Agenda packet — Shafter City Council, September 5, 2023 (part 2 of 3)

* Weighted by: Base Market Value + Accrued. * Holdings Displayed by: Lot.

Security Type Description Identifier Trade Date Final Maturity Yield to Maturity Base Current Units Base Original Cost Market Price
Base Market Value Base Accrued
Balance
Base Market Value +
Accrued

MUNI SANTA ROSA CALIF REGL RES AUTH
REV
802629AY1 03/04/2020 08/01/2023 2.592 925,000.00 972,933.50 100.0000 925,000.00 12,140.63 937,140.63 CD Signature Federal Credit Union 82671DAC1 06/01/2023 06/08/2026 4.800 249,000.00 249,000.00 100.0000 249,000.00 818.63 249,818.63CD State Bank of India - Chicago Branch 856283U87 10/15/2021 10/19/2026 1.100 249,000.00 249,000.00 100.0000 249,000.00 780.43 249,780.43CORP STATE STREET CORP 857477AN3 03/04/2020 12/16/2024 5.738 1,000,000.00 1,089,920.00 96.8156 968,156.00 4,125.00 972,281.00CD Synchrony Bank 87164WD47 10/01/2021 10/08/2026 1.000 249,000.00 249,000.00 100.0000 249,000.00 795.42 249,795.42CD Technology Credit Union 87868YAM5 04/04/2023 04/14/2026 5.000 246,000.00 246,000.00 100.0000 246,000.00 1,044.66 247,044.66CD Texas Exchange Bank 88241TLZ1 10/01/2021 11/14/2025 0.850 249,000.00 249,000.00 100.0000 249,000.00 139.17 249,139.17CD The Bankers Bank 06610QEX5 01/27/2023 02/10/2028 4.600 249,000.00 249,000.00 100.0000 249,000.00 690.38 249,690.38CD The Idabel National Bank 451088BB3 08/12/2022 08/19/2027 3.299 246,000.00 246,000.00 100.0000 246,000.00 3,625.30 249,625.30CD Third Federal Savings & Loan Association of Clevel
88413QDN5 08/12/2022 08/19/2027 3.299 248,000.00 248,000.00 100.0000 248,000.00 3,654.77 251,654.77 CD Thread Bank 88553LAS8 06/27/2023 06/30/2028 5.350 249,000.00 249,000.00 100.0000 249,000.00 72.99 249,072.99CD Toyota Financial Savings Bank 89235MLU3 10/12/2021 10/14/2026 1.050 249,000.00 249,000.00 100.0000 249,000.00 780.77 249,780.77CD UBS Bank USA 90348JT91 10/06/2021 10/06/2026 1.000 249,000.00 249,000.00 100.0000 249,000.00 177.37 249,177.37CD United Heritage Credit Union 91334AAE3 11/01/2022 11/04/2025 4.750 249,000.00 249,000.00 100.0000 249,000.00 32.40 249,032.40US GOV UNITED STATES TREASURY 912833PA2 09/24/2021 08/15/2026 4.499 1,000,000.00 956,170.00 87.3438 873,437.50 0.00 873,437.50US GOV UNITED STATES TREASURY 912833LT5 09/24/2021 11/15/2024 5.189 2,000,000.00 1,967,720.00 93.6016 1,872,031.24 0.00 1,872,031.24US GOV UNITED STATES TREASURY 912833LZ1 10/19/2021 05/15/2026 4.555 900,000.00 858,717.00 88.1875 793,687.50 0.00 793,687.50US GOV UNITED STATES TREASURY 91282CAT8 11/09/2021 10/31/2025 4.783 1,000,000.00 976,612.00 90.4375 904,375.00 631.79 905,006.79US GOV UNITED STATES TREASURY 91282CDD0 02/04/2022 10/31/2023 5.374 1,000,000.00 987,146.00 98.7656 987,656.25 947.69 988,603.94US GOV UNITED STATES TREASURY 91282CEK3 06/10/2022 04/30/2024 5.446 1,000,000.00 992,714.00 97.8594 978,593.75 6,317.93 984,911.68T-BILL UNITED STATES TREASURY 912796CS6 03/31/2023 09/28/2023 5.358 6,138,000.00 5,999,884.63 99.1437 6,085,439.94 0.00 6,085,439.94US GOV UNITED STATES TREASURY 91282CEF4 06/01/2023 03/31/2027 4.362 1,000,000.00 956,129.00 93.7500 937,500.00 8,401.64 945,901.64CORP US BANCORP 91159HHV5 02/06/2019 02/05/2024 5.923 1,000,000.00 1,010,170.00 98.7350 987,350.00 16,500.00 1,003,850.00CD USAlliance Federal Credit Union 90352RCB9 12/21/2021 12/30/2024 1.000 249,000.00 249,000.00 100.0000 249,000.00 211.48 249,211.48CD Valley Strong Credit Union 920133AK1 12/20/2022 06/23/2025 4.800 249,000.00 249,000.00 100.0000 249,000.00 294.71 249,294.71CD VyStar Credit Union 92891CCE0 12/10/2018 12/11/2023 3.650 249,000.00 249,000.00 100.0000 249,000.00 24.90 249,024.90CD Washington State Bank 93974LAC4 10/15/2021 10/19/2026 0.850 249,000.00 249,000.00 100.0000 249,000.00 75.38 249,075.38CD WebBank 947547NN1 11/09/2021 11/29/2024 0.750 249,000.00 249,000.00 100.0000 249,000.00 327.45 249,327.45CD Wells Fargo Bank, National Association 9497633K0 11/01/2022 11/04/2024 4.650 249,000.00 249,000.00 100.0000 249,000.00 888.21 249,888.21CD WeStreet Federal Credit Union 961442AC4 11/01/2022 11/18/2025 4.950 249,000.00 249,000.00 100.0000 249,000.00 472.76 249,472.76--- --- --- --- 08/09/2025 4.883 91,751,962.54 91,561,399.69 96.0778 87,974,457.35 518,316.01 88,492,773.36 Investment Portfolio Detail - TR City - US Bank - Safekeeping (83145)Base Currency: USD As of 07/31/2023 Return to Table of Contents Dated: 08/18/2023 12

Page 153 of 469 ends

Compliance Summary
Policies: .Rules: .* Compliance Status as of previous business day.

Compliant Account Policy Name Total Rules Compliant Rules Violating Rules Investment Policy Compliance Summary - TR City - US Bank - Safekeeping (83145)As of 07/31/2023 Return to Table of Contents Dated: 08/18/2023 13

Page 154 of 469 ends

Rules: .

Contributors: .* Viewing Violators Only.* Compliance Status as of previous business day.

Investment Policy Voilations - TR City - US Bank - Safekeeping (83145)As of 07/31/2023 Return to Table of Contents Dated: 08/18/2023 14

Page 155 of 469 ends

Description Identifier Security Type Effective Date Agency Old Value New Value Event Type Pacific Western Bank 69506YVX4 CD 07/31/2023 Fitch Negative Developing Watch ChangedUS BANCORP 91159HHV5 CORP 07/19/2023 DBRS Stable Negative Outlook ChangedUNITED STATES TREASURY 912796CS6 T-BILL 07/28/2023 DBRS Off Stable Outlook ChangedUNITED STATES TREASURY 912796CS6 T-BILL 07/28/2023 DBRS Negative Off Watch ChangedUNITED STATES TREASURY 91282CEF4 US GOV 07/28/2023 DBRS Off Stable Outlook ChangedUNITED STATES TREASURY 91282CEF4 US GOV 07/28/2023 DBRS Negative Off Watch ChangedUNITED STATES TREASURY 91282CEK3 US GOV 07/28/2023 DBRS Off Stable Outlook ChangedUNITED STATES TREASURY 91282CEK3 US GOV 07/28/2023 DBRS Negative Off Watch Changed Credit Events - TR City - US Bank - Safekeeping (83145)Base Currency: USD 07/01/2023 - 07/31/2023 Return to Table of Contents Dated: 08/18/2023 15

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AUTHORIZATION OF RELEASE FOR BID - STRINGHAM PARK

SITE AMENITIES IMPROVEMENT PROJECT (CIP PROJECT
PK00007)

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve construction plans and specifications for the Stringham Park Site Amenities Improvement Project; and authorize the release of said project for formal bid procedures.

BACKGROUND
In 2022, the City was awarded a Clean California grant to fund multiple park and recreation site upgrades within the Core City. The work is valued at approximately $5.3 million, $4.6 million of which is grant-funded. One project covers amenities and enhancements at Stringham Park, including a new on-site parking lot to serve the park and existing transit stop off James Street, a new irrigation system, new landscaping and additional trees, new playground equipment, a new shade structure, and lighting additions. Construction plans and contract documents are being prepared so the project can be released for bidding.

ANALYSIS
A preliminary estimate for construction costs is $750,000, requiring the Council to authorize formal bid procedures once staff approves the project plans and contract documents are officially complete and approved by staff. Bidding can commence in early September and be completed by late October.

FISCAL IMPACT
Capital Improvement Program Project PK00007 has $750,000 in funding programmed this fiscal year for the construction of the planned improvements at Stringham Park, which includes State grant funds and required local matching. The fiscal impact of actual construction costs with possible budget action will be presented to the Council after opening bids. No budget action is required at this time.

CEQA ANALYSIS

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AUTHORIZATION OF RELEASE FOR BID - STRINGHAM PARK SITE AMENITIES IMPROVEMENT PROJECT (CIP PROJECT PK00007)
- 2 -
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is an authorization for a release for bid and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
There are no viable alternatives to the requested action. State and local bid requirements dictate formal bid procedures for a project of this value. Clean California funding committed to this project cannot be used for other purposes or projects not listed in the grant funding agreement. Finally, not completing the project could jeopardize the additional Clean California funding committed to other projects. All projects were packaged for a competitive grant application process and scored based on all the application components.

NEXT STEPS
Staff will commence formal bidding procedures and return to the City Council at a later meeting with the results and a request to award the project for construction.

ATTACHMENTS

1. Stringham Park Amenities

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TC
E
E
D
S
E
D H Y
W E
S
VAN

VAN EV EV EV

NO PARKING NO PARKING

NO PARKING

NO PARKING
NO PARKING CAD FILE: SCALE SHEET DESCRIPTION: REV. DATE REV. DESCRIPTION REVISIONS BY DRAFTER: Date SHT. OF DESIGNED BY: CHECKED BY: PROJECT MANAGER: PROJECT NUMBER: ENGINEERING, INC. 6205 District Blvd. Bakersfield, CA. 93313

I GER TS RE
DE

PROFESS IONAL ENGINEER
STAT E
OF
CA
L I FORN AI GREGORY O'NEAL BLACK C-53952 VI C
LI 08/09/2023 MAS GOB GOB 40917 08/09/2023
- - - - 40917_Shafter Stringham Park_GRD MAS AS SHOWN BID ISSUED FOR

BASIS OF BEARING
CALIFORNIA STATE PLANE COORDINATES, NORTH AMERICAN DATUM OF 1983, ZONE 5, WAS USED AS THE BASIS OF BEARINGS AS SHOWN HEREON.

BASIS OF ELEVATION
THE NORTH AMERICAN VERTICAL DATUM OF 1988 WAS USED AS THE BASIS OF ELEVATIONS AS SHOWN HEREON.

POINT OF ORIGIN
DESIGNATION BUTTONWILLCS2005 CORS ARP
CORS_ID P563
PID DM7566

STATE/COUNTY CA/KERN

COUNTRY US
USGS QUAD BUTTONWILLOW (2018)
EPOCH: 2010.00
GEOID: G18
N: 2341686.43
E: 6138227.58
EL: 300.80

LOCAL BENCHMARK

SCRIBED X IN TOP OF CURB
KSIE POINT #: 1
N: 2370820.02
E: 6182546.43
ELEV: 343.60
℄ JAMES ST
℄ E LERDO HWY

KEY MAP
SCALE: 1"=40'

GENERAL CIVIL IMPROVEMENT NOTES

1. ALL CONSTRUCTION WORK SHALL BE PREFORMED IN ACCORDANCE WITH CITY OF SHAFTER STANDARDS, THE RECOMMENDATIONS CONTAINED IN THE PRELIMINARY GEOTECHNICAL REPORT PREPARED BY SOILS ENGINEERING, INC., PROJECT NO. 22-18536 DATED JANUARY 6, 2023, 2022 CALIFORNIA BUILDING CODE, AND AS DIRECTED BY THE CITY ENGINEER, AND NOTES INCLUDED HEREON.

2. PRIOR TO THE START OF ANY PHASE OF CONSTRUCTION, THE OFFICE OF THE CITY ENGINEER SHALL BE GIVEN AT LEAST 24 HOURS NOTICE. PHONE (661) 746-5002

3. CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS BEFORE START OF CONSTRUCTION. A CITY ENCROACHMENT PERMIT SHALL BE OBTAINED FROM THE OFFICE OF CITY ENGINEER FOR ALL WORK TO BE PERFORMED IN THE CITY RIGHT-OF-WAY.

4. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS: THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY,

REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXPECTING FOR LIABILITY ARISING FORM THE SOLE NEGLIGENCE OF THE OWNER, DESIGN ENGINEER, AND/OR CITY OF SHAFTER.

5. IF THE CONTRACTOR IS IN DOUBT AS TO THE MEANING OF ANY PART OF THE PLAN AND SPECIFICATIONS, OR FINDS DISCREPANCIES IN, OR OMISSIONS FROM THE

DRAWING, HE SHALL SUBMIT A WRITTEN REQUEST FOR AN INTERPRETATION, OR A CORRECTION THEREOF PRIOR TO FILING HIS BID FOR THE PROJECT TO THE DESIGN ENGINEER.

6. SHOULD ANY CULTURAL MATERIALS BE DISCOVERED DURING ANY GRADING OR DEVELOPMENT, ALL WORK SHALL BE HALTED AND A QUALIFIED

ARCHAEOLOGIST/HISTORIAN SHALL BE CONTACTED TO ASSESS THE FINDS AND IMPOSE MITIGATION MEASURES, IF NECESSARY, PRIOR TO THE RESUMPTION OF CONSTRUCTION.

7. IF, DURING GRADING OR CONSTRUCTION, ANY PLUGGED, ABANDONED, OR UNRECORDED WELLS ARE UNCOVERED OR DAMAGED, THE DEPARTMENT ON CONSERVATION/DIVISION OF OIL, GAS, AND GEOTHERMAL RESOURCES SHALL BE CONTACTED TO INSPECT AND APPROVE ANY REMEDIATION REQUIRED.

8. THE CONTRACTOR SHALL REMOVE AND/OR RELOCATE ALL OBSTRUCTIONS WITHIN THE STREET RIGHT OF WAY AS DIRECTED BY THE CITY ENGINEER AND/OR CALTRANS.

9. THE LOCATIONS OF EXISTING UTILITIES AND UNDERGROUND PIPELINES SHOWN ON THESE PLANS ARE APPROXIMATELY ONLY . THE CONTRACTOR IS HEREBY NOTIFIED THAT ALL EXISTING BURIED UTILITIES MAY OR MAY NOT BE SHOWN. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES AND UNDERGROUND PIPELINES BEFORE COMMENCING WORK. CONTRACTOR ASSUMES ALL LIABILITY FOR ANY AND ALL DAMAGES TO EXISTING UTILITIES OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE, PRESERVE, AND PROTECT ANY AND ALL UNDERGROUND UTILITIES AND PIPELINES.

10. CONTRACTOR SHALL RESTORE CONSTRUCTION LIMITS TO ORIGINAL OR BETTER CONDITION TO ENSURE PROPER DRAINAGE.

11. CONTRACTOR SHALL USE CARE WHEN WORKING ADJACENT TO PRIVATE PROPERTY TO NOT DAMAGE GRASS, TRESS, SHRUBS, ETC. OUTSIDE OF THE IMMEDIATE WORKING AREA. ALL ITEMS DAMAGED OR REMOVED BY THE CONTRACTOR AS A RESULT OF CONSTRUCTION PROCEDURES SHALL BE REPLACED WITH LIKE MATERIALS AT THE EXPENSE OF CONTRACTOR.

12. OPERATIONS ALONG HIGHWAYS OR PUBLIC STREETS SHALL BE PERFORMED IN SUCH A MANNER THAT ALL EXCAVATED MATERIALS BE KEPT OFF THE PAVEMENT AT ALL TIMES, AS WELL AS OPERATING EQUIPMENT.

13. CONTRACTOR SHALL SAWCUT ALL PAVED SURFACES ENCOUNTERED, UNLESS SHOWN OTHERWISE.

14. CONTRACTOR SHALL REMOVE AND DISPOSE OF ALL SURPLUS RECLAIMED ASPHALT PAVEMENT (R.A.P.) NOT INCORPORATED INTO THE PROJECT.

15. NO BUILDING PERMITS SHALL BE ISSUED UNTIL ADEQUATE ACCESS AND ADEQUATE WATER SUPPLY FOR FIRE PROTECTION PURPOSES IS PROVIDED, AS APPROVED BY THE KERN COUNTY FIRE DEPARTMENT.

16. KSI ENGINEERING INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED CHANGES TO, OR USES OF, THESE PLANS.

17. IN THE EVENT CONSTRUCTION STAKING BASED ON CONSULTANT'S PLANS, DRAWINGS OR OTHER DOCUMENTS IS ACCOMPLISHED BY OTHER THAN THE

CONSULTANT, CLIENT AGREES TO HOLD CONSULTANT HARMLESS AND RELEASE CONSULTANT FROM ALL LIABILITY ARISING FORM THE SAID PLANS, DRAWINGS OR OTHER DOCUMENTS.

18. IF A PROBLEM SHOULD ARISE DURING THE COURSE OF CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ENGINEER IMMEDIATELY PRIOR TO ANY FURTHER WORK.

