protected]
Billing Address
City of Shafter, CA
336 Pacific Av
Shafter California 93263
Shipping Address
City of Shafter, CA
Products Summary
Quantity Charge Description Period Annual Fee Annual Total 1 Nearmap Now -
Survey Fee $
Customer Number A00008826
Number
Created Date 10/06/2021
1 1
Nearmap Now -
Survey Fee
Nearmap Now -
Survey Fee
12/26/2022 - 12/25/2023
12/26/2023 - 12/25/2024
3 year financial commitment of $74,998.50
$24,999.50
$24,999.50
$24,999.50

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: RATIFICATION OF NON-REPRESENTED EMPLOYEE BENEFITS

RECOMMENDATION
Adopt Resolution 2898, a Resolution of the City Council of the City of Shafter authorizing wage and related benefits for Non-Represented full-time employees for the period of January 1, 2023, through December 31, 2023; and authorize NonRepresented part-time and extra-help employees a 2% cost-of-living adjustment effective January 1, 2023, and a one-time off-schedule pro-rated net compensation based on hours worked in 2022 through November 25, 2022. Interns are excluded from the 2% cost-of-living adjustment and shall receive the California minimum wage of $15.50 hourly effective January 1, 2023; and approve a budget amendment in the amount $140,500 for the one-time payout and $96,800 for the 2% COLA increase for the remainder of FY 2022/2023.

BACKGROUND
Wage and related benefits for non-represented full-time employees are established by a resolution of the City Council that is set to expire on December 31, 2022. Shafter City Council Resolution 2898 authorizes wages and related benefits for nonrepresented full-time employees from January 1, 2023, through December 31, 2023.

ANALYSIS

NON-REPRESENTED FULL-TIME EMPLOYEES
The updates to the resolution are consistent with Council direction as follows:
 Effective January 1, 2023, Non-Represented Full-time Employees shall receive a two percent (2%) cost-of-living adjustment.
 No later than December 22, 2022, Non-Represented Full-time Employees shall receive a one-time off-schedule net compensation payment of $1,500. New employees shall receive a prorated amount covering the period worked through November 25, 2022.
 Remove Section 2.16 Performance Bonuses.
 Remove Section 2.17 Premium Pay.
 Update classification titles under Section 3.2 Uniform Allowance.  All other benefits remain the same.

RATIFICATION OF NON-REPRESENTED EMPLOYEE BENEFITS
- 2 -

NON-REPRESENTED PART-TIME/EXTRA-HELP EMPLOYEES
Non-represented part-time and extra-help employees are excluded from City benefits and are only provided with the benefits that are required by law. The following nonrequired benefits are provided to non-represented part-time and extra-help employees for employee retention and are consistent with Council direction:
 Effective January 1, 2023, Part-time/Extra Help Employees shall receive a two percent (2%) cost-of-living adjustment. Interns are excluded from the 2% cost-ofliving adjustment and shall receive the California minimum wage of $15.50 hourly effective January 1, 2023.
 No later than December 22, 2022, Part-time/Extra Help Employees shall receive a one-time off-schedule pro-rated net compensation payment based on hours worked in 2022 through November 25, 2022.

Pro-ration is based on the total number of hours worked in the calendar year 2022, through the November 25, 2022 payroll, multiplied by the prorated factor of .07979 ($1,500/1880), then rounding up to the next $10, not to exceed $1,500 net compensation. As an example, for an employee who worked 200 hours (200 x 0.7979 = $159.58), net compensation is $160.

FISCAL IMPACT
The one-time payout amounts of approximately $140,500 with about 90% relating to the general fund. The 2% COLA increase amounts to an approximately $193,600 ongoing annual increase with about 90%, or $174240, to the general fund. A budget adjustment will be necessary if approved by the City Council.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the ratification of employee benefits and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
None.

NEXT STEPS
Upon ratification, the following will occur:

RATIFICATION OF NON-REPRESENTED EMPLOYEE BENEFITS
- 3 -

1. Non-Represented Full-time and Part-time/Extra Help Employees will receive the off-schedule net compensation payments on December 22, 2022.

2. The employee bi-weekly pay schedule shall be updated to reflect the cost-ofliving adjustments and minimum wage increase for Interns effective January 1, 2023. The revised pay schedule will go before the City Council for adoption at the first City Council Meeting in January 2023.

ATTACHMENTS

1. Resolution 2898 Non-Represented Full-Time Employees Resolution 2023

RESOLUTION NO. 2898

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING WAGE AND RELATED BENEFITS
FOR NON-REPRESENTED FULL-TIME EMPLOYEES.

WHEREAS, the Charter of the City of Shafter, authorizes the City Council to provide wages and related benefits for employees of the City; and
WHEREAS, the City has established definitions of Full-time Employees and recognizes those employees not otherwise represented by the Shafter Police Officer Association (SPOA), or the Shafter Public Works Unit of the Service Employees International Union L521 (SEIU L521) bargaining units to be deemed as Non-Represented Full-Time Employees and covered within this Resolution (“employees” or “Covered Employees”).

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter, California, that the wage and related benefit plan for Covered Employees described herein, shall be effective January 1, 2023 through December 31, 2023, upon adoption by the City Council as follows:

SECTION I - HOURS OF WORK AND OVERTIME
SECTION 1.1 HOURS OF WORK
a. Work Period
The normal work period shall be seven (7) days with a maximum non-overtime of forty hours (40). The Work Period shall commence at 0000-hour Saturday and end at 2400 hours Friday.

When mutually agreed upon, employees may be placed on alternative work schedules. Use of an alternative work schedule shall be on a trial basis not to exceed three (3) months. Extension may be granted at the sole discretion of the Department Head. The City reserves the right to terminate the alternative work schedule at any time if it is found unsatisfactory at the sole discretion of the Department Head. Employees may terminate the alternative work schedule if it is found unsatisfactory. Matters concerning work schedules are not subject to the grievance procedure.