19. THE DESIGN ENGINEER SHALL EXERCISE SUFFICIENT SUPERVISORY CONTROL DURING GRADING OPERATIONS TO INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN HIS PURVIEW.

20. COMPACTION TESTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER/SUBDIVIDER/CONTRACTOR. THE NUMBER AND LOCATION OF REQUIRED TESTS SHALL BE DETERMINED BY THE CITY ENGINEER.

21. CONTRACTOR SHALL CALL UNDERGROUND SERVICE ALERT (USA) AND THE CITY OF SHAFTER DEPARTMENT OF PUBLIC WORKS AT LEAST TWO (2) WORKING DAYS PRIOR TO THE START OF CONSTRUCTION TO MARK THE LOCATIONS OF EXISTING UTILITY LINES.

USA: (800)642-2444
CITY OF SHAFTER: (661)746-5002

22. SLOPE FROM BACK OF WALK TO RIGHT-OF-WAY SHALL BE 2% MAXIMUM, 1% MINIMUM. ON-SITE SHALL DRAIN AWAY FROM RIGHT-OF-WAY AT 1% MINIMUM, 50% MAXIMUM. SITE SHALL BE CONSTRUCTED IN A WAY TO PREVENT EROSION ONTO THE SIDEWALK AND ON-SITE DRAINAGE FROM ENTERING CENTRAL VALLEY HIGHWAY.

23. ANY ITEMS IN PUBLIC-RIGHT-OF-WAY THAT ARE DAMAGED OR DO NOT MEET CURRENT STANDARDS SET BY CITY PUBLIC WORKS OR CALTRANS WILL REQUIRE REPAIRING AND/OR UPGRADING PER EACH JURISDICTION'S REQUIREMENTS.

24. ANY TRENCHING CONDUCTED WITHIN THIS PROJECT SHALL BE BACKFILLED AND COMPACTED IN ACCORDANCE WITH THE CITY STANDARDS.

CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED

TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND

CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL.

UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING

THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL

CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE
APPROVED BY THE PREPARER OF THESE PLANS.

Know what's below. Call before you dig.

CONTRACTOR SHALL CONTACT 811 FOR LOCATION OF
ALL UTILITIES, AT LEAST 72 HOURS PRIOR TO

BEGINNING CONSTRUCTION
WARNING:

LOCATE ALL UNDERGROUND PIPING IN THE CONSTRUCTION AREA PRIOR TO THE COMMENCEMENT OF GRADING.

CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING LINES AND UTILITIES PRIOR TO COMMENCING CONSTRUCTION.

DAMAGE TO ANY FACILITIES, UNDERGROUND OR OTHERWISE, RESULTING

FROM THE CONTRACTOR'S OPERATIONS, DIRECTLY OR INDIRECTLY, SHALL

BE IMMEDIATELY REPAIRED BY HIM AT NO EXPENSE TO THE DISTRICT, OWNER, DESIGN ENGINEER, AND ENGINEER OF CITY OF SHAFTER.

DUST CONTROL NOTE FOR GRADING & BUILDING CONTRACTORS:

DUST CONTROL: IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PREVENT A DUST NUISANCE ORIGINATING FROM THE SITE OF WORK AS A RESULT OF HIS OPERATIONS DURING THE EFFECTIVE PERIOD OF THIS CONTRACT. PREVENTATIVE MEASURES TO BE TAKEN BY THE CONTRACTOR SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING;
A. WATER SHALL BE APPLIED TO ALL UNPAVED AREAS AS REQUIRED TO PREVENT THE SURFACE FROM BECOMING DRY ENOUGH TO PERMIT DUST FORMATION.

B. PAVED SURFACES OVER WHICH VEHICULAR TRAFFIC IS PERMITTED TO TRAVEL SHALL BE KEPT FREE OF DIRT.

DATE
GREGORY O'NEAL BLACK, C-53952
ENGINEER'S STATEMENT:

THESE PLANS AND SPECIFICATIONS WERE PREPARED BY ME OR UNDER MY DIRECTION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF

COMPLY WITH CITY OF SHAFTER ORDINANCES, STANDARDS, AND DESIGN CRITERIA, AND INCLUDE ALL IMPROVEMENT REQUIREMENTS OF THE ADVISORY AGENCY OR OTHER REVIEW BOARD.

ANY ERRORS, OMISSIONS OR OTHER VIOLATIONS OF THOSE ORDINANCES, STANDARDS OR DESIGN CRITERIA ENCOUNTERED DURING CONSTRUCTION SHALL BE CORRECTED AND SUCH CORRECTIONS REFLECTED ON CORRECTED PLANS SUBMITTED TO THE CITY ENGINEER.

CITY REVIEW NOTES:

THE DESIGN OF THE PROJECT AND THE ACCURACY OF FIGURES ARE THE RESPONSIBILITY OF THE DESIGN ENGINEER. THE DESIGN ENGINEER IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE PLANS. THE PLAN CHECK REVIEW BY THE CITY OF SHAFTER IS LIMITED TO COMPLIANCE TO ITS

ENGINEERING DESIGN STANDARDS, BUILDING CODE STANDARDS, APPROVED MATERIALS, SIZING OF FACILITIES AND EXTENT OF IMPROVEMENTS AS THEY RELATE TO THE PLANNING COMMISSIONS CONDITIONS OF APPROVAL, THE SHAFTER MUNICIPAL CODE, AND THE CITY OF SHAFTER GENERAL PLAN. 08/09/2023
KEVIN HARMON, RCE 54800 DATE

CITY ENGINEER, CITY OF SHAFTER
APPROVED BY:

IMPROVEMENT QUANTITIES

QUANTITY ITEM
2 EA. ACCESSIBLE PARKING SIGN
10 EA. DECORATED BOLLARDS
6 EA. LIT DECORATE BOLLARDS
3 EA. LIGHT POLE
3 EA. LIGHT POLE WITH RAISED FOUNDATION
1 EA. STOP SIGN
1 EA. STORM DRAIN INLET
311 L.F. 6" P.C.C. CURB & GUTTER
618 L.F. 6" P.C.C. CURB
38 L.F. 12" STORM DRAIN PIPE
67 L.F. SAWCUT
427 S.F. 6" THICK CONCRETE @ DRIVE APPROACH
872 S.F. CONCRETE PAVEMENT
1550 S.F. BARK PLAYGROUND SURFACING
1869 S.F. SIDEWALK
8320 S.F. LANDSCAPE AREA
30 S.F. TRUNCATED DOMES
257 C.Y. AGGREGATE BASE
249 TONS ASPHALT CONCRETE

E LERDO HWY
HWY 43 S SHAFTER AVE
SITE
NPDES NOTES:

THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING COMPLIANCE WITH ALL APPLICABLE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS FOR THIS SITE.

THE DISTURBED AREA IS LESS THAN 1-ACRE, SO A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NOR WDID IS REQUIRED.

STORM WATER BMPs SHALL BE INSTALLED AND MAINTAINED PER THE EROSION CONTROL PLAN INCLUDED HEREIN. REGISTERED PROFESS IONAL ENGINE ER

STAT E OF CAL I FORNI A

GREGORY O'NEAL BLACK
C-53952
CIVI L

VICINITY MAP
N.T.S.

THE ABOVE QUANTITIES ARE BASED ON GRADING LINES AND
ELEVATIONS SHOWN ON THE DRAWINGS.

ACTUAL QUANTITIES OF EARTHWORK MAY VARY FROM THAT

STATED ABOVE DEPENDING UPON VARYING SOIL DENSITIES AND

ON THE DEGREE OF SITE PREPARATION ACTUALLY REQUIRED IN THE FIELD.

EARTHWORK QUANTITIES:

DISTURBED AREA = ±0.66 ACRES
RAW CUT = 653 C.Y.

RAW FILL = 47 C.Y.

ADJUSTED CUT = 653 C.Y.

ADJUSTED FILL = (47)X1.33* = 62 C.Y.

NET EARTHWORK QUANTITIES = 591 C.Y. EXPORT
*(FILL WAS CALCULATED WITH A COMPACTION FACTOR OF 1.33)

JAMES ST

SHEET INDEX

SHEET DESCRIPTION
C-1.0 COVER SHEET AND NOTES
C-1.1 DEMOLITION PLAN
C-2.0 SITE PLAN
C-2.1 GRADING PLAN
C-3.0 DETAILS AND STANDARDS
C-4.0 EROSION CONTROL PLAN
C-4.1 BEST MANAGEMENT PRACTICES (BMPs)
C-5.0 SHADE STRUCTURE PLANS
C-5.1 PLAY GROUND STRUCTURES

Page 159 of 469 ends

CONSENT CALENDAR

CITY OF SHAFTER

CENTER POOL IMPROVEMENT PROJECT (CIP PROJECT
PF00002)

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve construction plans and specifications for the Shafter Aquatics Center Pool Improvement Project; and authorize the release of said project for formal bid procedures.

BACKGROUND
Last year, the City was awarded a Clean California grant to fund multiple park and recreation site upgrades within the Core City. The work is valued at approximately $5.3 million, $4.6 million of which is grant-funded. Approximately one-half of the grant project funding is focused on the rehabilitation of the Aquatics Center pools. As awarded, the project includes replacing and modernizing the pumping, heating, filtration system, and deck and replastering the competition and children's pools. The project's design was awarded to Aquatic Design Group, which previously prepared an assessment of the facility and recommended upgrades necessary to bring it into compliance with applicable standards and have it operate as efficiently as possible. Construction plans and contract documents are being prepared so the project can be released for bidding.

ANALYSIS
The estimated project value is over $2,000,000, requiring the Council to authorize formal bid procedures once staff approves the project plans and contract documents are officially complete and approved by staff. Bidding can commence in early September and be completed by early November.

FISCAL IMPACT
Capital Improvement Program Project PF00002 has $2,500,000 committed to this project, which is made up of Clean California grant and local matching funds. The fiscal impact of actual construction costs with possible budget action will be presented to the Council after opening bids. No budget action is required at this time.

CEQA ANALYSIS

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AUTHORIZATION OF RELEASE FOR BID - SHAFTER AQUATICS CENTER POOL IMPROVEMENT PROJECT (CIP PROJECT PF00002)
- 2 -
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a authorization for the release to bid for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other 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

NEXT STEPS
Staff will commence formal bidding procedures and return to the City Council at a later meeting with the results and a request to award the project for construction.

ATTACHMENTS

1. Shafter Aquatics Center Improvements

Page 161 of 469 ends

These drawings and specifications are
the property and copyright of Aquatic
Design Group, Inc. and shall not be
used on any other work except by
agreement with Aquatic Design Group,
Inc. Written dimensions shall take
preference over scaled dimensions and
shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc.
prior to the commencement of any work.

DRAWING TITLEDRAWING NO.

SEAL

DRAWN BY

CHECKED BY
DATE
NO. DATE DESCRIPTION
COPYRIGHT © 2023 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO.

REVISIONS

PROJECT INFORMATION
2023.017
MWB
GSF

SHAFTER AQUATIC CENTER

IMPROVEMENTS
269 POSO AVENUE
SHAFTER, CALIFORNIA 93263
06/23/2023
LOGO



3FT 0IN

NO RUNNING
3FT 0IN NO DIVING
3FT 0IN 2FT 0IN
3FT 0IN 2FT 0IN

NO RUNNING
1FT 6IN 1FT 6IN

DEMOLITIONPLAN
DP-1

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


NEW DECK
PLAN
DP-2
7'-0" 12'-0" 10'-8" 10'-8" 5'-4" 5'-4" 11'-6" 11'-5" 8'-0" 12'-0" 5'-1" 8'-0" 12'-0" 10'-0" 10'-0" 10'-0" 12'-0" 11'-3" 11'-3" 22'-6"
10'-6" 9'-6" 12'-10" 7'-0" 12'-0" 11'-0" 10'-0" 10'-0" 10'-0" 11'-0" 11'-0" 9'-4" 10'-6" 12'-0" 12'-0" 12'-0" 12'-6" 11'-6" 8'-0" 8'-0" 8'-2" 8'-2" 12'-0" 9'-4" 7'-0" 12'-0" 10'-8" 10'-8" 10'-8" 11'-6" 11'-5" 12'-7" 12'-6" 12'-6" 12'-6" 12'-7" 12'-5" 12'-0" 11'-3" 11'-0"

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LOGO

DECK DETAILS
DP-3

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LOGO

DECK DETAILS
DP-4

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LOGO

NEW SWIMMINGPOOL LAYOUT
SP-1
6'-7"
6'-7"
75'-1"
4'-0" 11'-0" 13'-1" 7'-6" 19'-6" 11'-0" 4'-0"
9'-5" 18'-9" 18'-9" 18'-9" 9'-5"
80'-4"
1'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 7'-2" 1'-8" 15'-0" 3'-6" 4'-0" 75'-1"
5'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 6'-0" 12'' 14''
80'-4"
1'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 3'-1" 5'-9" 15'-0" 3'-6" 4'-0" 5'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 5'-1" 30'-3"
6" 2'-0" 5'-0" 6" 1'-5" 5'-7" 1'-6" 11'-8" 5'-11" 6'-6" 4'-6" 10'-0" 5'-0" 5'-0" 10'-0" 1'-6"
2'-1"
8'-0" 37'-1" 30'-0"
5'-0"

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LOGO

SWIMMING

POOL SECTION
VIEWS
SP-2
80'-4"
1'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 2'-6" 3'-2" 15'-11" 9'-9" 75'-1"
31'-9" 5'-11" 9'-10" 18'-9" 8'-10"
75'-1"
9'-5" 31'-0" 6'-6" 18'-9" 9'-5"
2'-6" TYP.
3'-6" TYP.
3'-6" TYP.
3'-6" TYP.
2'-6" TYP.
2'-6" TYP.
2'-6" TYP.
4'-0" TYP.
4'-0" TYP.

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LOGO
NEW

CHILDREN'S

POOL LAYOUT
CP-1
50'-2"
30'-0"
4'-2" 5'-0" 4'-6" 5'-7" 8'-6" 4'-0" 4'-6" 4'-0"
50'-2"
7'-2" 4'-6" 5'-7" 8'-6" 4'-0" 8'-6" 4'-0"
14'' 12'' 12''
6'-0" 9'-0" 9'-0" 6'-0"
30'-0"
15'-0" 15'-0"
2'-5"
2'-5" 4'-0"
5'-6"
3'-6"

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LOGO

CHILDREN'S

POOL SECTION
VIEWS
CP-2
1'-0" TYP.
3'-0"
50'-2"
4'-0" 4'-0" 8'-6" 8'-6" 8'-0" 17'-2"
12''12'' 14''
18''
1'-6" TYP.
30'-0"
15'-0" 15'-0"

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POOL DETAILS
CP-3

WALL OR FLOOR INSTALLATION
Floor- 816 GPM / Wall- 712 GPM

SUBMERGED SUCTION OUTLET
VGB 2008 ASME A112.19.8a-2008

FOR MULTIPLE DRAIN USE ONLY
LIFE: 10 YEARS Lawson Aquatics #MLD-FGD or SG-1818-
DANGER: HAZARDOUS SUCTION READ AND FOLLOW INSTRUCTIONS FOR PROPER INSTALLATION. FAILURE TO MAINTAIN CAN RESULT IN SEVERE INJURY OR DEATH.

NSFR

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POOL DETAILS
CP-4
14'' 12'' 12''
4'-0''
1'-6''

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IMPROVEMENTS
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LOGO

POOL DETAILS
CP-5

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SHAFTER AQUATIC CENTER

IMPROVEMENTS
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LOGO

POOL DETAILS
CP-6

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LOGO

POOL DETAILS
CP-7

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IMPROVEMENTS
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LOGO

POOL DETAILS
CP-8

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POOL DETAILS
CP-9

Page 176 of 469 ends

EXISTING

MECHANICAL

ROOMDEMOLITIONPLAN
MR-1
These drawings and specifications are
the property and copyright of Aquatic
Design Group, Inc. and shall not be
used on any other work except by
agreement with Aquatic Design Group,
Inc. Written dimensions shall take
preference over scaled dimensions and
shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc.
prior to the commencement of any work.

DRAWING TITLEDRAWING NO.

SEAL

DRAWN BY

CHECKED BY
DATE
NO. DATE DESCRIPTION
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REVISIONS

PROJECT INFORMATION
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IMPROVEMENTS
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06/23/2023
LOGO

Page 177 of 469 ends

NEW

MECHANICAL

ROOM LAYOUT
MR-2
These drawings and specifications are
the property and copyright of Aquatic
Design Group, Inc. and shall not be
used on any other work except by
agreement with Aquatic Design Group,
Inc. Written dimensions shall take
preference over scaled dimensions and
shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc.
prior to the commencement of any work.

DRAWING TITLEDRAWING NO.

SEAL

DRAWN BY

CHECKED BY
DATE
NO. DATE DESCRIPTION
COPYRIGHT © 2023 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO.

REVISIONS

PROJECT INFORMATION
2023.017
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SHAFTER AQUATIC CENTER

IMPROVEMENTS
269 POSO AVENUE
SHAFTER, CALIFORNIA 93263
06/23/2023
LOGO

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DRAWN BY

CHECKED BY
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REVISIONS

PROJECT INFORMATION
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IMPROVEMENTS
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MECHANICAL

DETAILS
MR-3

CHLORINATOR
SYSTEM

ACCU-TAB

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MECHANICAL

DETAILS
MR-4

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IMPROVEMENTS
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MECHANICAL

DETAILS
MR-5
-20
-30 60
-10
0 10 20
50 30
40 Hg
psi

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MECHANICAL

DETAILS
MR-6

RATING EXPLANATION GUIDE

RATING HEALTH HAZARD FLAMMABILITY HAZARD REACTIVITY HAZARD

CAN BE LETHAL MAY EXPLODE AT NORMAL

TEMPERATURES AND

PRESSURES

MAY EXPLODE AT HIGH

TEMPERATURES OR SHOCK
IGNITES AT ABOVE 73° F,
BELOW 100° F.

CAN CAUSE SERIOUS OR

PERMANENT INJURY
EXTREMELY FLAMMABLE.

IGNITES AT BELOW 73° F.

VIOLENT CHEMICAL CHANGE

AT HIGH TEMPERATURES OR

PRESSURES

CAN CAUSE TEMPORARY

INCAPACITATION OR RESIDUALINJURY
NORMALLY STABLE. HIGH

TEMPERATURES MAKE

UNSTABLE

CAN CAUSE SIGNIFICANT

IRRITATION
IGNITES AT ABOVE 200° F.IGNITES AT ABOVE 100° F,
BELOW 200° F.

NO HAZARD WILL NOT BURN STABLE
43210

SPECIFIC HAZARD
OXIDIZER:

ACID:CORROSIVE:ALKALI:USE NO WATER:RADIATION HAZARDS:POLYMERIZES:

OX
ACID
COR
ALK
W
P
LEGEND

CALCIUM HYPOCHLORITE SODIUM BISULFATE
COMMON NAME CHEMICAL NAME CAS # FORM JUSTIFICATION % COMP. QUANT. STORED (NOT USED) QUANT. IN USE (USE-CLOSED) LOCATION (STORAGE & USE) HAZ. CLASSES

CHEMICAL CLASSIFICATION TABLE

MAXIMUM

ALLOWABLE

QUANTITY
SODIUM BISULFATE 93% 7681-38-1 TABLET 45 lbs. 45 lbs. CHEM. ROOM MSDS IRRITANT SODIUM BISULFATE NO LIMIT 65% 7778-54-3 TABLET 45 lbs. CHEM. ROOM MSDS CALCIUM HYPOCHLORITE CALCIUM HYPOCHLORITE 150 lbs. 1,150 lbs. OXIDIZER

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MECHANICAL

DETAILS
MR-7

Page 183 of 469 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: APPROVAL OF AGREEMENT FOR THE COMPLETION OF

PUBLIC IMPROVEMENTS WITH BALFANZ HOMES, INC FOR
TRACT 6490, PHASE 1

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the Agreement for the Completion of Public Improvements with Balfanz Homes, Inc. for Tract 6490-1, including reductions in the performance and payment bonds; and authorize the City Manager to execute said agreement.

BACKGROUND
Tract 6490 - Phase 1 is under development on the north side of Los Angeles Avenue, just west of the Omni Family Health facility. The developer, Balfanz Homes, Inc., desires to file and record the tract map before completing all remaining public improvements conditioned by the City (street, sewer, water, utilities, landscaping, etc.). This requires entering into an agreement with the City to ensure that all required public improvements are eventually constructed.

ANALYSIS
A subdivision improvement agreement specifically requires that the developer design and construct all public improvements conditioned by the City. In addition, performance and payment bonds are provided as a guarantee for the faithful performance of the construction of the public improvements. A fully executed agreement and the associated bonds will be provided to the City before the recordation of the tract map.

This type of agreement has been used for previous residential developments.

In the case of this tract, the developer has requested that the bonds be reduced to cover only outstanding improvements. The completed improvements include sewer, water, and storm drain improvements, while examples of the outstanding improvements include public streets and dry utilities. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion of the security provided as the public improvements are accepted by the City.

FISCAL IMPACT
None.

Page 184 of 469 ends

APPROVAL OF AGREEMENT FOR THE COMPLETION OF PUBLIC IMPROVEMENTS WITH BALFANZ HOMES, INC FOR TRACT 6490, PHASE 1
- 2 -

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 an agreement for the completion of public improvements for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism 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
Yes

ALTERNATIVES
The Council can reject the recommendation to enter into a subdivision improvement agreement if it wishes for public improvements to be constructed ahead of the tract map recordation. However, expediting the map recordation can also facilitate the permitting and selling of the residential lots. Secondly, the agreement would include performance and payment bonds the City can utilize if the developer does not complete the improvements in the specified amount of time. Therefore, no alternative action is recommended.

NEXT STEPS
Upon Council authorization, staff will prepare the public improvements agreement for the required signatures. The tract map will only record if the agreement is fully executed.

ATTACHMENTS

1. Tract 6490-1 - Subdivision Improvement Agreement -DRAFT 2023.06.22

Page 185 of 469 ends

17236.00012\30429610.1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SHAFTER
336 Pacific Avenue
Shafter, California 93263
ATTN: City Engineer

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 6103

CITY OF SHAFTER
By:

City Clerk

AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 6490 PHASE 1
Between

CITY OF SHAFTER, A CALIFORNIA MUNICIPAL CORPORATION
and

SUMMIT CAPITAL
DRAFT
VENTURES, INC., A CALIFORNIA CORPORATION

Page 186 of 469 ends

17236.00012\30429610.1 1

AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 6490 PHASE 1
I. PARTIES AND DATE.

This Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ________ day of ________________________, ___________ by and between the City of Shafter, a California municipal corporation and charter city (“City”) and SUMMIT CAPITAL VENTURES, INC., A CALIFORNIA CORPORATION with its principal office located at 8725 SWIGERT COURT, BAKERSFIELD, CA 93311 (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” II. RECITALS.

A. On FEBRUARY 4, 2005, Developer submitted to City an application for approval of a tentative map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”). The tentative map was prepared on behalf of Developer by SAN JOAQUIN ENGINEERING, INC., and is identified in City records as TRACT 6490 PHASE 1.

B. Developer’s application for a tentative map for TRACT 6490 PHASE 1 was deemed complete on MARCH 3, 2005. On MAY 3, 2005, the SHAFTER CITY COUNCIL conditionally approved Developer’s application for a tentative map for TRACT 6490 PHASE 1.

C. Developer has not completed all of the work or made all of the public improvements required by the Shafter Municipal Code (Title 16—Subdivisions), the Subdivision Map Act (Government Code sections 66410 et seq.) (“Map Act”), the conditions of approval for TRACT 6490 PHASE 1, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

D. Pursuant to Title 16 of the Shafter Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer, for TRACT 6490 PHASE 1.

E. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for TRACT 6490 PHASE 1.

III. TERMS.

3.1 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Kern; (c) the City Council of the City (“City Council”) approves the final map for TRACT 6490 PHASE 1 and (d) Developer records the final map for TRACT 6490 PHASE 1 in the Recorder’s Office of the County of Kern. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for TRACT 6490 PHASE 1.

DRAFT

Page 187 of 469 ends

17236.00012\30429610.1 2

3.2 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of TRACT 6490 PHASE 1, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, water mains and services, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for TRACT 6490 PHASE 1 (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

3.2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

3.2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

3.2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

3.2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

3.2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the DRAFT

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same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

3.2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

3.3 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, sewers, and storm drains; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.4 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one (1) year of the effective date of this Agreement.

3.4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction DRAFT

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standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

3.4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

3.5 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of TRACT 6490 PHASE 1 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement.

3.6 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within TRACT 6490 PHASE 1 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.

3.7 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to TRACT 6490 PHASE 1.

3.8 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

IV. DEFAULT; NOTICE; REMEDIES.

4.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to DRAFT

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City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement.

4.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation.

All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

4.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

4.4 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

4.5 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Kern a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If TRACT 6490 PHASE 1 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the DRAFT

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City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

4.6 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

4.7 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.

4.7.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******)
which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 6490 PHASE 1, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 6490 PHASE 1.

4.7.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******) which sum shall not be less than one hundred percent (100%) of the Estimated Costs.

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The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

4.7.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A-:VII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement.

The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

4.7.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

4.8 Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for TRACT 6490 PHASE 1 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash with City in the amount of TEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($10,500.00******) which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for TRACT 6490 PHASE 1.

4.9 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

4.10 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, DRAFT

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the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

4.11 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.

V. INSURANCE.

5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer DRAFT

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and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City.

5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A-:VII.

5.8 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

5.9 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to TRACT 6490 PHASE 1, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

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VI. GENERAL PROVISIONS.

6.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

6.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

6.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

CITY OF SHAFTER
DEVELOPER:

SUMMIT CAPITAL VENTURES, INC., A CALIFORNIA

CORPORATION
8725 SWIGERT COURT, BAKERSFIELD, CA 93311
336 PACIFIC AVENUE
SHAFTER, CALIFORNIA 93263
ATTN: CITY ENGINEER
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

6.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

6.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type.

The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

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6.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

6.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

6.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

6.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Kern, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

6.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.

6.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

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CITY OF SHAFTER SUMMIT CAPITAL VENTURES, INC., A CALIFORNIA

CORPORATION
By: By:

Gabriel Gonzalez (signature)
City Manager
City of Shafter

(print name)

(title)
ATTEST:

By: By:

Yazmina Pallares (signature)
City Clerk
City of Shafter

(print name)

(title)
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By:

NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

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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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF )
On , 20 , before me, ,
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 of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
DRAFT
Signer(s) Other Than Named Above

Page 199 of 469 ends

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

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 of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
DRAFT
Signer(s) Other Than Named Above

Page 200 of 469 ends

Exhibit C-1
17236.00012\30429610.1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY - TRACT 6490 PHASE 1
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT 22-87 RECORDED ON AUGUST 19, 2022 IN DOCUMENT #222128030, KERN COUNTY OFFICIAL RECORDS, ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 28 SOUTH, RANGE 25 EAST, M.D.B.M. IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.

DRAFT

Page 201 of 469 ends

Exhibit C-2
17236.00012\30429610.1
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS - TRACT 6490 PHASE 1

THE FOLLOWING LIST OF IMPROVEMENTS SHALL NOT BE CONSIDERED AS COMPLETE OR ALL

INCLUSIVE BUT SHALL SERVE AS A GENERAL DESCRIPTION OF IMPROVEMENTS REQUIRED FOR RESIDENTIAL TRACTS. DEVELOPER’S ATTENTION IS DIRECTED TO THE CONDITIONS OF APPROVAL FOR THE TRACT, THE DEVELOPER’S AGREEMENT FOR THE TRACT, ANY APPLICABLE SPECIFIC PLAN, AND TITLE 16 OF THE CITY OF SHAFTER MUNICIPAL CODE FOR MORE INFORMATION ON SPECIFIC PUBLIC IMPROVEMENTS REQUIRED.
 ALL EARTHWORK AND GRADING INCLUDING REMOVAL AND DISPOSAL OF UNSUITABLE

MATERIALS, REMOVAL AND/OR RELOCATION OF OBSTRUCTIONS, IMPORT, EXPORT,

ROUGH GRADING, FINAL GRADING, EXCAVATION, TRENCHING, BACKFILLING,

COMPACTION, FOOTINGS, FOUNDATIONS, AND SUBGRADE PREPARATION,

OVEREXCAVATION, RECOMPACTION, RETAINING STRUCTURES, DUST CONTROL,

EROSION AND/OR SEDIMENT CONTROL MEASURES, SOILS STUDIES, TESTING, AND INSPECTION.
 PUBLIC WATER IMPROVEMENTS INCLUDING WATER MAINS FOR DOMESTIC AND

IRRIGATION PURPOSES, VALVES, FITTINGS, CONNECTIONS, SERVICES, METERS, AND FIRE HYDRANTS.
 PUBLIC SEWER IMPROVEMENTS INCLUDING SEWER MAINS, MANHOLES, CLEAN OUTS,

CONNECTIONS, SERVICES, AND ANY NECESSARY SEWAGE LIFT STATIONS, FORCE MAINS, AND DISCHARGE STRUCTURES.
 PUBLIC STORM DRAIN IMPROVEMENTS INCLUDING STORM DRAIN PIPING, MANHOLES, JUNCTION BOXES, INLETS, OUTLETS, BASINS, AND PERIMETER FENCING.  PUBLIC STREET IMPROVEMENTS INCLUDING CURBS, GUTTERS, CROSS GUTTERS,

SPANDRELS, SIDEWALKS, WHEELCHAIR RAMPS, OTHER PEDESTRIAN FACILITIES,

MEDIANS, STREET SECTION AND PAVING IMPROVEMENTS, STREET LIGHTING, STREET

SIGNS, BARRICADES, FENCING AND/OR GATES, TRAFFIC SIGNS, MARKINGS, STRIPING, BEACONS, AND SIGNALS.
 PUBLIC UTILITIES THAT SUPPLY ELECTRICAL POWER, NATURAL GAS, CABLE TV,

INTERNET, PHONE, AND FIBER OPTIC SERVICE FOR EACH PROPOSED LOT, STRUCTURE, OR PUBLIC USE.
 PUBLIC LANDSCAPING IMPROVEMENTS ALONG STREETS AND WITHIN MEDIANS, PASEOS,

AND NATURAL TRAILS INCLUDING EARTHWORK AND GRADING, SOIL AMENDMENTS,

PLANTS & FOLIAGE, GROUND COVER, SPRINKLERS AND RELATED TIMERS AND

CONTROLLERS, WALLS, SEATING, LIGHTING, WALKABLE PATHS, AND RELATED INFRASTRUCTURE.
 WHERE PROPOSED BY THE DEVELOPER, PUBLIC PARK IMPROVEMENTS INCLUDING ANY

AND ALL OF THE IMPROVEMENTS LISTED ABOVE AND ALSO INCLUDING, BUT NOT LIMITED

TO, SEATING, TABLES, SHADE STRUCTURES, TRASH RECEPTACLES, WATER FOUNTAINS,

PLAY STRUCTURES, RELATED SURFACING, PLAY AREAS, OPEN AREAS, PUBLIC FACILITIES, AND LIGHTING.
 A SUFFICIENT QUANTITY OF CLUSTER MAILBOX UNITS WITH FOUNDATIONS, APPROPRIATE CLEARANCE, AND WALKABLE SURFACING. UNITS SHALL BE APPROVED BY THE LOCAL POSTAL AUTHORITY FOR USE.

DRAFT

Page 202 of 469 ends

Exhibit C-3
17236.00012\30429610.1
 IMPROVEMENTS SHALL ALSO INCLUDE ANY AND ALL NECESSARY IMPROVEMENTS OR

UPGRADES TO OR REROUTING OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES OR UTILITIES AS DETERMINED BY THE FACILITY OR UTILITY OWNER. IMPROVEMENTS SHALL

INCLUDE PROTECTION OR PRESERVATION OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES THAT WILL NOT BE RELOCATED, MODIFIED, OR REMOVED.  IMPROVEMENTS SHALL INCLUDE ANY EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS OF WAY FOR SAID IMPROVEMENTS. DIMENSIONS

OF EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS SHALL BE APPROVED BY THE CITY.
 IMPROVEMENT SHALL INCLUDE ALL APPROPRIATE AND NECESSARY PERMITS REQUIRED BY LOCAL, STATE, OR FEDERAL LAW.

DRAFT

Page 203 of 469 ends

Exhibit C-4
17236.00012\30429610.1
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY - TRACT 6490 PHASE 1
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******)
Surety:

Attorney-in-fact:

Address:

MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******)
Surety:

Attorney-in-fact:

Address:

MONUMENT SECURITY (CASH OR BOND): TEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($10,500.00******)
DRAFT

Page 204 of 469 ends

Exhibit C-5
17236.00012\30429610.1
BOND NO.

INITIAL PREMIUM:

SUBJECT TO RENEWAL

CITY OF SHAFTER
TRACT 6490 PHASE 1 IMPROVEMENTS

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Shafter, California (“City”) and SUMMIT CAPITAL VENTURES, INC., A CALIFORNIA CORPORATION (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 6490 PHASE 1 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________________ (“Surety”), a corporation organized and existing under the laws of the State of ___________________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******)
, said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

DRAFT

Page 205 of 469 ends

Exhibit C-6
17236.00012\30429610.1
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.

Principal Surety
By: By:

President Attorney-in-Fact

(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL

AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL

REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.

DRAFT

Page 206 of 469 ends

Exhibit C-7
17236.00012\30429610.1
BOND NO.

INITIAL PREMIUM:

SUBJECT TO RENEWAL

CITY OF SHAFTER
TRACT 6490 PHASE 1 IMPROVEMENTS

LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Shafter, California (“City”) and SUMMIT CAPITAL VENTURES, INC., A CALIFORNIA CORPORATION (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 6490 PHASE 1 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of TWO MILLION SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($2,073,000.00******) said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for DRAFT

Page 207 of 469 ends

Exhibit C-8
17236.00012\30429610.1
work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

DRAFT

Page 208 of 469 ends

Exhibit C-9
17236.00012\30429610.1
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.

Principal Surety
By: By:

President Attorney-in-Fact

(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL

AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL

REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.

DRAFT

Page 209 of 469 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: APPROVAL OF CITY BUILDING HVAC SERVICES CONTRACT

WITH EMCOR SERVICES

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept three (3) separate proposals from Heating, Ventilation, and Air Conditioning service companies to provide routine maintenance work at public facilities owned by the City; approve one (1) of said proposals submitted by EMCOR Services; and authorize the Public Works Director to award a three-year maintenance agreement to EMCOR services for a period of up to three (3) years with Year 1 cost valued at $25,000.

BACKGROUND
The Public Works Public Facilities Division obtained proposals from three professional service companies to provide routine inspection and maintenance of the heating, ventilation, and air conditioning (HVAC) at all public buildings owned and operated by the City. This potential new service intends to be more proactive with maintenance, prepared for repairs, and also have the HVAC systems run as efficiently as possible.