The alternative work period shall be fourteen (14) consecutive days with a maximum nonovertime of eighty (80) hours. The work period shall commence at 0000 hours Saturday and end at 2400 hours Friday. Benefits such as vacation, holiday and sick leave accrue on an eight (8) hour day. Absences from a workday exceeding eight (8) hours require use of additional accrued leave. Only sworn employees are eligible for the 14-day work period in accordance with the 207(k) partial overtime exemption.
b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time, therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.

Shafter City Council Resolution 2898
December 20, 2022

SECTION 1.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.

All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked, the employee shall be compensated for one quarter (1/4) hour at their overtime rate.
b. Hours Paid
Overtime shall be paid after forty (40) hours worked in a Work Period. Vacation leave, sick leave, and compensating time off constitute hours worked.

Overtime for Alternate workweek schedules shall be paid for hours worked in excess of eighty (80) hours in an alternative 14-day work period. Vacation leave, sick leave, and compensating time off constitute hours worked.
c. Compensating Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee. Employees may accrue a maximum of one-hundred twenty (120) hours in their CTO account. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.

SECTION 1.3 CALLBACK PAY
The City will compensate employees for a minimum of two (2) hours or actual time worked, whichever is greater, at the overtime rate when they are called back for active duty and have previously departed the work site. Overtime when adjacent to the employee’s regularly scheduled work hours, either immediately before, during or immediately following, is not subject to call back pay.

SECTION 1.4 STANDBY PAY REGULAR DAYS OFF
Employees directed to remain on call and available on his/her normal day off, shall be compensated at the rate of two (2) hours pay per day. All standby assignments shall be authorized in advance by the City Manager. Employees shall be paid the standby pay or the employee’s regular hourly rate for time actually worked to the nearest half hour, whichever is greater.

ARTICLE II - PAY PROVISIONS
SECTION 2.1 SALARY
a. Effective January 1, 2023, Non-Represented Full-time Employees shall receive a two percent (2%) cost of living adjustment.

Shafter City Council Resolution 2898
December 20, 2022

b. No Later than December 22, 2022, Non-Represented Full-time Employees shall receive a onetime off schedule net compensation payment of $1,500. New employees shall receive a prorated amount covering the period worked through November 25, 2022. c. Local Miscellaneous employees hired on or after January 1, 2013, and identified as a ANew Member@ by the California Public Employees Retirement System, as defined in Government Code Section 7522.04(e,f), shall receive ANew Member Premium Pay@ equal to 50% of the annual normal cost rate for CalPERS 2%@62 Miscellaneous formula. The actual percentage may vary slightly due to rounding.
d. Local Safety employees hired on or after January 1, 2013, and identified as a ANew Member@ by the California Public Employees Retirement System, as defined in Government Code Section 7522.04(e,f), shall receive ANew Member Premium Pay@ equal to 50% of the annual normal cost rate for CalPERS 2.7%@57 Safety formula. The actual percentage may vary slightly due to rounding.
e. Salary step increases to Steps B, C, D and E shall be considered merit increases. Employees shall be eligible for salary advancement to the next step upon completion of twelve (12) months (or other time period approved by the City Manager) of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager.

SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to three-thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other certification courses under the following conditions:
a. Prior Department Head and City Manager approval is obtained. b. The course furthers a job related major as approved by the City Manager or his/her designee. c. College courses require a minimum three (3) units completed with a grade of "C" or better.

SECTION 2.3 BILINGUAL SPANISH INCENTIVE PAY
Employees shall receive incentive pay at eighty ($80.00) dollars per month, in addition to base salary for having bilingual ability in Spanish to the satisfaction of the Department Head or his/her designee.

SECTION 2.4 RETIREMENT
a. The City agrees to contract with California Public Employees Retirement System and agrees to pay the 7%-member contribution for Covered Employees defined as Local Miscellaneous and hired on or before December 31, 2012. The plan benefits consist of the 2% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.

Shafter City Council Resolution 2898
December 20, 2022

b. The City agrees to contract with California Public Employees Retirement System and agrees to pay the 9%-member contribution for Covered Employees who are sworn officers pursuant to PC 830.1 and hired on or before December 31, 2012. The plan benefits consist of the 3% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042. c. Employees hired on or after January 1, 2013, who qualify as a new member in the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the California Public Employees Retirement plan 2%@62 Miscellaneous formula (GC Section 7522.20 (a)) or 2.7%@57 Safety formula (GC Section 7522.25(a,b,c,d)); three year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). d. Employees hired on or after January 1, 2013, who qualify as a classic member of the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the retirement formula available on December 31, 2012: Local Miscellaneous 2%@55 full formula or Local Safety 3%@55 full formula. The City agrees to pay the member contribution.

SECTION 2.5 SICK LEAVE
a. Sick leave accrues at a rate of 3.6923 hours bi-weekly. There is no limit to the accumulation; however, the maximum shall revert back to one hundred twenty (120) days in the event of legislation requiring cities to provide conversion rights. b. Employees with at least 480 hours of accrued sick leave shall be eligible for the Stay Well Bonus. For purposes of sick leave accounting, the annual period shall be December 1 through November 30. All unused sick leave above 480 hours will be used for calculating the employee's stay well bonus paid on or around December 15. Net sick leave earned and not used during the annual period will be divided in half. One-half will be paid to the employee at the employee’s current base hourly rate and the remaining one-half shall remain as regular sick leave.

Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a Stay Well Bonus, at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation. Employees may elect to be paid by separate check. Employees may also increase their contribution to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for sick leave by turning in an election form.
c. Upon service retirement, disability retirement, or death of active employees, such employees will be paid for all sick leave accrued in excess of 640 hours. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave.

Shafter City Council Resolution 2898
December 20, 2022

e. Employees employed as of July 1 who do not use any sick leave during the period July 1 through June 30, shall be credited on July 1 of the following fiscal year, with one eight (8) hour floating holiday. Sick leave paid according to Section 2.5 (b) shall not be considered as sick leave used for the purposes of determining eligibility for Section 2.5 (e). The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

SECTION 2.6 VACATION LEAVE
a. Employees having less than one (1) year continuous employment shall not be entitled to vacation with pay unless approved by the City Manager.
b. Vacation days are based on an 8-hour day and shall be accrued on a pro-rated basis as follows:

1. Ten days (80 hours) of vacation after one (1) year of service. Accrual begins on date of hire.

2. Fifteen days (120 hours) of vacation after five (5) years of service. New accrual rate begins at the completion of the 5th year of service.