A cost summary of comparable services offered by these companies is as follows:

Company Estimated
Year 1
Cost
EMCOR Services $23,888.70
Holders Air Conditioning &
Heating
$26,344.81
Oasis Air & Solar $18,367.94

ANALYSIS
All three companies that submitted proposals are qualified. They also offer incentives with a multi-year service contract, including discounts on parts and services and priority

Page 210 of 469 ends

APPROVAL OF CITY BUILDING HVAC SERVICES CONTRACT WITH EMCOR SERVICES - 2 -
on-call and emergency responses, and have previously done work for the City. While EMCOR Services (EMCOR) is not proposing the lowest price, they submitted a very comprehensive proposal based on a detailed assessment of the current HVAC systems. Their proposal specifically covers quarterly inspections and preventative maintenance, detailed recordkeeping, higher staffing levels, and other measures to optimize efficiencies and reduce the risk of significant downtime. Their three-year pricing schedule includes annual increases of approximately 5%. A suggested budget to fund the work proposed by EMCOR for Year 1 of a service contract is $25,000.

FISCAL IMPACT
The operating budgets for building maintenance and repairs this fiscal year are adequately funded to cover the costs in any of the proposals. Future fiscal years can maintain this funding to ensure that professional HVAC servicing can continue. No budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a HVAC contract that will not result in direct or indirect physical changes to the environment and therefore, it is the creation of a governmental funding mechanism or other 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
No

ALTERNATIVES
Two alternatives to the recommended action are to award the service contract work to Oasis Air & Solar to reduce costs or reject all proposals to avoid committing the City to a service contract. However, the added cost of EMCOR's proposal does provide the City with much more comprehensive and proactive services which should reduce the City's HVAC system costs over time with improved efficiencies and fewer on-call or emergency repairs. They have also proven very reliable and responsive with recent HVAC system replacements. Lastly, the City would not incur significant costs or penalties for terminating a multi-year service agreement for any reason. Therefore, alternative action is not recommended.

NEXT STEPS
Upon Council authorization, the Public Works Director will award the recommended HVAC service contracts to EMCOR for all City buildings and schedule their routine maintenance and inspection work.

ATTACHMENTS

1. HVAC Mechanical Assessment Prepared by EMCOR Services

Page 211 of 469 ends

MECHANICAL ASSESSMENT
June 13th'2023
Location: City Of Shafter
RE: Provide understanding of HVAC equipment conditions
Summarv
We recently inspected the HVAC systems for the City Of Shafler The equipment currently serving above this space is depicted below and consists of the following . Site #1 Corp yard - (6) PKG Units, (5) Mini Splits, (1) Bard PKG Unit I (1) Evaporative Cooler . Site #2 Learning Center - (2) PKG Units & (2) Mini Splits o Site #3 Police Department - (13) PKG Units (4) Exhaust Fans . Site #4 Veterans Hall - (6) PKG Units & (1) Cooler
. Site #5 City Hall - (7) PKG Units & (1) Bard Unit
. Site {!6 Animal Controls - 3 PKG Units & 3 Coolers
r Site #7 Fanucchi Way - 2 PKG Units
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Page 212 of 469 ends

€+ttAORServices
= Mesa Energy Systems
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AC s1 Make: Friedrich 1-ton Mini Split
MODELf MR12Y1F
SERIALf LHDC 01988
A8e: 14 years old
RefriBerant : 410A
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
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MECHANICAL ASSESSMEN SITE #1- CORP YARD
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AC #2 Make: Bard 2-Ton PKG Unit
MODEr# W24HA-Ao4XX4XXX
sE RtAL# 3 14M 173492438-02
Age: 6years old
Refrigerant: R410A
2lPage

Page 213 of 469 ends

€filOORServices
= Mesa Enerry Systems
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Evaporative Cooler #1 Make: Adobe Air
Evaporative Cooler
MODEts PH88030
SERTAL# 2760006
Age: N/A
Status: Available to use (not efficient)
Recommendatlon: Cooler operational as is, unit
has original parts and components.

Due to hard water, we highly recommend to
filter water through the inlet water supply side
and upgrade Media Pads.

Recommendation: Perform full operational
assessment during first service to determine
recommendations.
3lPage

MECHANICAL ASSESSMENT
Ac #3 Make: Friedrich l Ton Mini split Unit
MODELfl MR12Y3G
SERIALfl UJCO13O1
A8e: 14 years
Refrigerant: 410A
Status: Currently operational at time of survey
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Page 214 of 469 ends

€fltlCORServices .7 Mesa Energy Systems
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ACss Make: ICP 4 TON PKG UNIT
MODEI.# RGSO4SHTOAOAAAA
SERtAL# C150959162
ABe: 8 years
Refri8erant : 410A
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
4l
AC*4 Make: ICP 4 Ton Package Unit
MODELS RGSO48HIOAOAAAA
SERtAL# C151150148
Age: 8 years
Refrigerant : 410A
Status: Currently operating at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

MECHANICAL ASSESSMENT
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Page 215 of 469 ends

€ltlO(rRServices Y Mesa Enerry Systefis
AC #6 MaKe: ICP 5 TON PKG UNIT
MODET# RGSO6OHLCAOAAAA
SERrAt-s C144273101
Age: 9 years old
Refrigerant : 410A
Recommendation: Perform f ull operational
assessment during first service to determine
recommendations.

AC S7 Make: Trane s-Ton PKG Unit
MODELS4YCY4050Clll5AA
sERtAts 16242JP09H
Age: 7 Years
Refrigerant: 410A
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

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MECHANICAL ASSESSMENT
Status: Currently operational at time of survey
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Page 216 of 469 ends

€+m@RServices 7 Mesa Energy Systetns
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MECHANICAL ASSESSMENT
AC f8 Make: Trane s-Ton PKG Unit
MODELf 4YCC4060A1090A8
sERtALr 2027115141
Age: 3 Years Old
Refrigerant : R410A
Status: Currently operational at time of survey
AC rr9 Make: Trane 5 Ton Gas Electric PKG Unit
MODEL# 4YCC4060A1090A8
sERrALf 2027114041
Age: 3 Years Old
Refrigerant : 410A
Status: Currently operational at time of survey
Recommendatlon: Perform f ull operational
assessment during first service to determine
recommendations.
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assessment during first service to determine
recommendations.

Page 217 of 469 ends

HircCrRServices
=- Mega Energy Systefig
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MECHANICAL ASSESSMENT
AC #10 Make: Comfort maker 2ton packa8e
unit
MODET f PGF324O4OKO1A1
SERtAL # G061921084
Age: 17 years
Refrigerant: R22
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AC f 11 Make: Mitsubishi 9K BTU Mini Split Heat
Pump Unit
MODEL f TWAO9OA4O
SERtAL # 28C30306
Age: ll years
Refrigerant: R410A
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

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Recommendation;
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Page 218 of 469 ends

€==Em@RServices E Mesa Energy Systenls
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AC #8 Make: Friedrich l Ton Mini Split Unit
MODEL# TWAl2O44OOEA
sERtAt# 21623BCAD
Age:15 years
Refrigerant : R410a
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
8lPage
AC S12 Make: Friedrich l Ton Mini Split Unit
MOOEL fl MRI2YlF
SERIAT# LHDC 02232
Age: 15 years
Refrigerant: R410A
Status: Currently operational at time of survey

MECHANICAL ASSESSMENT
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Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Page 219 of 469 ends

=[ltlAORServices = Mesa Energy Systetns
MECHANICAL ASSESSMENT SITE #2 - LEARNING CENTER
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AC S1 Make: Fujitsu
MODEL f AOU24RGLX
sERrAt r EQQ 002709
Age: 2 Years Old
Refrigerant : R410A
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendationsAC S2 Make: Fu.iitsu 2 Ton Mini Split Unit MODET S AOU24RGLx
SERTAL * EQQ 002708
Age:2years
Refrigerant : R410a
Status: Currently operational at time of survey
Recommendation: Perform f ull operational
assessment during first service to determine
recommendations.

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Page 220 of 469 ends

-fltl@RServices l7 Mesa Energy systens
-
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Status: Available to use (not efficient) units are very advanced in age and utilizing R22 refrigerant, which
is in process of phase out
AC fl4 :Trane 17.5 ton PKG Unit
MODEL# YCH211C3LBCA
SERtAL# 537101573D
Age:18
Refrige ra nt R'22
Status: Available to use (not efficient) units are very advanced in age and utilizing R22 refrigerant, which
is in process of phase out
Recommendatlon: Cooling and heating operational
as is, unit has original parts and components still in
working condition, but these are potential costly
failures that can come up. Unit not under any
manufacturer warranty. EMCOR recommends
upgrading unit to save energy and cost with a high
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MECHANICAL ASSESSMENT
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6 AC #3 Make: Trane 10 Ton Pkg Unit
MODEr f YHC 120A3R142100009
SERTAL# 5371008211
Age: 18 Years Old
Refrigerant R-22
Recommendation: Cooling and heating operational
as is, unit has original parts and components still in
working condition, but these are potential costly
failures that can come up. Unit not under any
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Page 221 of 469 ends

€IIU€OIRServices
= Mesa Energy Systetns
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MECHANICAL ASSESSMENT SITE #3. POLICE DEPARTMENT
Status: Currently operational at time of survey
AC Unit #2 Make: Rheem 4 Ton Unit
MODELf RRLN-BO48CK10E
sERtAtf F321400091
Age: 10 Years Old
Refrigerant : R410a
Status: Currently operational at time of survey
Recomm€ndatlon: Perform full operational
assessment during first service to determine
recommendations.
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AC Unit #1 Make: Rheem 4 Ton Unit
MODET# RRML - BO48CK10E
sERtALf 2G7412AOAAF20r306695
Age: 10 Years
Refrigerant : R410A
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Page 222 of 469 ends

E-
:ltlOORServices ? Mesa Etrergy q,stefils
\
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AC Unit f3 Make: Rheem 5 Ton PKG Unit
MODELf RRNT - CO6OC(1OE
sERrArf 2G7990A0AAF321303695
Age: 10 Years OLD
Refrigeration; R410a
Recommendation: Perform f ull operational
assessment during first servlce to determine
recommendations.

Status: Currently operational at time of survey
Recommendatlon: Perform f ull operational
assessment during first service to determine
recommendations.
12 | F a 6

MECHANICAL ASSESSMENT
Status: Currently operational at time of survey
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AC Unit f4 Make: Rheem 3 Ton PackaSe Unit
MODELfi RRNL - BO36CKO6E
sERrAt_s F291403259
Age: 9 Year5 Old
Refrigerant : 410A

Page 223 of 469 ends

,a
H[rcCrRServices ? Mesa Energy Systerns

MECHANICAL ASSESSMENT
AC Unit *5 Make: Rheem 4 Ton PKG Unit
MODEL RGEA13O4SACT1OlAA
sERtAtfl F221500088
Age: 8 Years Old
Refrigerant R410a
Status: Currently operational at time of survey
Reconmendation: Perform full operational
assessment during first service to determine
recommendations.

AC Unit #6 Make: ICP 2.5 Ton PKG Unit
MODELf PG0330040K001C1
sERtAtfl c123121047
Age: ll Years
Refrigerant : R410A
Status: Currently operational at time of survey
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Recommendation: Perform full operational
assessment during first service to determine
recommendations.
13 lPage

Page 224 of 469 ends

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AC Unit f7 Make: Carrier 2.5 Ton PKG Unit
MODEL f 48SDN030040301
sERrAIfi 0407G2 53
Age: 15 years old
Refrigerant R-22
Status: Currently operational at time of survey
Eecomlnendation: Perform full operational
assessment during first service to determine
recommendations.

AC UNIT #8 Make: Carrier 4-Ton PKG Unit
MODEL# 48HJ1005---551-
sERrAt$ 3s07G3034
Age: 15 years old
Refrigerant R-22
Status: Currently operational at time of survey
&ecom!!|endation: Perform f ull operational
assessment during first service to determine
recommendations.
14 lr

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Page 225 of 469 ends

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Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

AC Unit S10 Make : Carrier 3-Ton PKG unit
MODEL# 48HJM004-541-
SERTALS 4807G40248
Age: 15 years old
Refrigerant R-22
Status: Currently not operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
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MECHANICAL ASSESSMENT
B Unit ttg Make: Carrier 7.5 Ton PKG Unit
MODEr-# 48HJD008--541
SERtAL# 2207G40659
Age: 15 years old
RefriSerant R-22
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Page 226 of 469 ends

€+MCORServices Y Mesa Etwgy Systerns
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AC Unit $11 Make: Carrier 3-Ton Ton PKG unit
MODETS 48HJM004--541-
sERtALf 3807G5418
Age: 15 years old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Status: Currently operational at time of survey
Recommendation: Perform f ull operational
assessment during first service to determine
recommendations.
16 lt'agt
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MODELf 48HJM005--541--
SERtAL# 377G30352
Age: lsyears old
Refrigerant R-22
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Page 227 of 469 ends

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€fltl@RServices '? Mesa Energy Sysaems
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AC Unit S13 Make: Carrier 4 Ton PKG Unit
MODEL# 48HJM005--541--
sERrArs 3707G30361
Age: l6years old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Exhaoust Fan #1 Make: Cook
MODETS 1OOACE B
SERtALS 1385974127 - OO/OOO723
Status: Currently operational at time of survey
Recommendation; Perform full operational
assessment during first service to determine
recommendations.
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MECHANICAL ASSESSMENT
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Page 228 of 469 ends

E-
€?EJI|OORServices Y Mesa Energy syster'1s
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MECHANICAL ASSESSMENT
Exhaust Fan Unit #2 Make: Cook
MODEL# 1OO ACE B
sERrALf 1385974127 -00 I OOO07 23
Age: 16 Years Old
Status: Currently operational at time of survey
Exhaust Fan Unit S3 Make: Bard Unit
MODEL# Not Visible
SERtAL# 138 538184900 119490017
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
18 lPagt
Recommendation: Perform f ull operational
assessment during first service to determine
recommendations.
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Page 229 of 469 ends

€fltilOORServices E Mesa Ettergy Syrtefis
RecOOmendation: Perform full operational
assessment during first service to determine
recommendations.

AC Unit #2 Make: Carrier 7.5 Ton PKG Unit
MODELfl 48HJD009---551--
sERtALf 3208G20608
Age: 15 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendatlon: Perform f ull operational
assessment during first service to determine
recommendations.
19 lPag,t
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MECHANICAL ASSESSMENT SITE #4 - VETERANS HALL
AC Unit B1 Make: Carrier 10 Ton PKG Unit
MODELfl 48HJDO12.-571-
sERtAt# 0508G11558
Age: 15 Year Old
Refrigerant R-22
Status: Currently operational at time of survey
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Page 230 of 469 ends

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MECHANICAL ASSESSMENT
AC Unit #3 Make: Carrier 5 Ton PKG Unit
MODELf 48HJ1006-541
sERtAts 2007G10453
Age: 16 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
20 lPage
Evaporative Cooler S1 Make: Adobe Air
MODELf MC44B
sERtAt# G 02017702A
Age: Not Available
Status:Available to use (not efficient)
Recommendatlon: Cooler operational as is, unit
has original parts and components.

Due to hard water, we highly recommend to
filter water through the inlet water supply side
and upgrade Media Pads.
€fltrcORServices
= Mesa EtErgy Systerns
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Page 231 of 469 ends

€ltl@RServices ? Mesa Energy Systems
AC Unit #4 Make: ICP 5 Ton PKG Unit
MOOELf RGSO6OH LOAOAAAA
sERtALfl C143670869
Age: 9 Years
Refrigerant : 410a
Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.

AC Unit S5 Make: ICP 5 Ton PKG Unit
MODEL# RGSO6OHLCAOAAAA
sERtALfl C148670867
Age: 9 years old
RefriSerant R-410a
Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
21 lPagt
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Page 232 of 469 ends

€rmconservices ? M,esa Enerw Systefis
-

MECHANICAL ASSESSMENT
AC Unit #6 Make: Carrier 25 Ton Package Unit
MODEL 48TCED29A7A5A6UOGO
sERtALr 4814P16557
Age: 9 Years Old
Refrigerant : R410
Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
22 lPage
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Page 233 of 469 ends

gm@RServices
? Mesa Energy Systdms
I
AC unitfl Make: Bosch 4-Ton pkg unit
Model:BR8-60HWD1N1-M19
Serial :399A-279-000360-7738006459
unit new as of 5-23
Refrigerant r-410a
Status: Currently operational with new unit
Recommendatlon: Perform full service at time of
winter preparation
I
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AC Unit f2 Make: Carrier
MODEti Not Visible Weather Damaged
SERIALS Not Visible Weather Damaged
Age: unknown
RefriSerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment durinB first service to determine
recommendations.

MECHANICAL ASSESSMENT SITE #5. C]TY HALL
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Page 234 of 469 ends

EflU@RServices ? Mesa Energy Systems
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AC Unit f3 Make: Rheem 3 Ton PKG Unit
MODETf RRKA - AO36JKO6X
sERtALf 2A5539ADAAF020009583
Age: 23 years old
Refrigerant r-22
Status: Currently operational at time of survey
Recommendationi P erform full operational
assessment during first service to determine
recommendations.

AC Unit #4 Make: YORK
MODEL# DAYH-FO3ONO45C
sERrALfl NOS5866098
Age: 18 years old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendatlon: Perform full operational
assessment during first service to determine
recommendations.
24 lt)ag,
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Page 235 of 469 ends

€fm@RServices ? Mesa Enqgy Systems
AC Bard Unit #5 Make: Bard package Unit
MODELfl Not Visible
SERIALS Not Visible
Age: Not Visible
Status: Currently operational at time of survey
Recommendatlon: Perform f ull operational
assessment during first service to determine
recommendations.
il
Bard Unit f6 Make: Rheem 3.5 Ton Package
Unit
MODETfl RRNA.BO42JKOSX
sE RTALS 2G710040 AAF L207 0627 4
Age: 16 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
25 ll',r6
MECHAN]CAL ASSESSMENT
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Page 236 of 469 ends

€rmcons"rvices !i Mesa Energy Systems

MECHANICAL ASSESSMENT
I
AC Unit #7 Make: Rheem 2.5 Ton PKG unit
MODELfi RRPL - BO3OJKO6X
sERrAts 2G7437ADAAF370808497
Age; 15 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations,
AC Unit S8 Make: Rheem 4 Ton Unit
MODEL# RRNA- BO48JK1OX
sE RTALS 2G7102A0 AAF27 07 07 418
Age: 15 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
25lPage
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Page 237 of 469 ends

€fltl@RServices 7 Mesa Energy Systems
I
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

AC Unit f2 Make: York 3.5 Ton PKG Unit
MODEI' DBYP - FO42NO8OA
sERtAt# NO(8294597
Age: 13 years old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
27 lt
MECHANICAL ASSESSMENT SITE #6 - AN!MAL CONTROL
AC Unit #1 Make: York 3.5 Ton PKG Unit
MODELf DBYP - FO42NO8OA
SERtALS NOK8294598
Age: 13 years old
Refrigerant R-22
Status: Currently operational at time of survey
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Page 238 of 469 ends

€gmonservices
Mega Enerw Systems
I
Evaporative Cooler S1
MODELf ADA71
sERtA[# FA1150248
Age: 3 years Old
Status: Available to use
Recommendation: Cooler operational as is, unit
has original parts and components.

Evaporative Cooler #2
MOOEL# AOA71
SERtAL# FA1120250
Age: 3 Years Old
L
Status: Available to use
Recommendation: Cooler operational as is, unit
has original parts and components.

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Page 239 of 469 ends

=fltl@RServices '? Mesa Energy Systems

MECHANICAL ASSESSMENT
AC Unit S3 Make: York 3TonPKGUnit
MODEL# DBYP.FO36NOTOA
SERIALfl NO89596619
Age: 15 Years Old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

Evaporative Cooler f8 Make: Master Cool
MODELf ADAs1
SERtALS ED1130630
Age:4 Years
Status: Available to use
Recommendation: Cooler operational as is, unit
has original parts and components.
29 lPage
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Page 240 of 469 ends

€=EMGORServices 7 Mesa Energy Systems
AC Unit S1 Make: Bard 2 Ton PKG Unit
MODELfl CT242-Ao4XXXXXJ
sERtAts 256F07235279-01
Age: 16 years old
Refrigerant R-22
Status: Currently operational at time of survey
Recommendation: Perform full operational
assessment during first service to determine
recommendations.

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AC Unit #2 Make: Bard 2 Ton PKG Unit
MODELS CT242-Ao4XXXXXJ
sERtAtf 256F072352751
Age: 15 years old
Refrigerant R-22
Recommendation: Perform full operational
assessment during first service to determine
recommendations.
30 lPagr
MECHANICAL ASSESSMENT SITE #7 - FANUCCHI WAY
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Page 241 of 469 ends

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Page 242 of 469 ends

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Page 243 of 469 ends

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Page 244 of 469 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: APPROVAL KIRSCHENMANN PARK RESTROOM SEWER

REPAIRS TO HECTOR'S PLUMBING

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; authorize the Public Works Director to contract with Hectors Plumbing Inc. in an amount not to exceed $15,000 for sewer repairs at the Kirschenmann Park Bathroom.

BACKGROUND
Improvements to the Kirschenmann Park irrigation system and ballfield site have recently been completed through a project funded with America Rescue Plan Act funds. Not included in the project are improvements to the existing on-site restroom. Staff recently determined that the restroom sewer service has failed beyond repair and needs to be completely replaced. The scope of work for a service replacement requires a contracted plumber.

ANALYSIS
Staff received a quote from Hector's Plumbing to complete the service replacement. The work includes replacing the main sewer line, carrier pipes for three toilets, and cutting and filling the concrete floor after the pipeline is replaced. The total of the quote is $11,200. An appropriate budget for funding this amount plus potential contingencies is $15,000.

FISCAL IMPACT
The maintenance budget for Kirschenmann Park currently has $948 available. However, funding from other park budgets can be reallocated to cover the suggested budget without formal action by the Council.

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 a contract for restroom repairs and therefore, it is the creation of a governmental funding mechanism that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

Page 245 of 469 ends

APPROVAL KIRSCHENMANN PARK RESTROOM SEWER REPAIRS TO HECTOR'S PLUMBING - 2 -

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
If the Council desires the restroom to be available for park users, then there is no alternative to replacing its sewer service line. Staff can seek additional quotes, but the amount proposed by Hector's Plumbing is reasonable. Secondly, proceeding with an award allows the work to be completed much sooner. Therefore, alternative action is not recommended.

NEXT STEPS
Staff will award Hector's Plumbing, Inc. a requisition and schedule the sewer service line replacement work.

ATTACHMENTS

1. Proposal and Contract Submitted by Hector's Plumbiing

Page 246 of 469 ends

Hectors Plumbing Inc.

CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93390
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994

PROPOSAL AND CONTRACT
Revised 8/17/23
Bill To: City of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid
We propose to perform all labor necessary to complete your plumbing work according to code.

For the sum of all above work to completed in a timely and workman manner, according to standard practices:

Eleven Thousand Two Hundred Dollars…………………………………….….$11,200.00 - Trench & replace approx. 20’ of 4” sewer line.
- Backfill trench
- Replace x3 @carriers on toilets.
-Saw-cut and concrete patch

Page 247 of 469 ends

Hectors Plumbing Inc

CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93314
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994
Bill To: City Of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid
Payments as follows:
100% upon completion.

Any alterations or deviation from above specifications or the plans involving extra cost of material or labor will be executed upon written orders for same (hereafter referred to as Change Orders, CO). Customer maybe charged $25 per CO in addition to the extra amount included in CO over and above the sum quoted in this contract. CO will also apply in the instance when customer requires additional estimate(s) for the same job quoted with variations to original Bid.

All agreements must be made in writing. Interest at the rate of 1 ½% per month or 18% per annum, will be charged on balances over 30 days. Minimum charge per month $1.00.

Respectfully Submitted: _______________________________

Page 248 of 469 ends

Hector’s Plumbing Inc.

CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93314
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994

***ANY DEVIATIONS OR ALTERATIONS OF ANY KIND ON THIS BID MUST BE APPROVED AND IN WRITING BY HECTOR’S PLUMBING INC,
MANAGEMENT********
**If Generators are needed at job site, additional charge of $150.00 dollars per day that generator is used. ***
Any extras need to be in a change order, and will be charged separately. Bid does not include optional.

***Extras or any upgraded items will be billed later separately**** Bid: $11,200.00

Page 249 of 469 ends

Hectors Plumbing Inc.

CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93390
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994
Bill To: City Of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid

Assigned bid is only valid for 30 days, after 30-day period a new bid needs to be drawn.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board. Any questions concerning a contractor may be referred to the register of the Board whose address is: Contractors State License Board, 1020 N Street, Sacramento, Ca 95814

ACCEPTANCE
By our signature hereto, you are authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which we agree to pay the amount quoted and according to the terms of this proposal.

Revised 8/17/2023
Bid $11,200.00
Accepted________________________ Date: _________________________

Page 250 of 469 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: CANCELLATION OF THE REGULARLY SCHEDULED CITY
COUNCIL MEETING OF SEPTEMBER 19, 2023

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve the cancelation of the regularly scheduled City Council meeting of September 19, 2023.

BACKGROUND
The League of California Cities Annual Expo and Convention will be held September 20-22, 2023 in Sacramento. For your consideration, Staff is requesting the cancelation of the regular City Council meeting on September 19, 2023 to accommodate Council and Staff's travel to the annual expo. Instead a Special City Council Meeting will be scheduled for Monday, September 18, 2023 at 6 PM.

ANALYSIS
None.

FISCAL IMPACT
None.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the cancellation of a regularly scheduled City Council meeting and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
The Council has the following alternatives available for consideration:

1. Take no action and indicate the meeting be held as scheduled.

2. Provide alternative direction to Staff.

Page 251 of 469 ends

CANCELLATION OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF SEPTEMBER 19, 2023
- 2 -

NEXT STEPS
None.

ATTACHMENTS
None

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF SHAFTER POLICE OFFICERS ASSOCIATION (SPOA) SIDE LETTER AGREEMENT – FOR A FIFTEEN (15%)
EQUITY ADJUSTMENT RETROACTIVE TO JULY 1, 2023

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; ratify and adopt the Side Letter Agreement with Shafter Police Officers Association (SPOA) agreeing to modify certain provisions of the Memorandum of Understanding (MOU) approved by the City Council on December 7, 2021, amending Section 5.1 Salary, to indicate that on September 22, 2023, all recognized employees shall receive a fifteen percent (15%) Equity adjustment retroactive to July 1, 2023.

BACKGROUND
The City’s negotiating team met in good faith with Shafter Police Officers Association (SPOA) representatives in accordance with the Meyers-Milias-Brown Act regarding salaries, benefits, and other terms and conditions of employment. The negotiating team reached a tentative agreement in conformity with the City Council’s direction.

ANALYSIS
On August 17, 2023, the SPOA membership ratified the tentative agreement for a Side Letter Agreement agreeing to the proposed fifteen percent (15%) Equity adjustment retroactive to July 1, 2023.

FISCAL IMPACT
The estimated ongoing annual general fund impact is $650,000, which merits a budget amendment. The 15% equity adjustment estimate includes current and vacant positions.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is an agreement for a cost of living adjustment 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

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APPROVAL OF SHAFTER POLICE OFFICERS ASSOCIATION (SPOA) SIDE LETTER AGREEMENT – FOR A FIFTEEN (15%) EQUITY ADJUSTMENT RETROACTIVE TO JULY 1, 2023 - 2 -
No

ALTERNATIVES
There are no alternatives to the recommended action as we have met and conferred in good faith on the terms with SPOA.

NEXT STEPS
Upon Council ratification and adoption of the Side Letter Agreement with SPOA, the following shall occur:

1. On September 22, 2023, all recognized positions shall receive payment of the fifteen percent (15%) COLA/Equity Adjustment retroactive to July 1, 2023.

2. The Biweekly Pay Schedule shall be revised to reflect the COLA/Equity adjustments for SPOA-recognized positions retroactive to July 1, 2023.

ATTACHMENTS

1. SPOA Side Letter Agreement to MOU - COLA Equity Adjustment

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SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SHAFTER AND

THE SHAFTER POLICE OFFICERS ASSOCIATION
The authorized representatives of the City of Shafter and the Shafter Police Officers Association (collectively, “Parties”) have met and conferred pursuant to the Memorandum of Understanding (the “MOU”), approved by the City Council on December 7, 2021, and the Parties have determined that it is reasonable and appropriate to modify certain provisions of this MOU by means of this Side Letter Agreement (“Agreement”).

Section 1. The following Sections of the MOU are amended to incorporate the changes and additions as follows:

SECTION 5.1 SALARY
k. On September 22, 2023, all recognized employees shall receive a fifteen percent (15%) Equity Adjustment retroactive to July 1, 2023. The parties agree that the actual percentage may vary slightly due to rounding in the City of Shafter’s pay schedules.

Section 2. This amendment is effective July 1, 2023. Except as expressly modified by this Side Letter, the provisions of the existing MOU remain in full force and effect.

Ratification
This Side Letter Agreement has been ratified on September 5, 2023, pursuant to the recommendation of the following parties:

SPOA CITY
____________________________________ ____________________________________ SPOA President Date Gabriel A. Gonzalez, City Manager Date ____________________________________ ____________________________________ SPOA Vice President Date Chad Givens, Mayor Date
____________________________________
SPOA Board Member Date
____________________________________
SPOA Board Member Date

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT,

HOME INVESTMENT PARTNERSHIP, EMERGENCY SOLUTIONS

GRANTS PROGRAMS FUNDING COOPERATIVE AGREEMENT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve the revised Cooperation Agreement; authorize the City Manager to sign the agreement; and adopt Resolution 2938, a Resolution of the City Council of the City of Shafter to Cooperate with the County of Kern.

BACKGROUND
On June 20, 2023, Council previously adopted a Resolution to Cooperate with the County of Kern in a cooperative partnership under the United States Department of Housing and Urban Development (HUD), utilizing joint population counts for the disbursement of Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) program, and Emergency Solutions Grants (ESG) programs funding. The County then distributes the CDBG monies to all participatory agencies based on a "fair-share" allocation, which is based on population. The HOME funding is disbursed throughout the County Iona project-by-project basis and is used for housing rehabilitation, residential handicapped access improvements and first-time homebuyer assistance throughout the County.

Per HUD, the City was asked to approve the revised three-year cooperation agreement for the City to continue under the County partnership. The new agreement will commence with program years 2024-25 and continue through program years 2026-27.

ANALYSIS
None.

FISCAL IMPACT
Participation in this cooperative agreement will facilitate the City's ability to continue to receive an annual allocation of CDBG funding from HUD through the County. There is no guarantee what amount, if any, of these funds will be made available through HUD.

In the past, the City has received between roughly $150,000 and $300,000 per year, which has been used mainly on streets and parks projects.

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APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT

PARTNERSHIP, EMERGENCY SOLUTIONS GRANTS PROGRAMS FUNDING COOPERATIVE

AGREEMENT
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a cooperation agreement and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES

1. Council may direct the City Manager to not conduct in an agreement with the County of Kern. STAFF DOES NOT RECOMMEND THIS OPTION.

NEXT STEPS
If the City Council approves the agreement and authorizes the City Manager to execute it, Staff will submit the executed copies of the agreement and the Resolution to the County of Kern Community Development for approval by the County Board of Supervisors.

ATTACHMENTS

1. County of Kern Cooperation Agreement for Community Development 2023-2026

2. Resolution 2938-23 CDBG Cooperative Agreement Revised 2023-2026

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1 COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT
This Agreement, made and entered into on ____________________________by and between the COUNTY OF KERN, a political subdivision of the State of California (hereinafter “COUNTY”) and the CITY OF SHAFTER, a municipal corporation located within Kern County (hereinafter “CITY”), RECITALS:

WHEREAS, the United States Department of Housing and Urban Development (hereinafter “HUD”) has notified the COUNTY that it is considered to have the required qualifications (determination of essential powers) to participate in the Community Development Block Grant Entitlement (hereinafter “CDBG”) program as an urban county as that term is defined in Title I of the Housing and Community Development Act of 1974, as amended (hereinafter the “Act”); and WHEREAS, HUD has notified the COUNTY that it is a participant in the HOME Investment Partnerships Program (HOME) as defined in Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended; and
WHEREAS, HUD has notified the COUNTY that it is a participant in the Emergency Solutions Grants (ESG) Program; and
WHEREAS, the CDBG qualification process requires that following HUD’s determination that a county possesses the essential powers to participate in the CDBG program as an urban county, the units of general local government within the county be notified of their opportunity to participate in the county’s CDBG, HOME, and ESG programs by entering into a cooperation agreement with the designated urban county; and
WHEREAS, such cooperation agreements provide that the unit of general local government and the county will cooperate in essential community development and housing assistance activities and that the area and population of the unit of general local government will be included with that of the county by HUD in determining funding levels; and
WHEREAS, the COUNTY has notified the CITY of the opportunity to participate in the COUNTY’s CDBG, HOME, and ESG programs; and
WHEREAS, the CITY desires to participate in and be a part of the COUNTY’s CDBG, HOME, and ESG programs;
AGREEMENT:

1. This Agreement shall remain in effect through the 2026 program year (a program year is the twelve month period commencing July 1 and continuing through and including the following June 30).

Therefore the CITY shall participate in the COUNTY’s CDBG, HOME, and ESG programs during federal fiscal years 2024, 2025, and 2026, and does therefore approve and acknowledge the COUNTY’s authority to carry out activities that will be funded from annual CDBG, HOME, and ESG appropriations for the federal fiscal years for which the COUNTY is to qualify and from any program income generated from the expenditure of such funds, including such additional time as may be required for completion of funded activities and the expenditure of any such funds granted by the COUNTY to the CITY. The Cooperation Agreement must remain in effect until the CDBG (and HOME and ESG, where applicable) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funding activities completed.

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2 2. While it remains in effect, neither the COUNTY nor the CITY shall terminate or withdraw from this Agreement (other than as provided by rules and regulations of the Act adopted by the Federal government subsequent to this Agreement).

3. The COUNTY and the CITY shall cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities.

4. The COUNTY shall have final responsibility for selecting CDBG, HOME, and ESG activities, for the filing of the Consolidated Plan with HUD, and implementing the Consolidated Plan as approved by HUD.

5. The CITY shall undertake, without reservation or intent to obstruct, all actions determined by the COUNTY or HUD to be necessary to carry out the CDBG, HOME, and ESG programs and the approved Consolidated Plan and to comply with all CDBG, HOME, and ESG program requirements and applicable Federal and State laws and regulations during the three program years for which the COUNTY qualifies as an urban county and for such additional time as may be required for completion of funded activities and the expenditure of funds granted by the COUNTY for such period.

6. The COUNTY and CITY hereby assume the obligation to take all required actions necessary to assure compliance with the COUNTY’s certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and affirmatively furthering fair housing. See 24 CFR Subsection 91.225(a) and Affirmatively Furthering Fair Housing definitions and certifications (86 FR 30779 June 10, 2021) to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-affirmatively-furtheringfair-housing-definitions-and-certifications. Additionally, County and CITY shall take all actions to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and any and all other applicable laws, regulations and orders. By this assumption, the COUNTY and CITY recognize and accept the provisions of the Act prohibiting urban county funding for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’s actions to comply with its fair housing certification.

7. Pursuant to the requirements of the Act and implementing regulations found at 24 CFR 570.501(b), the CITY hereby agrees to be subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as precedent to implementation of individual CDBG funded activities, as set forth at 24 CFR 570.503.