3. Seventeen days (136 hours) of vacation after ten (10) years of service. New accrual rate begins at the completion of the 10th year of service.

4. Twenty days (160 hours) of vacation after fifteen (15) years of service. New accrual rate begins at the completion of the 15th year of service.

5. Twenty-five days (200 hours) of vacation after twenty (20) years of service. New accrual rate begins at the completion of the 20th year of service. c. Additional vacation for management leave may be granted by the City Manager and will add to the maximum accrual levels as outlined in section 2.6 (d). d. Employees hired prior to July 1, 2000, may accrue no more than three times the annual accrual at their current accrual rate. Employees hired on or after July 1, 2000, may accrue no more than two times their annual accrual at their current accrual rate. Employees reaching their maximum accrual limit will stop accruing until the balance is below the maximum accrual limit. The table below is provided as an example of accrual rates and maximum accrual limits and may not be all inclusive. Additional accrual rates will be subject to the two- and three-year maximum accrual limits based on date of hire indicated above unless otherwise noted.

Date of Hire Prior to July 1, 2000 Date of Hire on or after July 1, 2000 Bi-weekly Accrual
Rate
Maximum
Accrual
Bi-weekly Accrual Rate Maximum
Accrual

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400

Shafter City Council Resolution 2898
December 20, 2022

e. The time during a year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City.
f. Employees who terminate employment shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.
g. In the event one or more holidays fall within vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. h. Employees who have accrued at least one hundred and twenty (120) hours of vacation time shall be allowed to cash-out up to a maximum of forty (40) hours of vacation time annually.

Employees who have accrued at least two hundred and forty (240) hours of vacation time shall be allowed to cash-out up to a maximum of eighty (80) hours of vacation time annually.

Payments will be made twice a year; on or before May 31st and November 30th. Requests must be received by Human Resources no later than the first payday in May and/or November.

Accrual balance on the first payday in May and/or November will be used to determine eligibility. Under no circumstances will the total number of hours eligible for cash-out exceed eighty (80) hours annually.

Employees may elect to be paid by separate check and/or contribute to the ICMA 457 Deferred Compensation Plan for all vacation cash-out hours eligible to be paid out.

SECTION 2.7 HOLIDAYS
a. The following are city paid eight (8) hour holidays:

No. Holiday Date Hours
1 New Year’s Day January 1 8
2 Washington’s Birthday 3
rd Monday in February 8
3 Memorial Day Last Monday in May 8
4 Independence Day July 4 8
5 Labor Day 1
st Monday in September 8
6 Thanksgiving Day 4
th Thursday in November 8
7 Day after Thanksgiving 4
th Friday in November 8
8 Christmas Eve December 24 8
9 Christmas Day December 25 8
10 New Year’s Eve December 31 8
11 Martin Luther King Jr Floating Holiday 8
12 Veterans Day Floating Holiday 8

Shafter City Council Resolution 2898
December 20, 2022

b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive the two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. c. In addition, any day proclaimed by the Shafter City Council as a holiday. d. Employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.
e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked. Compensation shall be at time and one half.

SECTION 2.8 BEREAVEMENT LEAVE
a. Employees shall be entitled to three (3) days bereavement leave in the case of death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, sonin-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister and registered domestic partner. b. Employees may be granted five (5) days bereavement leave as approved by the City Manager in case of the death of an above covered individual when the funeral takes place out of State or over 200 miles from Shafter.

SECTION 2.9 MILITARY LEAVE
Military leave shall be granted according with the provisions of State law. Employees shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 2.10 OUT OF CLASS PAY
Employees assigned by the Department Head to a higher paying position for a period of more than ten (10) consecutive normal workdays, or as approved by the City Manager, shall be paid at the out of class rate for all days worked in that position.

The out of class rate shall provide a 5% increase above the employee’s base wage except in no case shall the employee receive higher than the E step of the higher paid position.

SECTION 2.11 PROFESSIONAL FEES
The City agrees to pay 100% of the fees for certifications and license as may be required as a condition of employment.

Shafter City Council Resolution 2898
December 20, 2022

SECTION 2.12 CERTIFICATION INCENTIVE PAY
The City may provide an incentive to obtain a level of specialized certification beyond what is required by the job, provided the certification is job-related and provides a clear, on-going benefit to the City. Interim certification is excluded. Specific Certifications or levels of Certifications eligible for Incentive Pay must be recommended by the Department Head and approved by the City Manager prior to inclusion in the Incentive Pay Program. Eligible specific Certifications must be directly related to an employee’s job duties but NOT a qualifying requirement of the position.

Incentives are cumulative; however, no combination of Incentive Pay certifications shall result in a total Incentive greater than 5% of Base Pay.

Employees working in a department with Memorandum of Understanding (MOU) representation, but not covered by the MOU shall receive certification incentive pay at the rate defined within their department MOU.

SECTION 2.13 CELL PHONE ALLOWANCE
Cell phone allowance is determined by separate policy and requires the approval of the department head and the City Manager.

SECTION 2.14 USE OF CITY OWNED AND PRIVATELY-OWNED VEHICLES Use of City owned, and privately-owned vehicles is determined by separate policy and requires the approval of the City Manager.

SECTION 2.15 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule; including 80-hour work periods with 26 work periods per year.
b. The payroll cut-off for both, overtime and regular time, shall be one week prior to payday. c. Employees shall be paid for actual hours worked (or paid time off used) during the pay period.
d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday. e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.

ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH, LIFE AND COBRA BENEFITS
a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2023

Shafter City Council Resolution 2898
December 20, 2022

through December 31, 2023. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans.
b. The City shall provide employees a life insurance plan equal to the employee's annual base salary plus $17,000, spouse death benefit of $5,000 and dependent death benefit of $1,000- $1,500.
c. Subject to IRS Code 125 and insurance plan eligibility, the City shall pay $353 monthly to employees who decline participation in the City’s medical insurance plan. Proof of other insurance coverage is required. Retired employees are excluded. d. For all employees who retire under CalPERS, the City will pay one hundred percent (100%) of the City’s group medical and dental premiums for eligible retired employees plus one eligible dependent for a period of up to twelve (12) months immediately following the effective date of retirement. For the purposes of this subsection, eligible employees are those employees who retire from active status on a normal service retirement or disability (excluding deferred retirement) with at least 10 years of continuous full-time city service.

For the purposes of this subsection, continuous full-time city service shall mean uninterrupted employment as a full-time employee. Authorized leaves of absence shall not be considered as a break in service. This benefit shall not apply to employees who are terminated.
e. For all employees who are eligible for 12 months of City paid COBRA benefits as defined in 3.1(c) paragraph 1 of this resolution and are eligible members of an established ICMA Retirement Health Savings (RHS) group so specifying, the City shall contribute to the employee’s RHS account an amount equal to 12 months of the base medical, dental, and vision plans, plus any applicable COBRA administrative fees. Said payment shall be based on the City’s cost of insurance for the “employee plus one dependent” rate as of the date of separation of employment. The base medical, dental, and vision plans are defined as those respective plans offered to employees with the highest cost to the City and that do not require an employee contribution.

SECTION 3.2 UNIFORM ALLOWANCE
a. The City shall provide uniforms, allowances or reimbursement for uniforms, to those positions designated by the Department Head and approved by the City Manager, upon hire, and annually thereafter. At the recommendation of the Department Head and approval of the City Manager, the list of qualified positions, allowances and reimbursement may be modified as deemed necessary. The City reserves the right to determine the uniform and shoe style and color.

The positions listed below currently qualify for provided uniforms:
 All non-represented, full-time Public Works employees - work pants, work shirt, and city patches
 Animal Shelter Workers – five (5) City shirts
b. Employees who are required to furnish and maintain City uniforms shall be compensated annually as follows:
 Chief of Police, Assistant Chief of Police, Police Lieutenant - $900

Shafter City Council Resolution 2898
December 20, 2022

 Police Property & Evidence Technician - $850
 Police Records Supervisor - $475
c. Police Department sworn officers shall be paid two hundred dollars ($200) annually for standard uniform equipment.
d. The City shall provide level IIIa bullet proof vests to Police Department sworn officers requiring such protection. The City shall also provide personal protective equipment in compliance with the Occupational Safety and Health Administration (OSHA) requirements. e. Police Department sworn officers shall seek restitution through the courts, with all practical diligence, to replace uniforms and standard uniform equipment damaged while on duty. If restitution is denied by the courts, the employee may submit a Damaged Equipment Claim Form to the Department Head or designee, for review and consideration of replacement by the City.

Upon approval, the Department Head or designee shall determine the appropriate rate of reimbursement to replace the damaged uniform or standard uniform equipment. f. Uniform and safety equipment allowance shall be paid in an annual lump sum on or near July 1 of each year. When employees leave city service, the annual uniform and safety equipment allowance is prorated, and any unearned portion shall be deducted from the final paycheck. g. Employees who are provided uniforms, are required to wear these uniforms and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City.
h. All items as provided in Section 3.2(a) remain City property and are only to be used in accordance with City policy. Upon separation, all items must be returned by the employee. A prorated amount of the uniforms not returned will be deducted from the employee’s final paycheck.
i. The City will provide a voucher to a designated vendor or reimburse Department Head approved employees for expenses related to the purchase of work-related jacket and/or boots, insoles/boot support/inserts in the amount not to exceed $300 per fiscal year. This benefit is pro-rated monthly for new employees. Employees who terminate employment are not eligible for payment of any unused portion of the benefit.

ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
This resolution shall commence on January 1, 2023 and expire on December 31, 2023.

Shafter City Council Resolution 2898
December 20, 2022

PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER 2022.

Cathy L. Prout, Mayor Date
ATTEST:

Yazmina Pallares, City Clerk Date

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: APPROVE THE DONATION AGREEMENT FOR TWO PARCELS

BETWEEN LENNAR HOMES OF CALIFORNIA AND THE CITY OF

SHAFTER FOR FUTURE PUBLIC SAFETY FACILITIES AT

GOSSAMER GROVE DEVELOPMENT

RECOMMENDATION
Council approve the donation agreement for two parcels between Lennar Homes of California and the City of Shafter; and, authorize the City Manager to execute the agreement subject to any conforming or clarifying changes subject to approval of the City Manager and City Attorney.

BACKGROUND
On December 13, 2022, the Planning Commission of the City of Shafter made findings that the acquisition of real property within the Gossamer Grove Specific Plan area conforms with the City of Shafter General Plan in accordance with Government Code 65402 and the adoption of the Resolution is in compliance with CEQA requirements.

Government Code Section 65402 requires a finding that the acquisition of property by a city conforms to the city’s general plan.

ANALYSIS
The proposed acquisition of the two parcels is consistent with the following policy of the Gossamer Grove Specific Plan:

3.11.1 Police and Fire Protection
Acreage for police and/or fire protection facilities shall be provided within the public services land use designation in Planning Area 4 as required by the City of Shafter.

The “Public Services Parcel” and “Street Dedication in Fee” parcel are both found within the public services land use designation in Planning Area 4 of the Specific Plan.

The “Public Services Parcel” is the acreage needed for police and/or fire protection facilities.

APPROVE THE DONATION AGREEMENT FOR TWO PARCELS BETWEEN LENNAR HOMES OF

CALIFORNIA AND THE CITY OF SHAFTER FOR FUTURE PUBLIC SAFETY FACILITIES AT

GOSSAMER GROVE DEVELOPMENT
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The “Street Dedication in Fee” parcel is a remnant of previous land divisions and is located completely within an existing street right-of-way (Gossamer Grove Boulevard) and, while this parcel does not directly add to the acreage for police and/or fire protection facilities, its acquisition is being considered because the property needs to change ownership prior to a obtaining an updated title report showing the new boundaries of Tract 7388. Creating new boundaries for Tract 7388 and a revised title report is required so that a future substantial conformance process can move forward for Tract 7388. This substantial conformance process will provide the changes necessary to create the acreage needed for police and/or fire protection facilities.