8. The CITY shall maintain appropriate record of and return to the COUNTY on receipt by the CITY, any income generated by the expenditure of CDBG, HOME, and ESG funds received by the CITY. In the event of the CITY’s community development program close-out or change in the CITY’s status, any such program income that is on hand or received by the CITY subsequent to such close-out or change in status shall immediately be paid to the COUNTY.

9. The CITY has adopted and is enforcing:

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3 a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction;

10. The CITY shall comply with those provisions of the CDBG, HOME, and ESG program which apply to real property acquired or improved in whole or in part using CDBG, HOME, and ESG funds and which is within the control of the CITY. Such provisions include CITY responsibility to:
a. make timely notification to the COUNTY of any modifications or change in the use of the real property from that planned and approved by the COUNTY at the time of acquisition or improvement, including its disposition; b. reimburse the COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-HUD funds) of property acquired or improved with CDBG, HOME, or ESG funds and that is sold or transferred for a use which does not qualify under CDBG, HOME, or ESG program regulations; and
c. immediately return to the COUNTY any program income generated from the disposition or transfer of property prior to or subsequent to close-out, change of status or termination of this Agreement of Cooperation.

11. The CITY understands and agrees that, as a part of the COUNTY’s CDBG program:
a. it may not apply (except as otherwise provided by legislation adopted by the Federal government subsequent to this Agreement) for grants under the HUDAdministered or State-Administered Small Cities or State CDBG programs from appropriations from a fiscal year for which it is participating in the Entitlement CDBG Program with the COUNTY; and
b. it may receive a formula allocation under the HOME Investment Partnerships program or Emergency Solution Grants program only through the COUNTY, regardless of whether the COUNTY receives a HOME Investment Partnerships or Emergency Solutions Grant formula allocation.

12. CITY agrees that it may not sell, trade, or otherwise transfer all or any portion of its HUD funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under title I of the Act.

13. This Agreement may only be modified by an instrument in writing executed by the COUNTY and the CITY and approved by HUD.

14. Any and all notices sent pursuant to, or in furtherance of the purposes of, this Agreement shall be deemed delivered if personally served upon the Clerk of the Board of Supervisors of the COUNTY or upon the Clerk of the City Council of the CITY, or if sent via the United States Postal Service, postage prepaid, directed to COUNTY, addressed as follows:

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4 Clerk of the Board of Supervisors
County of Kern
1115 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to the CITY, addressed as follows:

City of Shafter
336 Pacific Ave.

Shafter, CA 93263-2047
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

Recommended and Approved as to Content

PLANNING AND NATURAL RESOURCES

DEPARTMENT
By______________________________________
Lorelei H. Oviatt, AICP, Director

COUNTY OF KERN
By______________________________________
Chairman of the Board of Supervisors
“COUNTY”
Approved as to Form:

OFFICE OF COUNTY COUNSEL
By______________________________________
Brian Van Wyk, Deputy

CITY OF SHAFTER
By _____________________________________
Gabriel Gonzalez, City Manager
“CITY”

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RESOLUTION NO. 2938

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER TO

COOPERATE WITH THE COUNTY OF KERN
WHEREAS, the County of Kern has identified this City as authorized to be included in the County of Kern’s Community Development Block Grant program entitlement pursuant to Title I of the Housing and Community Development Act of 1974, as amended, (hereinafter the “Act”); and
WHEREAS, HUD has notified the County of Kern that it is a participant in the HOME Investment Partnerships program as defined in Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended; and
WHEREAS, HUD has notified the County of Kern that it is a participant in the Emergency Solutions Grants program; and
WHEREAS, the Act requires the execution of a Cooperation Agreement between this City and the County of Kern; and
WHEREAS, such Agreement allows this City’s population to be included with the County of Kern’s in determining a basic annual Community Development Block Grant, HOME Investment Partnerships program, and Emergency Solutions Grants program grant amounts; and WHEREAS, it is the intention of this City to enter into such an Agreement with the County of Kern to cooperate in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities in the incorporated area of this City.

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

1. Elects to participate in the Community Development Block Grant, HOME Investment Partnerships programs, and Emergency Solutions Grants programs for the three program years commencing with 2024-2025 and continuing through 2026-2027 in accordance with the regulations by the Act;

2. Directs, City Manager to sign the required Agreements; and

3. Authorizes Gabriel Gonzalez, City Manager from this City to execute and/or perform all other appropriate acts necessary to accomplish the purpose of the Resolution.

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Shafter City Council Resolution No. 2938
September 5, 2023

Page 2 ends

PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2023.

Chad Givens, Mayor
ATTEST:

Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rogelio Sanchez, Finance Director
SUBJECT: ADOPTION OF RESOLUTION PERTAINING TO EXPENSES

INCURRED FOR CITY-RELATED BUSINESS AND ADOPTING A

TRAVEL EXPENSE REIMBURSEMENT AND PER DIEM
ALLOWANCE PLAN.

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; repeal Resolution 2640; and adopt Resolution 2939, a Resolution of the City Council of the City of Shafter establishing a policy governing reimbursement for actual and necessary expenses incurred for city-related business and adopting the City of Shafter city-related business travel expense reimbursement and per diem allowance plan.

BACKGROUND
The City’s current policy regarding expenses incurred for City-related business, travel expense reimbursement, and per diem allowance for travel, was approved in 2019 by way of Resolution 2640. Upon reviewing this policy, it was found that an update was needed to accomplish the following:

1. Eliminate outdated references.

2. Ensure compliance with State Law, including Assembly Bill 1234 (Salinas, 2005) which contains certain requirements and restrictions on local agency practices relating to reimbursing local elected and appointed officials’ expenses.

3. Ensure compliance with IRS regulations, including Treasury Regulation Section

1.62-2 and the definition of an “accountable plan” per applicable Treasury Regulations, to ensure payments pursuant to the plan are not considered taxable income to the recipient.

4. To be consistent with the recent City Ordinance 711 regarding the travel related expense reimbursement and daily salary for City Council and Planning Commission Members.

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ADOPTION OF RESOLUTION PERTAINING TO EXPENSES INCURRED FOR CITY-RELATED

BUSINESS AND ADOPTING A TRAVEL EXPENSE REIMBURSEMENT AND PER DIEM ALLOWANCE PLAN.
- 2 -
Under the guidance of the City Attorney’s Office, including lawyers experienced with tax law and State laws concerning AB 1234 and Charter Cities, the attached resolution was developed to accomplish the items listed above.

ANALYSIS
None.

FISCAL IMPACT
There is no significant financial impact related to the adoption of this Ordinance. The travel related amounts paid by the City prior to and after the adoption of this Ordinance are not expected to be significantly different.

CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines. The action is a government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
The Council may provide feedback or recommendations.

NEXT STEPS
If the Resolution is approved by the Council, the City Manager or Finance Director may sign the travel reimbursement allowance plan.

ATTACHMENTS

1. Resolution 2939

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RESOLUTION NO. 2939

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

ESTABLISHING A POLICY GOVERNING REIMBURSEMENT FOR ACTUAL AND

NECESSARY EXPENSES INCURRED FOR CITY-RELATED BUSINESS AND

ADOPTING THE CITY OF SHAFTER CITY-RELATED BUSINESS TRAVEL

EXPENSE REIMBURSEMENT AND PER DIEM ALLOWANCE PLAN
WHEREAS, members of the City Council of the City of Shafter are regularly required to incur actual and necessary travel, transportation, lodging and meal expenses in the course of conducting City-related business; and
WHEREAS, the City Council of the City of Shafter desires to encourage the Mayor, Mayor Pro Tem, Council Members, Planning Commissioners, and employees (collectively, “City Representatives”) to attend conferences, seminars and meetings on behalf of the City; and WHEREAS, it is reasonable and appropriate to adopt policies and procedures for the payment, or reimbursement, of expenses City Representatives incur when travelling for Cityrelated business; and WHEREAS, pursuant to Treasury Regulation Section 1.62-2, employees are not required to report any amounts received as a reimbursement or per diem allowance as compensation, if such amounts are provided in accordance with an “accountable plan” (as defined in the Treasury Regulations); and
WHEREAS, the City desires to adopt an accountable plan under Treasury Regulation Section 1.62-2 for the benefit of City Representatives who are reimbursed, and City employees who receive a per diem allowance, for expenses related to City-related business; and WHEREAS, the intent of this policy and the accountable plan is to conform to the requirements of Assembly Bill 1234 (Salinas, 2005), as amended from time to time.

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

1. REPEAL: Resolution No. 2640 is hereby repealed.

2. APPROVAL: City Council members, and any members of City commissions, shall not incur costs for traveling outside of Kern County or for overnight travel unless the City Council budgets for or approves the expenditure. Except where the need for travel arises in an emergency or otherwise on short notice, City Council members and commissioners shall provide sufficient advanced notice to the City Manager of any travel in order to provide time for processing payments and making reservations and other travel arrangements. Employees’ costs for travel outside of Kern County or for overnight travel shall not be reimbursed unless the City Manager approves the travel. Employees shall submit travel requests to the City Manager in advance of incurring the costs. In extenuating circumstances where a request cannot reasonably be pre-approved, the City Manager may approve reimbursement of costs incurred.

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Shafter City Council Resolution No. 2939
September 5, 2023

Page 2 ends

3. EXPENSES THAT SHALL BE PAID FOR DIRECTLY BY THE CITY:

A. Lodging. Except in extenuating circumstances, lodging for City-related business shall be paid for directly by the City, rather than reimbursed, for each day of travel on City-related business requiring overnight lodging. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section. The City will seek to use government rates, when available.

Lodging rates that are equal or less to government rates are presumed to be reasonable and hence shall be used for purposes of this policy. In the event that government rates are not available at a given time or in a given area, the City may use any of the following options:
(i) Lodging that does not exceed the median retail price for lodging for the area (within a reasonable distance of the City-related business event) listed on websites like www.priceline.com or an equivalent service. (ii) Lodging that does not exceed $300 per night.
(iii) Lodging that does not exceed the IRS per diem rates for a given area.

4. EXPENSES THAT MAY BE PAID FOR DIRECTLY BY THE CITY:

A. Transportation. Prudent judgment shall be exercised in the selection of a City Representative’s mode of transportation. This policy is intended to encourage the most efficient and least expensive mode of transportation, and the City may directly provide the following methods of transportation:
(i) Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities, the California State Association of Counties, and the State of California are presumed to be the most economical and reasonable.
(ii) Vehicle Rentals. Rental rates that are equal or less than those available through the State of California’s website shall be considered the most economical and reasonable.

5. EXPENSES FOR WHICH CITY MAY PROVIDE A REIMBURSEMENT
OR PER DIEM ALLOWANCE: All reimbursements and per diem allowances will be provided pursuant to the terms and conditions of the City of Shafter CityRelated Business Travel Expense Reimbursement and Per Diem Allowance Plan attached hereto as Exhibit A, and incorporated herein.

A. Transportation. As stated above, prudent judgment shall be exercised in the selection of a City Representative’s mode of transportation. This policy is intended to encourage the most efficient and least expensive mode of

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Shafter City Council Resolution No. 2939
September 5, 2023

Page 3 ends

transportation, and the City may directly provide the following methods of transportation:
(i) Vehicle Rentals. Rental rates that are equal or less than those available through the State of California’s website shall be considered the most economical and reasonable for purposes of reimbursement. The Internal Revenue Service mileage rate will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed.
(ii) Mileage. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also
reimbursable.
(iii) Taxis/Ride-Sharing. Taxis, ride-sharing services (e.g., Uber or Lyft), and shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
(iv) Public Transportation. Bus, trains, trolleys, ferries and other public transportation will be reimbursed for the most economical fare available, without first class, business class, or similar upgrades, which may be purchased at rider’s own expense.

B. Meals. Meal expenses and associated gratuities necessitated by Cityrelated business shall be reimbursed based on actual costs (as demonstrated by receipts), which reimbursement, if any, shall be subject to a maximum reimbursement amount of the most recent IRS rates. A 15% gratuity may also be reimbursed.
(i) Exception. As provided in the City of Shafter City-Related Business Travel Expense Reimbursement and Per Diem
Allowance Plan, the Mayor, Mayor Pro Tem, City Council
Members, and Planning Commissioners who receive a daily salary when attending City-related business shall not be reimbursed for meal expenses. Such City officials may not elect to receive reimbursement in lieu of the daily salary.

C. Others. Other incidental expenses for travel on City-related business including, but not necessarily limited to, lodging in extenuating circumstances, business-related long distance telephone calls, baggage handling charges, bridge tolls, and parking fees shall be reimbursed at cost, based upon supporting documentation.

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Shafter City Council Resolution No. 2939
September 5, 2023

Page 4 ends

6. CITY-RELATED BUSINESS: For purposes of this resolution, “City-related business” shall mean any one or more of the following:

A. Communicating with representatives of regional, state and national government on City policy positions;
B. Attending educational seminars designed to improve officials’ skill and information levels;
C. Participating in regional, state and national organizations whose activities affect the City’s interests;
D. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); E. Attending City events or meetings;
F. Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; G. Other activities that the City Council approves for City-related business.

7. APPROVAL AND ADOPTION OF AN ACCOUNTABLE PLAN: The City Council hereby approves and adopts the City of Shafter City-Related Business Travel Expense Reimbursement and Per Diem Allowance Plan (“Plan”) attached hereto as Exhibit A, and incorporated herein. All eligible City-related business travel expenses not directly paid for by the City shall be reimbursed, or paid for using a per diem allowance, pursuant to the terms of the Plan.

PASSED, APPROVED THIS 5th DAY OF SEPTEMBER 2023.

Chad Givens, Mayor
ATTEST:

Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney

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Shafter City Council Resolution No. 2939
September 5, 2023

Page 5 ends

EXHIBIT A

CITY OF SHAFTER CITY-RELATED BUSINESS

TRAVEL EXPENSE REIMBURSEMENT AND PER DIEM ALLOWANCE PLAN

RECITALS
A. The City of Shafter’s Mayor, Mayor Pro Tem, Council Members, Planning Commissioners, and employees (collectively, “City Representatives”) often incur actual and necessary travel, transportation, and meal expenses in the course of conducting City-related business; and
B. The City of Shafter’s City Council also desires to encourage City Representatives to attend conferences, seminars and meetings on behalf of the City of Shafer (“City”); and C. The Internal Revenue Service has issued regulations defining the circumstances in which employees may be reimbursed or provided a per diem allowance for business expenses incurred on behalf of their employer; and
D. Pursuant to Treasury Regulation Section 1.62-2, employees are not required to report any amounts received in accordance with an “accountable plan” (as defined in the Treasury Regulations) as compensation; and
E. The City desires to establish an accountable plan under Treasury Regulation Section 1.62-2 for the benefit of the City Representatives who receive reimbursements or per diem allowances related to City-related business in the course of their employment.

PLAN
The City hereby establishes the CITY OF SHAFTER CITY-RELATED

BUSINESS TRAVEL EXPENSE REIMBURSEMENT AND PER DIEM ALLOWANCE PLAN, effective on July 1, 2023, on the following terms and conditions:

ARTICLE 1

REIMBURSEMENT AND PER DIEM ALLOWANCE POLICY

1.1 Expense Reimbursement. City will reimburse its eligible City Representatives for the substantiated Qualified Business Related Expenses they incur in connection with their performance of services as employees of the City. Substantiation must be provided within sixty (60) days, or such other reasonable time as may be approved by the City, of the date in which the expense is incurred.

1.2 Per Diem Allowances. The City may, at its option, provide per diem allowances for certain Qualified Business Related Expenses that an eligible City employee reasonably anticipates within thirty (30) days of the date of the expected expense.

1.3 Eligibility. Only City Representatives who have incurred, or are reasonably expected to incur, Qualified Business Related Expenses in connection with the performance of

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services as employees of the City are eligible to receive a reimbursement. Only City employees (who are not the Mayor, Mayor Pro Tem, a Council Member, or a Planning Commissioner) who have incurred, or are reasonably expected to incur, Qualified Business Related Expenses in connection with the performance of services as employees of the City are eligible to receive a per diem allowance.

1.3.1 Reimbursement of Meals and Incidental Expenses that are Qualified Business Related Expenses. Notwithstanding any other provisions of the Plan, individuals in the position of Mayor, Mayor Pro Tem, Council Member, or Planning Commissioner (“City Officials”) will only be eligible for reimbursement of meals and incidental expenses that are Qualified Business Related Expenses if he or she has waived his or her monthly compensation for the year when the expense is incurred in accordance with City Ordinance Sections

2.04.120.C or 2.48.030.C. Employees who are not City Officials shall receive a per diem allowance for meals and incidental expenses that are Qualified Business Related Expenses.

1.3.2 Per Diem Allowance for Meals and Incidental Expenses that are Qualified Business Related Expenses. All employees who are not City Officials shall receive a per diem allowance for meals and incidental expenses that are Qualified Business Related Expenses, and shall not be eligible to receive a reimbursement for these expenses

1.3.3 Lodging in Extenuating Circumstances. In extenuating circumstances, City Representatives shall be eligible to receive a reimbursement for each day of travel on Cityrelated business requiring overnight lodging. Such reimbursements will only be allowed in unforeseen situations where the City has not already directly paid for the City Representative’s lodging.

1.4 Qualified Business Related Expense. A Qualified Business Related Expense shall be an expense incurred in the pursuit of the City-related business while in the performance of services as an employee of the City, if they would be deductible by the City under Internal Revenue Code Section 161 et seq. but for the City’s exemption from federal income taxes, or as defined by the Department of the Treasury. Such expenses include:

1.4.1 Transportation Expenses While at Home. Transportation expenses other than the cost of commuting from the employee’s home to his or her place of work, including, without limitation, the following:
(a) cab, train or bus fares; or
(b) a pro rata share of the employee’s costs of operating his or her automobile, including, without limitation, gas, oil and depreciation.