Therefore, the acquisition of the two parcels conforms to the City of Shafter General Plan by conforming to the policies found in the Gossamer Grove Specific Plan, namely the policy that requires acreage for police and/or fire protection facilities. The Planning Commission has already made a General Plan conformity finding dated December 13, 2022.

The City has requested, and Lennar has agreed to deed the parcels over to the City.

With the Council's approval, the City Manager will accept the deeds and record them with the County Recorder’s Office.

Prior to accepting the deeds and authorizing the City Manager to record them, Lennar and the City desire to enter into a donation agreement that has been reviewed and agreed upon by the two parties. In essence, the agreement states that the City will approve Specific Plan Amendment (SPA) No. 22-05 and Lennar will deeds over two parcels necessary to create a public services parcel for a future fire station and police substation.

FISCAL IMPACT
None.

CEQA ANALYSIS
The approval of the donation agreement allows the future development of a public services area as described in the adopted Gossamer Grove Specific Plan. The ultimate development of the public services area is within the scope and intensity of the original Gossamer Grove Specific Plan analyzed in the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the public services area as a mix of land uses that can include a police station, fire substation, and residential. Therefore, per Section 15061(b)(3) of the California Environmental Quality Act Guidelines (commonly referred to as the “Common Sense exemption”), it can be seen with certainty that the action will not cause a significant effect on the environment, and therefore, the action is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

APPROVE THE DONATION AGREEMENT FOR TWO PARCELS BETWEEN LENNAR HOMES OF

CALIFORNIA AND THE CITY OF SHAFTER FOR FUTURE PUBLIC SAFETY FACILITIES AT

GOSSAMER GROVE DEVELOPMENT
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ALTERNATIVES
None.

NEXT STEPS
Accept the two deeds and authorize the City Manager to record them, and approve the second reading of the Ordinance approving SPA No. 22-05.

ATTACHMENTS

1. Property Donation Agreement (Gossamer Grove)-Final 12-16-22-c1

17236.00123\40912136.1
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APN: portion of
__________________

DONATION AGREEMENT
THIS AGREEMENT (“Agreement”) is made this _____ day of _______________, 2022 by and between the City of Shafter herein called “RECIPIENT,” and Lennar Homes of California, LLC, a California limited liability company, herein called “DONOR.” The RECIPIENT and DONOR are sometimes individually referred to as “Party” and collectively as “Parties”, as the context requires.

WHEREAS, DONOR is the owner of certain real property located in Kern County, and as more particularly described on Exhibit A attached hereto (the “Property”); WHEREAS, RECIPIENT desires to acquire the Property for purposes of constructing public safety facilities; and
NOW, THEREFORE, RECIPIENT and DONOR agree as follows:

1. Donation of Property. DONOR shall grant the Property to RECIPIENT and, in consideration of the donation to RECIPIENT, RECIPIENT shall accept the grant of the Property, or interest therein, upon the terms and conditions set forth in this Agreement. While no money shall change hands between the Parties, DONOR shall receive the benefits of a donation to RECIPIENT, as well as transferring the obligations associated with the Property to RECIPIENT, and RECIPIENT is willing to accept such obligations in exchange for the Property.

2. Obligations of Donor.

2.1 Fee Interest. Upon acceptance by RECIPIENT, DONOR shall convey, assign and transfer its fee interest in the Property to RECIPIENT, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes except for (i) liens for non-delinquent property taxes and assessments, and (ii) those liens and encumbrances and easements which, in the sole discretion of RECIPIENT, are acceptable pursuant to Section 6.

2.2 Representations and Warranties of Donor. DONOR represents and warrants to RECIPIENT that as of the date of this Agreement and as of the Recordation Date as defined in Section 8.4 below:

2.2.1 Hazardous Substances. The Property is: (i) free from Hazardous Substances; (ii) contains no buried or partially buried storage tanks located on the Property; (iii) has not been used for the generation, storage or disposal of any Hazardous Substance and no Hazardous Substance has been spilled, disposed of, or stored on, under, or at the Property; and (iv) has never been used as a dump or landfill;

2.2.2 Compliance with Law. The Property is in material compliance with all applicable Laws and Environmental Laws;

17236.00123\40912136.1
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2.2.3 Leases. No leases, licenses, or other agreements allowing any third party rights to use the Property are or will be in force as of the Closing;

2.2.4 Litigation and Investigations. There is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Property, and Donor has received no notice, warning, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Laws or Environmental Laws, or informing DONOR that the Property is subject to investigation or inquiry regarding the violation of any Laws or Environmental Laws.

2.2.5 Condition of Property. There are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property;

2.2.6 Access to the Property. There is vehicular access to the Property either directly through a public right of way or through a recorded easement; and

2.2.7 No Insolvency Proceedings. DONOR has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of substantially all of its assets; or (v) admitted in writing its inability to pay its debts as they come due.

2.2.8 No Other Agreements, Undertakings or Tenancies. DONOR will not enter into any agreements or undertake any new obligations prior to Recordation Date which will in any way burden, encumber or otherwise affect the Property without the prior written consent of the RECIPIENT.

2.2.9 Disclosure. DONOR has disclosed to RECIPIENT all information, records, and studies in DONOR’s possession in connection with the Property, including any reports or studies concerning Hazardous Substances. All information that DONOR has delivered to RECIPIENT, either directly or through DONOR’s agents, is accurate and DONOR has disclosed all material facts concerning the operation, development, or condition of the Property.

DONOR shall promptly notify RECIPIENT, in writing, of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Recordation Date. If RECIPIENT reasonably concludes that a fact materially and adversely affects the Property, RECIPIENT shall have the option for a period of ten (10) days from the date of written notice from DONOR to terminate this Agreement by delivering written notice of cancellation to DONOR and Title Officer.

2.3 Indemnity. DONOR agrees to indemnify RECIPIENT and agrees to defend and hold RECIPIENT harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, reasonable attorneys’ fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reason of, or in any manner resulting from (i) the breach of any warranties and representations in Section 2.2, and (ii)

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all third-party claims for DONOR’s intentional acts or willful misconduct related to the Property occurring prior to the Recordation Date.