1.4.2 Travel Expenses Away From Home. Expenses incurred while traveling away from home where the travel is of such duration that it is reasonably expected that the employee will require substantial sleep or rest to complete the trip, including, without limitation, the following:

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(a) air, train, cab, bus, or ride-share fares, meals, incidental expenses, and overnight lodging in extenuating circumstances that are not lavish or extravagant.

Qualified Business Related Expenses shall not include meals and incidental expenses or the travel expenses for any individual who is not an eligible employee of the City.

1.5 City-Related Business. For purposes of this Plan, City-related business shall mean any one or more of the following:

1.5.1 Communicating with representatives of regional, state and national government on City policy positions;

1.5.2 Attending educational seminars designed to improve officials’ skill and information levels;

1.5.3 Participating in regional, state and national organizations whose activities affect the City’s interests;

1.5.4 Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost);

1.5.5 Attending City events or meetings;

1.5.6 Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member;

1.5.7 Other activities that the City Council approves for City-related business.

ARTICLE 2

LIMITATION ON EXPENSES

2.1 Approval. City Council members, and any members of City commissions, shall not incur costs for traveling outside of Kern County or for overnight travel unless the City Council budgets for or approves the expenditure. Except where the need for travel arises in an emergency or otherwise on short notice, City Council members and commissioners shall provide sufficient advanced notice to the City Manager of any travel in order to provide time for processing payments and making reservations and other travel arrangements. Employees’ costs for travel outside of Kern County or for overnight travel shall not be reimbursed unless the City Manager approves the travel. Employees shall submit travel requests to the City Manager in advance of incurring the costs. In extenuating circumstances where a request cannot reasonably be pre-approved, the City Manager may approve reimbursement of costs incurred.

2.2 Transportation. Prudent judgment shall be exercised in the selection of a City Representative’s mode of transportation. This section is intended to encourage the most efficient and least expensive mode of transportation. Subject to the other provisions of this Plan, the actual costs for City-related business travel will only be reimbursed if they are deemed the most economical and reasonable as set forth in this Section:

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2.2.1 Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities, the California State Association of Counties, the State of California, or approved by the City Manager in advance are presumed to be the most economical and reasonable for purposes of reimbursement under this Plan.

2.2.2 Vehicle Rentals. Rental rates that are equal or less than those available through the State of California’s website or approved by the City Manager in advance shall be considered the most economical and reasonable for purposes of reimbursement under this Plan.

2.2.3 Taxis/Ride-Sharing. Taxis, ride-sharing services such as Uber or Lyft, and shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Taxi and ride-sharing expenses will only be reimbursed upon providing a receipt for each taxi fare or ride-sharing expense.

2.2.4 Public Transportation. Bus, trains, trolleys, ferries, and other public transportation will be reimbursed for the most economical fare available, without first class, business class, or similar upgrades, which may be purchased at rider’s own expense. Public transportation expenses will only be reimbursed upon providing a receipt for each fare.

2.3 Meals. For eligible employees who may receive reimbursement for meal expenses and associated gratuities necessitated by City-related business, such reimbursement will be subject to a maximum reimbursement amount of the most recent IRS rates. A receipted 15% gratuity may also be reimbursed.

ARTICLE 3

SUBSTANTIATION OF EXPENSES

3.1 Required Substantiation. Qualified Business Related Expenses shall be substantiated by the eligible City Representative within sixty (60) days of the date he or she incurs the expense or such other reasonable period as shall be determined by the City based on the particular facts and circumstance of the expense.

3.2 Transportation Expenses. An eligible City Representative may elect to substantiate transportation expenses by either of the following methods:

3.2.1 Expense Itemization Method. Under this method an employee must submit a written chronology to City of the place(s), amount(s) and business purpose(s) of the expense. An employee shall satisfy this requirement by submitting the documentation specified in items (a) and (b) below:
(a) A statement of expense, business travel log or journal which contains the place(s), amount(s) and business purpose(s) of the expense; and (b) copies of receipts or bills paid for each expense.

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3.2.2 Fixed Mileage Method. Under this method, the employee’s actual transportation expenses are deemed substantiated if he or she submits a written chronology to City indicating the localities of origination and destination, miles traveled, persons or business facilities visited and business purpose(s). The employee’s reimbursement is limited to an amount equal to the fixed mileage reimbursement rate in effect under the Internal Revenue Code multiplied by the number of business miles substantiated. (a) Exception for Rental Cars. The Internal Revenue Service mileage rate will not be paid for rental vehicles, and only receipted fuel expenses will be reimbursed.

3.3 Meals and Incidental Expenses.

3.3.1 Expense Itemization Method. City Officials described in Section 1.3.1 shall submit a written chronology to City of the place(s), amount(s) and business purpose(s) of the expense. This requirement shall be satisfied by submitting the documentation specified in items (a) and (b) below:
(a) A statement of expense, business travel log or journal which contains the place(s), amount(s), attendee(s) and business purpose(s) of the expense; and (b) copies of receipts or paid bills for each expense.

In no event shall the reimbursement of expenses under this method exceed the limitation set forth in Section 2.3.

3.3.2 Per Diem Method. Eligible employees described in Section 1.3.2 will be deemed to have substantiated the meal and incidental expenses (“M&IE”) if he or she submits a written chronology to the City indicating the number of days away from home engaged in the pursuit of the City’s business, the localities or facilities visited, and the business purpose(s). The amount of the employee’s per diem is limited to the daily M&IE rate in effect for the area the employee travelled to for City-related business under the Internal Revenue Code multiplied by the number of full days he or she was travelling for City-related business, plus the reduced per diem rates for the first and last day of travel.

3.4 Failure to Substantiate. An employee shall not be entitled to reimbursement for expenses which are not substantiated. In the event substantiation is provided after the expiration of the period described in Section 3.1, any reimbursement by the City will not qualify as a Qualified Business Related Expenses under this Plan.

If an employee receives reimbursement for any expense and fails to substantiate any of the reimbursable amounts in accordance with this Plan, the City will report such unsubstantiated amounts on the employee’s W-2 as additional compensation in the tax year in which he or she received the payment.

3.5 Return of Excess Amounts. An employee must return to the City any reimbursement that he received in excess of the substantiated expense within one hundred twenty (120) days of the date of the expense or such other period of time as the City may deem

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reasonable in light of the facts and circumstances of the particular expenses. Where the employee elects to be reimbursed using the fixed mileage rate that does not exceed the applicable rate in effect under the Internal Revenue Code, the employee need not return amounts received as a reimbursement in excess of actual expenses.

ARTICLE 4

REIMBURSEMENT PROCEDURE

4.1 Required Reimbursement Procedure. Reimbursement of Qualified Business Related Expenses shall be made in accordance with the following procedure:

4.1.1 The employee shall forward to the City a written request for expense reimbursement together with all documents substantiating the travel expense(s) incurred within the period specified in Section 3.1.

4.1.2 The City shall review the request for accuracy, reconcile the requested reimbursement and substantiating documentation and make appropriate adjustments in the amount of reimbursement, if necessary, to conform to the terms of this Plan.

4.1.3 Payment shall be made to the employee as soon as administratively feasible.

ARTICLE 5

PER DIEM ALLOWANCES

5.1 Per Diem Allowances. City shall pay a per diem allowance to employees described in Section 1.3.2 for meals and incidental expenses. Such amounts shall be paid no more than thirty (30) days prior to the time when the expense is expected to be incurred and shall not exceed the daily M&IE rate in effect for the area the employee will travel to for City-related business under the Internal Revenue Code multiplied by the number of full days he or she was travelling for City-related business, plus the reduced per diem rates for the first and last day of travel.

5.2 Substantiation Requirement. See Section 3.3.2.

5.3 Substantiation Procedure. The employee shall provide substantiation of amounts paid as a per diem allowance in accordance with the following procedure:

5.3.1 The employee shall submit the substantiating documentation described in Section 3.3.2 above to the City within sixty (60) days of the date of the expenses or at such other time as City may deem reasonable in light of the facts and circumstances of the particular expense.

5.3.2 The City shall determine whether the amount received by the employee exceeded the expense substantiated or deemed substantiated.

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5.3.3 The City shall send a written request to the employee for return of any excess within one hundred twenty (120) days of the actual expense or such other period as City may deem reasonable in light of the facts and circumstances of the particular expense.

5.3.4 If an employee fails to substantiate an expense within the period specified herein, or fails to return any portion of a per diem advance in excess of the amount substantiated or deemed substantiated within the period specified herein, such amounts shall be reported for payroll tax purposes as provided in Section 3.4.

IN WITNESS WHEREOF, this Plan has been executed as of ______________, 2023.

CITY OF SHAFTER
By:

Name:

Title:

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rogelio Sanchez, Finance Director
SUBJECT: ADOPTION OF RESOLUTION ADOPTING THE SHAFTER
TRANSIT SYSTEM 2023 TITLE VI PROGRAM UPDATE

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt Resolution 2940, a Resolution of the City Council of the City of Shafter approving and adopting the Shafter Transit System 2023 Title VI Program Update.

BACKGROUND
Title VI of the Civil Rights Act of 1964 is the Federal Law that protects individuals and groups from discrimination on the basis of their race, color, and national origin in programs and activities that receive Federal financial assistance. However, the United States Department of Transportation's (USDOT) reference to Title VI includes other Civil Rights provisions of Federal statues and related authorities to the extent that they prohibit discrimination in programs and activities receiving Federal financial assistance. "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 USC. Section 2000d).

Shafter Dial-A-Ride transit is committed to ensuring that no person is excluded from participation in, or denied the benefits on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964.

ANALYSIS
Pursuant to Title VI of the Civil Rights Act of 1964, the Restoration Act of 1987 and other nondiscrimination authorities, it is the policy of the City of Shafter that discrimination on the ground of race, color, or national origin shall not occur in connection with programs or activities receiving financial assistance from the USDOT.

Discrimination under Title VI program is an act (action or inaction) whether intentional or unintentional, through which a person believes that he or she, individually, or as a member of any specific class of persons, has been excluded from participation in, been

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ADOPTION OF RESOLUTION ADOPTING THE SHAFTER TRANSIT SYSTEM 2023 TITLE VI

PROGRAM UPDATE
- 2 -
denied the benefits of, or been subjected to discrimination on the basis of race, color, or national origin under any program or activity receiving financial assistance from USDOT, with regard to:
▪ The availability and equitable distribution of transit service and benefits; ▪ The level and quality of transit service that are sufficient to provide equal access and mobility for all persons;
▪ The opportunity to participate in the transit planning and decision making processes; and,
▪ The right to fair decisions on the location of transit services and facilities.

FISCAL IMPACT
The report was completed by the Finance department; therefore, there is no budget impact.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a Title VI report to be submitted to the State and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
The report is required for state and federal funding.

NEXT STEPS
File the report with state agency.

ATTACHMENTS

1. Resolution 2940

2. 2023-06 June Shafter Transit System Title VI Program Update_FINAL

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RESOLUTION NO. 2940

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING AND ADOPTING THE SHAFTER TRANIST SYSTEM TITLE VI 2023

PROGRAM UPDATE
WHEREAS, the City of Shafter desires to comply with Title VI of the Civil Rights Act of 1961, including provisions detailed in the U.S. Department of Transportation’s FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients”:
and
WHEREAS, the City Council of the City of Shafter adopted the Transit System Title VI Program, prepared by Moore & Associates, Inc. for the City of Shafter and the Shafter Transit System on September 15th, 2020; and
WHEREAS, transit systems are required to update their Title VI Programs every three years; and
WHEREAS, the City Council wishes to authorize approval of the Title VI 2023 Program Update as updated by staff, and required by Caltrans and the Federal Transit Administration.

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

Section 1. The title VI Program update of 2023, a copy of which is attached hereto, is hereby approved and adopted.

Section 2. The City Manager or his/her designee is authorized to implement components of the Title VI Program in order to meet federal requirements.

Section 3. The City Manager or his/her designee is authorized to implement policies that may be necessary to comply with subsequent revisions to, or interpretations of, the Civil Rights Act.

Section 4. The Title VI 2023 Program Update may be amended by the City Manager or his/her designee with revisions as directed by Caltrans and/or the Federal Transit Administration, and to incorporate future revisions to Title VI requirements and guidelines by the Federal Transit Administration.

PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2023.
_________________________________
Chad Givens, Mayor
ATTEST:
_________________________________
Yazmina Pallares, City Clerk

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September 5, 2023

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APPROVED AS TO FORM:
_________________________________
Marco A. Martinez, City Attorney

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City of Shafter – Finance Department
2023 Title VI Program Update
Shafter Transit System
June 2023
Page i
Shafter Transit System
2023 Title VI Program Update
Developed June 2023
Adopted by the City of Shafter City Council
September 5, 2023
Prepared by
Finance Department
Roger Sanchez Ruiz, Finance Director
Rocio Mosqueda, Accounting Manager
Chirs Schultz, Assistant IT Manager

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2023 Title VI Program Update
Shafter Transit System
June 2023
Page ii
Shafter Transit System is a public transit program which serves residents and visitors of the city of Shafter, as well as surrounding communities, in Kern County, California.

This document was prepared by Finance Department at the City of Shafter. It has been adopted by the City of Shafter City Council to comply with Title VI of the Civil Rights Act of 1964, including recent provisions detailed in U.S. Department of Transportation’s FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients.”

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2023 Title VI Program Update
Shafter Transit System
June 2023
Page iii

TABLE OF CONTENTS

1. Title VI Notice to the Public and Locations Where Displayed ....................................... 1-1

2. Title VI Complaint Procedures and Form ..................................................................... 2-1

3. List of Transit-Related Title VI Investigations, Complaints, and Lawsuits ..................... 3-1

4. Public Participation Plan .............................................................................................. 4-1 a. Summary of Outreach Efforts .......................................................................... 4-4

5. Language Assistance Plan ............................................................................................ 5-1 a. Four-Factor Analysis......................................................................................... 5-10

6. Membership of Non-Elected Committees and Councils .............................................. 6-1

7. Subrecipient Monitoring and Schedule of Subrecipient Title VI Program Submissions ................................................................................................................. 7-1

8. Title VI Equity Analysis ................................................................................................. 8-1

9. City Council Adoption of Title VI Program .................................................................... 9-1 Appendix ............................................................................................................................. A-1

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Table of Exhibits
Exhibit 1.1 Shafter Transit System Title VI Notice to the Public .............................................. 1-1 Exhibit 1.2 List of Locations Where Title VI Notice Is Posted .................................................. 1-2 Exhibit 2.1 Title VI Complaint Form ........................................................................................ 2-4 Exhibit 3.1 Title VI Investigations, Lawsuits and Complaints Summary Table ......................... 3-1 Exhibit 5.1 Shafter Transit System Fleet List ........................................................................... 5-2 Exhibit 5.2 Racial Breakdown of Total Population of Service Area .......................................... 5-3 Exhibit 5.3 Languages Spoken at Home By Community .......................................................... 5-3 Exhibit 5.4 Total Population by Census Block Group ............................................................... 5-4 Exhibit 5.5 Latino Population by Census Block Group ............................................................. 5-5 Exhibit 5.6 Spanish-Speaking Population by Census Block Group ........................................... 5-6 Exhibit 5.7 School English Learner (EL) Population ................................................................. 5-9 Exhibit 5.8 Implementation Plan ............................................................................................. 5-14 Exhibit 6.1 Sample Non-Elected Committee Membership Table ............................................ 6-1 Exhibit 9.1 City of Shafter Adopting Resolution ...................................................................... 9-1 Appendix
Exhibit A.1 2017 Stakeholder Survey ....................................................................................... A-2 Exhibit A.2 2017 City of Shafter Transit Staff Survey ............................................................... A-4

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June 2023
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City of Shafter – Finance Department PAGE 1-1
2023 Title VI Program Update
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SECTION 1

TITLE VI NOTICE AND LOCATION

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PAGE 1-2
Exhibit 1.1 Shafter Transit System Title VI Notice to the Public

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TITLE VI LIST OF LOCATIONS WHERE TITLE VI NOTICE IS POSTED The Shafter Transit System Title VI Notice to the Public is currently posted at the following locations:

Exhibit 1.2 List of Locations Where Title VI Notice Is Posted Location Name Address City
City of Shafter City Hall 336 Pacific Avenue Shafter, CA City of Shafter Bus Stop 336 Pacific Avenue Shafter, CA Revenue Vehicles ---- ----
Service Brochure ---- ----
City of Shafter Transit Website http://shafter.com/148/Transit ---- The Shafter Transit System Title VI Notice to the Public, Complaint Procedure/Form, and program information are also provided on the City of Shafter Transit website at: https://www.shafter.com/148/Transit

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2023 Title VI Program Update
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SECTION 2

TITLE VI COMPLAINT PROCEDURES AND FORM

TITLE VI COMPLAINT PROCEDURE
Any person who believes that he or she, individually, or as a member of any specific class or persons, has been subject to discrimination on the grounds of race, age, disability, religion, color, sex, or national origin with regard to any Shafter Transit System service, program, or facility, may file a written complaint with the City of Shafter.

A complaint must be filed with 180 days after the date of the alleged discrimination, unless the time for filing is extended by the City.

All complaints alleging discrimination should be submitted in writing directly to the Shafter Transit System Title VI Program Administrator at the address listed below. The Shafter Transit System Title VI Program Administrator or his/her designee shall be responsible for overseeing investigations and responses to complaints of discrimination.

City of Shafter
Attn: Shafter Transit System Title VI Program Administrator 336 Pacific Avenue
Shafter, CA 93263
All complaints should be completed and submitted on the Shafter Transit System Title VI complaint form available online at www.shafter.com/148/Transit, by phone request at (661) 746-5001, or in person at the City of Shafter city hall located at 336 Pacific Avenue, Shafter, CA 93263. Additional accessible formats of the form are also available upon request.