2.4 Definitions.

2.4.1 “Environmental Laws” means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.A. §§ 1801 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.A. §§ 136 et seq.]; the Clean Air Act (CAA) [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 U.S.C.A. §§ 300f et seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA or EPCRTKA) [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 U.S.C.A. §§ 655, 657]; the California laws regarding the underground storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account Act [H & S C §§ 25300 et seq.]; the California laws regarding hazardous waste control [H & S C §§ 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C §§ 25249.5 et seq.]; the Porter-Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.

2.4.2 “Hazardous Substances” includes without limitation:
(i) Those substances included within the definitions of “hazardous substance,” “hazardous waste,” “hazardous material,” “toxic substance,” “solid waste,” or “pollutant or contaminant” in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law;
(ii) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302];

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(iii) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (iv) Any material, waste, or substance that is: a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, a flammable explosive, or a radioactive material.

2.4.3 “Title Officer” means Chicago Title, Bakersfield, CA, Attn: Julie Webb.

3. Escrow. INTENTIONALLY DELETED

4. Feasibility Period and Obligations of RECIPIENT.

4.1 During the period commencing on the date of this Agreement and terminating on a date which is sixty (60) days from the date of this Agreement (“Feasibility Period”), RECIPIENT may undertake at RECIPIENT’s sole expense an inspection of the Property.

Said inspection may include: (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Substances, if any, and archeological information relating to the Property; and (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property. Within ten (10) days following the full execution of this Agreement by both parties, DONOR shall deliver to RECIPIENT copies of all architectural plans, surveys, specifications, and other documents pertaining to the physical, soils, geological, or environmental condition of the Property that are owned by or in the possession of DONOR.

4.2 If RECIPIENT’s environmental consultant requires additional time to determine the existence and extent of any Hazardous Substances on the Property, RECIPIENT shall have the right, exercisable by delivering written notice to Donor at least fifteen (15) days prior to the expiration of the Feasibility Period, to extend the Feasibility Period for up to an additional sixty (60) days to complete the testing.

4.3 If RECIPIENT disapproves of the results of the inspection and review or the results of any Phase I Environmental Report, RECIPIENT may elect, prior to the last day of the Feasibility Period (or any extension thereof), to terminate this Agreement by giving DONOR written notification prior to the last day of the Feasibility Period (or any extension thereof). If RECIPIENT fails to properly notify DONOR of the intent to terminate this Agreement, RECIPIENT shall be deemed to be satisfied with the results of the inspection and shall be deemed to have waived the right to terminate this Agreement pursuant to this provision.

4.4 RECIPIENT shall undertake at its sole cost to process a specific plan amendment to revise the Gossamer Grove Specific Plan so as to allow 12 additional residential lots adjacent to the Property to be developed in the Specific Plan (the “SP Approval”). The DONOR shall be responsible for the compliance with the Subdivision Map Act for the 12 residential lots.

5. Access.

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5.1 Access to the Property during the Feasibility Period shall be given to RECIPIENT, its agents, employees, or contractors during normal business hours upon at least one (1) Business Days’ notice to DONOR, at RECIPIENT’s own cost and risk, for the purposes described in section 4.1 above, including, but not limited to, inspecting the Property, taking samples of the soil, and conducting an environmental audit (including an investigation of past and current uses of the Property). RECIPIENT shall indemnify and defend DONOR against and hold DONOR harmless from all losses, costs, damages, liabilities, expenses, or other injury including, without limitation, reasonable attorney fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reason of, or in any manner arising out of RECIPIENT’s entry onto the Property or any activity thereon by RECIPIENT or its agents, employees, or contractors prior to the Recordation Date except to the extent any such losses, costs, damages, liabilities, and expenses arise out of the gross negligence or willful acts of DONOR. Any entry onto the Property by RECIPIENT or its agents, employees, or contractors shall be at reasonable times. The provisions of this Section shall survive the Recordation Date.

Notwithstanding anything herein to the contrary, RECIPIENT and DONOR agree that RECIPIENT shall not incur any liability hereunder merely by the discovery of an “Existing Adverse Condition” (as defined below) regardless of whether such Existing Adverse Condition, once revealed, negatively impacts the value of the Property or otherwise causes DONOR to incur liabilities, costs or expenses. The term “Existing Adverse Condition” shall mean an adverse condition existing on or with respect to the Property that is discovered or revealed by RECIPIENT in the course of its Property inspection hereunder.

5.2 In addition to the provisions of Section 4.1, RECIPIENT and its agents, employees, or contractors shall have the right, from the date of this Agreement until the Recordation Date, to contact any federal, state, or local governmental authority or agency to investigate any matters relating to the Property. DONOR agrees to cooperate reasonably with RECIPIENT and its agents, employees, or contractors in the inspection of the Property and agrees to deliver to RECIPIENT all information in DONOR’s possession or control pertaining to the condition of the Property, including engineering and environmental reports, studies, tests, monitoring results, and related documentation.

6. Title.

6.1 Immediately following the execution of this Agreement by both Parties, RECIPIENT shall cause Title Officer to issue to RECIPIENT (with a copy to DONOR) a preliminary report for an ALTA Standard Policy of Title Insurance, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting DONOR’s title to the Property (“Preliminary Report”), together with copies of all documents relating to title exceptions referred to in the Preliminary Report.

6.2 Following the full execution of this Agreement by both Parties, and within 30 after receipt of the Preliminary Report, RECIPIENT may cause a survey and/or an ALTA Survey of the Property to be prepared by a registered surveyor or professional engineer (“Survey”).

DONOR agrees to deliver to RECIPIENT, promptly following the full execution and delivery of this Agreement, copies of any survey of the Property in the possession of DONOR.

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6.3 RECIPIENT shall approve or disapprove, in writing to DONOR with a copy to Title Officer, each exception shown on the Preliminary Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property or that violates any law, rule, or regulation reflected on the Survey (each an “Exception”) within twenty (20) Business Days following the receipt of the Preliminary Report or the Survey, whichever is later. RECIPIENT’s failure to object within the twenty (20) day period shall be deemed to be a disapproval of the Exceptions. The Exceptions approved by RECIPIENT hereunder shall be referred to as the “Approved Exceptions.”

6.4 If any Exception is disapproved or deemed disapproved (each a “Disapproved Exception”), DONOR shall have the right, but not the obligation, within thirty (30) days following expiration of the twenty (20) day period provided under Section 6.3 above, to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, and in a form that is reasonably satisfactory to RECIPIENT and Title Officer, all at DONOR’s sole cost and expense.

7. [INTENTIONALLY DELETED]

8. Closing and Recordation Date.

8.1 Title. Simultaneously with the Recordation Date, Title Officer shall issue an ALTA Standard Policy of Title Insurance (formerly referred to as a CLTA Title Policy) (“Title Policy”) in the amount of $1,000,000, subject only to (i) liens for real property taxes, bonds, and assessments not then due, and (ii) the Approved Exceptions.

8.2 Donor’s Deposits. DONOR shall deposit with Title Officer on or prior to the Recordation Date a grant deed in the form attached hereto as Exhibit “B” executed and acknowledged by DONOR, conveying to RECIPIENT good and marketable fee simple title to the Property, subject only to the Approved Exceptions (“Deed”).

8.3 RECIPIENT’s Deposits. An executed Certificate of Acceptance for the Deed.

8.4 Recordation Date. The conveyance of the Property to RECIPIENT and the closing of this transaction (“Closing”) shall take place within one hundred twenty (120) days (“Recordation Date”) following the execution of this Agreement.

8.5 Closing Statements. Intentionally Deleted.

8.6 Closing Instructions. On the Recordation Date (or any extension thereof), Title Officer shall do the following:
(i) record the Deed (marked for return to RECIPIENT) with the Kern County Recorder;
(ii) issue the Title Policy;

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(iii) If Title Officer is unable to simultaneously perform all of the instructions set forth above, Title Officer shall notify RECIPIENT and DONOR and retain all funds and documents pending receipt of further instructions jointly issued by RECIPIENT and DONOR.

8.7 Closing Costs and Prorations. RECIPIENT shall pay the following closing costs and prorations through the Recordation Date:
(i) All governmental conveyancing fees and taxes due upon transfer of the Property, except that no documentary transfer tax will be payable with respect to this transaction, pursuant to Revenue and Taxation Code Section 11922; (ii) The recording charges in connection with recordation of the Deed;
(iii) All charges in connection with issuance of the Title Policy in the amount of $350,000;
(iv) All costs associated by environmental reports, including the Phase I Environmental Site Assessment Report, and any further testing and reports which may be reasonably necessary as a result of such report;
(v) All charges related to any survey undertaken in connection with an ALTA Extended Policy of Title Insurance;
(vi) All charges in connection with removing any Disapproved Exceptions pursuant to Section 6.4 and to cure any defect in vesting in order to satisfy the condition set forth in Section 9(v).
(vii) All fees and charges levied by Title Officer.

8.8 Real Estate Taxes, Bonds, and Assessments. DONOR shall pay real property taxes to the Kern County Tax Assessor’s office prior to the Recordation Date based on the most current real property tax bill available, including any additional property taxes that may be assessed after the Recordation Date, regardless of when notice of those taxes is received or who receives the notice. DONOR may seek reimbursement from the Kern County Tax Assessor’s office for any property taxes that have been assessed for a period after the Recordation Date as RECIPIENT is a public agency exempt from payment of such taxes. RECIPIENT further agrees to cooperate with DONOR to provide any necessary information to the Assessor’s office in connection with such request for refund. All installments of any bond or assessment that constitutes a lien on the Property at the Recordation Date shall be paid by DONOR.

8.9 Possession. Possession of the Property shall be delivered to RECIPIENT at the Recordation Date.

9. Acceptance. The acceptance of the Property by RECIPIENT and the Recordation Date (as defined in Section 8) are subject to the satisfaction of the following no later than the Recordation Date:

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(i) RECIPIENT’s approval of the condition of the Property and SP Approval as provided in Section 4 and title to the Property as provided in Section 6. In addition, DONOR shall remove any debris or trash from the Property prior to the Recordation Date; (ii) The representations and warranties of DONOR set forth in Section 2.2 shall be true and accurate as of the Recordation Date; (iii) DONOR’s performance of all obligations under this Agreement;
(iv) No adverse material change shall have occurred with respect to the condition of the Property from the end of the Feasibility Period through the Recordation Date; and
(v) Title Officer being prepared to issue the Title Policy on the Recordation Date, subject only to the Approved Exceptions.

10. [INTENTIONALLY DELETED]

11. [INTENTIONALLY DELETED]

12. This Agreement may be terminated by RECIPIENT upon three (3) days written notice to DONOR and Title Officer if the conditions to closing set forth in Section 9 have not been fulfilled on or before the Recordation Date. Upon termination by RECIPIENT pursuant to this Section 12, DONOR shall be responsible for all costs and expenses of Title Officer.

13. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, or (ii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows:

To RECIPIENT:

City of Shafter
36 Pacific Avenue
Shafter, CA 93263
Attn: City Manager
To DONOR:

Lennar Homes of California, LLC
8080 N. Palm Avenue, Suite 110
Fresno, CA 93711
Attn: Mike Miller
until such time as a party gives notice of the change of address in accordance with the terms of this

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section.

14. This Agreement shall not be changed, modified or amended except upon the written consent of the Parties hereto.

15. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. The provisions of this Agreement and such other documents or certificates shall not be construed in favor of or against either Party, but shall be construed as if both Parties equally prepared this Agreement.

16. DONOR, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the parties thereto shall be jointly and severally liable thereunder.

17. This Agreement is not binding until executed by the City Manager of the RECIPIENT.

18. Notwithstanding any other provision of this Agreement or any other agreement between any of the Parties hereto, once the Property is conveyed to and accepted by the RECIPIENT, the RECIPIENT shall have no obligation to return the Property to the DONOR under any circumstances, except in the sole and exclusive discretion of the RECIPIENT.

19. RECIPIENT agrees to cooperate with DONOR to acknowledge receipt of the donation of the Property by signing Internal Revenue Form 8283 (Non-Cash Charitable Contributions) before the Recordation Date and any other tax-related forms or documents reasonably requested by DONOR and to return any such forms to DONOR within thirty (30) Business Days after RECIPIENT’s receipt of such forms from DONOR. Notwithstanding the foregoing, RECIPIENT makes no representation or warranty to DONOR regarding the tax attributes of this transaction, nor shall RECIPIENT endorse or otherwise acknowledge any valuation of the Property for tax purposes, it being understood that the DONOR has obtained its own appraisals and tax advice for such purposes.

20. Except as otherwise expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any Party to this Agreement or give any third person any right of subrogation or action over or against any Party to this Agreement.

21. Time is of the essence of each and every provision of this Agreement. Unless Business Days (whether or not capitalized) are expressly provided for, all references to “days” herein shall refer to consecutive calendar days. If the Closing Date, Feasibility Period, or any other date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, State or legal holiday, then such date shall automatically be extended to the next day which is not a Saturday, Sunday or Federal, State or legal holiday.

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22. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. [signature page follows]

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SIGNATURE PAGE FOR THE DONATION AGREEMENT BETWEEN
_______________________ AND ______________________.

IN THE WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly-authorized representatives on the date and year set forth below.

DONOR:

CITY OF SHAFTER
By: _________________________________
Name: ______________________________
Its: _________________________________
Date:

RECIPIENT:

LENNAR HOMES OF CALIFORNIA,
LLC, a California limited liability company
By: _________________________________
Name: ______________________________
Its: _________________________________
Date:

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EXHIBIT “A”

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17236.00123\40912136.1
EXHIBIT “B”

FORM OF GRANT DEED

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
APNs:

Grant Deed
The undersigned Grantor(s) declare(s): Town of Colma is exempt from property taxes. (Rev & Tax Code 11922)
Documentary transfer tax is $___-0-____.

Computed on full value of property conveyed, or
Computed on full value less value of liens and encumbrances remaining at time of sale.

Unincorporated area City of ___________, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to
the following described real property in the ________, County of _______, State of California:

SEE ATTACHED EXHIBIT A.

Dated: _______________, 20___ ___________________________________ By: Exhibit Only – Do not Execute
___________________ (Name)
___________________ (Title)

17236.00123\40912136.1

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)

17236.00123\40912136.1

CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Grant Deed dated __________________, 2022, from _________________________, as Grantor thereunder, to ________________________________________, as Grantee thereunder, is hereby accepted by the undersigned officer on behalf of ________________________, a California municipal corporation, pursuant to the authority conferred by Resolution No. ___________, adopted by ______________________ on _____________, 20__, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated: _________________, 20___ ____________________________ By Exhibit Only – Do not Execute
_________________ (Name)
_________________ (Title)

17236.00123\40912136.1

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)

17236.00123\40912136.1
EXHIBIT “A”
Property Description

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: CERTIFICATION OF ELECTION NOVEMBER 8, 2022

RECOMMENDATION
Council adopt Resolution 2899, a Resolution of the City Council of the City of Shafter, California, Reciting the Fact of the General Municipal Election held on November 8, 2020, Declaring the Result and Such Other Matters as Provided by Law.

BACKGROUND
The Kern County Elections Department has made available the Statement of Votes Cast during the General Election held November 8, 2022. Attached for Council consideration is a Resolution reciting the fact of the election held on November 8, 2022, declaring the result and such other matters as provided by law.

ANALYSIS
None.

FISCAL IMPACT
None.

CEQA ANALYSIS
None.

APPROVED BY THE CITY ATTORNEY

ALTERNATIVES
None.

NEXT STEPS
None.

ATTACHMENTS

1. Resolution 2899-22 Election Results 2022

RESOLUTION NO. 2899

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER

MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Shafter, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 2872 dated June 7, 2022, the Kern County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes (ballots) cast in the City was 5,016.

SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:

Gustavo Olvera Jr.

Cathy L. Prout
Rafael S. Zamudio
Cesar Lopez
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.

SECTION 4. The City Council does declare and determine that Gustavo Olvera Jr. was elected as Member of the City Council for the full term of four years, and Cathy L. Prout was elected as Member of the City Council for the full term of four years.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person, (5) The total number of votes given to each person.

Shafter City Council Resolution 2899
December 20, 2022

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED THIS 20th DAY OF DECEMBER, 2022.
_________________________________
Cathy L. Prout, Mayor
ATTEST:
_________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
__________________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution 2899
December 20, 2022

EXHIBIT A

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: COUNCIL MEMBER OATH OF OFFICE

RECOMMENDATION
Clerk Administer the Oath of Office to Council Member Gustavo Olvera, Jr. and Cathy L. Prout.

BACKGROUND
Clerk Administer the Oath of Office to Council Member Gustavo Olvera, Jr. and Cathy L. Prout.

ANALYSIS
None.

FISCAL IMPACT
None.

CEQA ANALYSIS
None.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
None.

NEXT STEPS
None.

ATTACHMENTS
None

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: REORGANIZATION AND APPOINTMENTS TO VARIOUS
BOARDS

RECOMMENDATION
Each Board make nominations and appointments.

BACKGROUND

1. City Council
a. Mayor (Nominations made to the City Manager)
b. Mayor Pro Tem (Nominations made to the Mayor)

2. Kern Council of Governments(Mayor ask for volunteers and make appointment) a. Board Member (Appointment)
b. First Alternate (Appointment)
c. Second Alternate (Appointment)

3. San Joaquin Valley Air Pollution Control District City Selection Committee(Mayor ask for volunteers and make appointment) a. Board Member (Appointment)
b. First Alternate (Appointment)
c. Second Alternate (Appointment)

ANALYSIS
None.

FISCAL IMPACT
None.

CEQA ANALYSIS

REORGANIZATION AND APPOINTMENTS TO VARIOUS BOARDS
- 2 -
None.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
None.

NEXT STEPS
None.

ATTACHMENTS
None