At a minimum, all complaints filed must provide the following information:

1. Complainant's name,

2. Complainant's address,

3. Complainant's phone number,

4. Complainant's email (if applicable),

5. Detailed description of complaint/incident,

6. Date of complaint/incident,

7. Time of complaint/incident,

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8. Location of complaint/incident,

9. Route number (if applicable),

10. Name(s) and contact information of witnesses (if applicable),

11. Any other information relevant to the complaint, and

12. Signature (with date) of person submitting complaint.

Complaints received with incomplete information may result in delayed investigations and responses. All complaints MUST be signed.

Within 10 business days of receiving the complaint, the Shafter Transit System Title VI Program Administrator (City of Shafter’s Administrative Services Director) will review to determine if the City of Shafter has jurisdiction. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by the City.

If the complaint submitted is within the City’s jurisdiction and is complete, a case will be opened and a case number and investigator will be assigned.

If necessary, an investigation will be conducted and completed within 30 days of the receipt of the formal complaint (30-Day Rule).
 If a time extension to the 30-Day Rule is required, the complainant will be notified in writing of the reason for the extension.

If additional information is required to resolve the case, the City may contact the complainant. The complainant has 10 business days from the date of the letter to send requested information to the Title VI Program Administrator investigator. If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days, the City may administratively close the case.

A case may also be closed administratively if the complainant no longer wishes to pursue their case.

Following the investigation, the Title VI Program Administrator will issue one of two letters to the complainant:

1. Closure Letter; or

2. Letter of Finding (LOF).
 A Closure Letter summarizes the complaint allegations and will state that there was no Title VI violation and that the case will be closed.  A LOF will summarize the complaint allegations and the investigation regarding the alleged incident.

If the complainant is unsatisfied with the decision, he/she has 30 days from the date of the City’s Closure Letter or the LOF to appeal to the City of Shafter City Manager or its designee. The complainant is entitled to review the denial, to present additional information and arguments, and to separation of functions (i.e. a decision by a person not involved with the initial decision to deny eligibility). The complainant is entitled to receive written notification of the decision of the appeal and the reasons for it.

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The complainant may also file a complaint directly with the Federal Transit Administration, as follows:

Title VI Program Coordinator
FTA Office of Civil Rights
East Building, 5th Floor – TCR
1200 New Jersey Ave., S.E.

Washington, D.C. 20590.

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Exhibit 2.1 Title VI Complaint Form

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SECTION 3

SUMMARY OF COMPLAINTS, INVESTIGATIONS,

AND LEGAL ACTIONS
Per FTA Circular 4702.1B, “all recipients are required to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin”:
 Active investigations conducted by FTA and entities other than FTA;  Lawsuits; and
 Complaints naming the recipient (i.e., City of Shafter and/or the City of Shafter Transit Dial-A-Ride).

Historically, neither the Shafter Transit System nor the City of Shafter has been subject to any Title VI investigations, Title VI complaints, or Title VI lawsuits. Below is a matrix which will be utilized by City staff to internally track and report any and all future incidents:

Exhibit 3.1 Title VI Investigations, Lawsuits and Complaints Summary Table Case / Reference
Number
Date

MM/DD/YYYY
(Month/Day/Year)
Summary (Include basis of complaint:
race, color, or national origin) Current Status Action(s) Taken Active Investigations
XXX
XXX
Lawsuits
XXX
XXX
Complaints
XXX
XXX

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SECTION 4

PUBLIC PARTICIPATION PLAN
The Shafter Transit System has developed this Public Participation Plan as part of its Title VI Program. The City is committed to ensuring it provides equal and equitable access to its services throughout Shafter in the safest and most cost-effective manner possible. Through a combination of input and insight from community residents, current and prospective riders, community stakeholders, and Shafter Transit System staff, the City of Shafter has enhanced its methodologies of reaching individuals within its service area and will be able to further refine its strategies in the future.

APPROACH TO PUBLIC PARTICIPATION
The public participation process should be considered at the earliest stages of any Shafter Transit System project or service enhancement which may impact the surrounding communities, existing riders, and potential riders. As transit-related services and projects vary in scope and goals, the public participation process should be tailored to most effectively assist each. The following process outlines tools and strategies to ensure that public input is invited and all foreseeable impacts to the service area communities are considered.

Shafter Transit System has developed three prioritized categories of projects which guided the development of minimum public participation requirements. During the initial planning phase of each transit-related project or major service revisions, City of Shafter and transit staff will identify into which level the project falls and develop a tailored participation plan accordingly. At any time during a project’s development and/or implementation process, the project may be reclassified to a higher level, if City of Shafter and transit staff deem appropriate. The levels of public participation are presented below.  Baseline – Routine service, schedule, and system enhancements and revisions. Also includes short (less than one year) term projects where potential impacts to Shafter Transit System and its customers should be considered during planning phases.

Examples include minor revisions to service hours, minor changes to service areas, and impacts to service due to routine maintenance or construction, as well as updates to service branding, fare media, and collateral.
 Moderate – Projects involving a year or longer of development and/or implementation where impacts to existing and future riders must be considered.

Examples include development and implementation of new/expanded services,

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development of Short Range Transit Plans, marketing plans, and facility/storage construction projects, etc. Any project within this level to be conducted by a thirdparty (i.e., consultant or contractor) will include public participation requirements and criteria as part of the RFP process.
 High – Projects involving multiple years of development and/or implementation where impacts to existing and future riders must be considered. Examples include Comprehensive Operational Analysis, development and construction of transit center/facilities, transit system redesign (complete overall of existing system and operations), transition of administration of services, etc. Any project within this level to be conducted by a third-party (i.e., consultant or contractor) will include public participation requirements and criteria as part of the RFP process.

OUTREACH REQUIREMENTS AND ACTIVITIES
The following activities are intended to serve as guidelines for each level of outreach to ensure existing and future riders of Shafter Transit System are provided with equal access and opportunity to participate in transit and transportation planning.

Baseline Level – Minimum Outreach
 Notice for public events may include car-cards, posters, email blasts, notices posted to City website, media releases to local papers, or radio announcements as funding allows. Notices will be posted at least one week prior to the public event.  Notices may be posted at City Hall (Shafter Transit System headquarters), onboard service vehicles, at bus stops/shelters as deemed appropriate, and at key community centers with whom Shafter Transit System has a relationship.  Whenever possible, information regarding public participation opportunities will also be posted on the City of Shafter and/or Shafter Transit System website at least two weeks prior to the event.
 Comments will be accepted at public outreach events and via email, mail, and phone to ensure that all populations have the opportunity to participate.

Moderate Level – Minimum Outreach
 All applicable Baseline Level elements are included within Moderate Level projects.  Unique notices/fliers will be developed and posted a minimum of two weeks in advance for the following outreach activities (as deemed appropriate for each project):
o Focus group participation,
o Stakeholder discussions,
o Community surveying efforts, and
o Customer survey efforts.
 Where more than one workshop or meeting open to the public is planned, the workshops shall be scheduled throughout multiple day-parts (i.e., mornings, afternoons, and evenings) as funding and resources allow to maximize opportunity for participation.

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 Materials may be developed specifically for public participation including FAQ sheets, presentation slides, newsletters, and media releases.

High Level – Minimum Outreach
 All applicable Baseline and Moderate Level elements are included within High Level projects.
 The City shall conduct expanded outreach to community stakeholders and its partners.
 The City shall investigate the establishment of a transit-oriented committee to guide the development and implementation of the project and public participation.  The City shall expand regional entity participation, including but not limited to Kern Council of Governments (Kern COG), Golden Empire Transit District (GET), and other nearby transit operators, by seeking comments and participation in project meetings and planning activities.

Currently, Spanish is the only quantifiable population within the Shafter Transit System service area that is limited in English proficiency. The City will continue assessing the language needs of citizens in its service area through its Language Assistance Plan. Should another population with limited English proficiency reach or surpass population levels as defined by the FTA Title VI Circular (currently five percent of the total service area population or 1,000 persons, whichever is less), the City will reassess this element of its Title VI program and the strategies presented below.

OUTREACH METHODS FOR ENGAGING MINORITY AND LIMITED ENGLISH

PROFICIENT POPULATIONS
Baseline Level – Minimum Minority Outreach
 Notices will be made bilingual, or Spanish-language notices will be developed and posted alongside English notices.
 Spanish-language notices will be posted on all revenue vehicles and at locations that have been identified as key destinations of LEP populations, if such information exists.  Event information on the Shafter Transit System website will be posted in English and Spanish.
 The City will make event information available to community groups and agencies that work with LEP populations, if such contacts exist.  As identified in its Language Assistance Plan, Spanish is the only non-English language which is commonly spoken by residents. Additionally, as reported by the City, nearly all transit staff are fluent in Spanish. As such, existing staff can adequately meet the needs of LEP populations within Shafter Transit System’s service area.  Spanish interpretation or translation at any public meetings or workshop will be provided by City staff as is possible.
 When it is deemed appropriate or necessary, the City will ensure non-English language interpretation is made available.

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Moderate Level – Minimum Minority Outreach
 All applicable Baseline Level elements are included within Moderate Level projects.  The City will continue cultivating relationships with community agencies that serve LEP populations.
 Public outreach events may include attending existing community meetings and gatherings, such as school meetings, farmers markets, faith-based events, and other community activities, in order to invite participation from LEP populations who may not attend City-hosted public events.

High Level – Minimum Minority Outreach
 All applicable Baseline and Moderate Level elements are included within High Level projects.
 As they are identified, translated notices will be sent to Spanish-language print media, newspapers, and/or radio stations.
 The City will ensure that non-English language interpretation will be available at any public meeting or workshop associated with a High Level project as deemed appropriate and necessary.

4.1 SUMMARY OF OUTREACH EFFORTS
There are two primary modes of outreach conducted with respect to the Shafter Transit System, recurring and as-needed. Recurring outreach efforts focus on the sustaining and developing long-term relationships built with local organizations and communities, while ad hoc outreach focuses on supporting and achieving near-term goals such as improving ridership, and promoting enhancements to service provision.

Recurring Outreach Efforts
 Customer Service Interactions – Shafter Transit System customer service staff and drivers field questions and customer service requests from customers and the general public in both English and Spanish on a daily basis. This outreach is considered the primary method of reaching customers who are unable to obtain information from written/posted materials and sources.
 Unmet Needs Hearings – Annual hearings are facilitated by Kern COG to identify unmet transit needs within the city of Shafter. Any identified unmet transit needs deemed reasonable to meet within their service area are prioritized for implementation by the City.
 Public Noticing – Submitted as required to local paper of record. Notices are provided for significant transit-related developments, including planning studies, and revisions to existing services and/or policies.

Completed As-Needed Outreach Efforts
 System Changes – Occur as necessary after obtaining insight from Shafter Transit System staff, local stakeholders, and professional consultation.

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 Stakeholder Survey – In May 2017 a service-area wide stakeholder survey was conducted to obtain insight from various governmental, social services, educational, and faith-based organizations, with respect to their clientele’s ability to speak English and utilize public transit. The survey also identified the likelihood of language barriers to transit usage. A total of 48 organizations were contacted and 10 surveys were completed. Additional information on the survey findings may be found in Chapter 5.

The survey instrument may be found in the Appendix.
 Transit Rate Study – In 2017 the City completed a transit rate study and held a public hearing which was advertised in the paper, posted in vehicles, posted at legally required locations, and advertised on social media. One public comment was received regarding the need for additional fare subsidies for seniors and cited the potential for using grants to fund such a subsidy.

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SECTION 5

LANGUAGE ASSISTANCE PLAN (LEP PLAN)
This Language Assistance Plan, or LEP Plan, was developed concurrently with the development of the Shafter Transit System Title VI Program to ensure its services are accessible to Limited English- Proficient (LEP) individuals. Title VI of the 1964 Civil Right Act is one of two federal mandates that guarantee the provision of meaningful access to federally-funded transit services for LEP individuals:
 Title VI of the 1964 Civil Right Act prohibits federally-funded agencies from discriminating against individuals based on race, color, and national origin and includes meaningful access to LEP customers.
 President’s Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” (August 11, 2000): Instructs federal agencies to improve access to services by mandating that any federally conducted or assisted programs of activities (e.g. recipients of federal funding) must provide meaningful access to LEP customers.

The Shafter Transit System Title VI Program was updated in the spring of 2017 in accordance with FTA Circular 4702.1B, Title VI Requirements and Guidelines for Federal Transit Administration Recipients, October 1, 2012.

The Shafter Transit System Title VI Program Administrator is:

Roger Sanchez Ruiz
Finance Director
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
(661) 746-5001
Email: [email protected]
Additional information regarding the City of Shafter’s Title VI Program is available at www.shafter.com/148/Transit.

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SHAFTER TRANSIT SYSTEM SERVICE AREA AND SERVICES
The City of Shafter is located in California’s Kern County. It is an area primarily rural in character, and home to an agricultural-based economy. Shafter is accessible via three primary roadways: State Highways 43 and 99 and Lerdo Highway. The Dial-A-Ride service area includes the City of Shafter as well as the Census Designated Place (CDP) communities of Mexican Colony and Smith Corner to the south, and the local Shafter-Minter Field airport to the east. Intercity service between the cities of Shafter, Bakersfield, Delano, McFarland, and Wasco, is provided by Kern Regional Transit.

The Shafter Transit System provides a general public, curb-to-curb demand-response service offered Monday through Saturday. Two Dial-A-Ride vehicles are available during regular weekday service hours which are 7:30 a.m. to 4:30 p.m., Monday through Friday; the City is studying the possibility of adding a third vehicle. One vehicle is utilized for Saturday service (10:30 a.m. to 3:30 p.m.). In addition, Shafter Transit System offers limited service to residents in specific areas outside city limits. This limited service is demand-based and therefore does not operate unless requested by customers in advance. The Shafter Transit System fleet inventory is provided below.

Exhibit 5.1 Shafter Transit System Fleet Inventory
Vehicle # Year Vehicle Make Vehicle Model Mileage Fuel
Type
Status
T 14 2012 Dodge Grand
Caravan
113,566 Gas Semi-active
(backup)
T 15 2012 Dodge Grand
Caravan
107,885 Gas Semi-active
(backup)
T 16 2014 Dodge Grand
Caravan
37,710 Gas Semi-active
(backup)
ET 21 2019 Phoenix Zeus E-450 14,268 Electric Active
ET 22 2019 Phoenix Zeus E-450 23,813 Electric Active
The City’s transit program is headquartered at Shafter City Hall located at 336 Pacific Avenue, Shafter, CA 93263.

LANGUAGE ASSISTANCE GOALS
One of the overarching goals of the Shafter Transit System Title VI Program is to ensure meaningful access for LEP customers to transit services, information, and materials through the development of a Language Assistance Plan and by regular evaluation of the developed methods and strategies.

SERVICE AREA DEMOGRAPHICS
The service area demographic analysis describes Title VI-protected populations residing within Shafter Transit System’s service area, including their approximate size and geographic distribution. Title VIprotected populations within the service area include racial minorities and LEP persons. Specific groups considered include:

1. Latino Residents

2. LEP Populations
 Spanish

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The American Community Survey provides information at various levels on multiple topics. For the purposes of this Title VI program, our assessment utilized the population estimates provided in the City of Shafter geographic boundaries, and includes the nearby CDPs of Mexican Colony and Smith Corner.

Exhibit 5.2 Racial Breakdown of Total Population of Service Area Race or Ethnicity Shafter Percent of
Total
Population
Smith
Corner
Percent of
Total
Population
Mexican
Colony
Percent of
Total
Estimate Estimate Estimate Population
White alone (Non-Hispanic) 2,271 14.9% 48 8.1% 18 6.4%
Black or African American alone 290 1.5% 1 0.2% 1 0.4%
American Indian and Alaska Native alone 28 0.1% 11 1.9% 0 0.0% Asian alone 236 1.2% 0 0.0% 0 0.0%
Native Hawaiian and Other Pacific Islander alone 9 0.0% 0 0.0% 0 0.0% Hispanic or Latino 16,017 80.3% 517 87.0% 261 92.2%
Some other race alone 116 0.6% 1 0.2% 0 1.1%
Two or more races: 286 1.4% 16 2.7% 3 0.0%
Total 19,953 100.0% 594 100.0% 283 100.0%
*ACS Five-Year estimates (2016-2020)
As the American Community Survey data in the tables below show, approximately 34.8 percent of Shafter Transit System service area residents spoke only English at home, while approximately 65.2 percent spoke a language other than English. Of those households within the service area that do not speak English “very well”, most spoke Spanish
Exhibit 5.3 Languages Spoken at Home By Community
DAR Service Area City of Shafter Mexican Colony CDP Smith Corner CDP Population Percent of
Total Population Percent ofTotal Population Percent ofTotal Population Percent ofTotal Total Population** 19,278 - 18,672 - 338 - 268 -
Total Speak Only English 6,705 34.8% 6,508 34.9% 155 45.9% 42 15.7% Total Speak Language Other than English 12,573 65.2% 12,164 65.1% 183 54.1% 226 84.3% Total Speak English "very well" 4,489 23.3% 4,179 22.4% 144 42.6% 166 61.9% Total Speak English less than "very well" 5,506 28.6% 5,295 23.7% 80 23.7% 131 48.9% Speak English Less Than "Very Well" Detail
Speak Spanish 5,286 27.4% 5,075 27.2% 131 48.9% 80 23.7% European 23 0.1% 23 0.0% 0 0.0% 0 0.0%
Asian 53 0.3% 53 0.0% 0 0.0% 0 0.0%
Other 217 1.1% 217 0.0% 0 0.0% 0 0.0%
*ACS Five-Year estimates (2016-2020)
**Population 5 years and older

DEMOGRAPHICS BY CENSUS BLOCK GROUP
This section takes a closer look at the overall demographic characteristics discussed in the previous section, using block group-level American Community Survey data to show the geographic distribution of various populations.

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TOTAL POPULATION
Not surprisingly, the greatest concentration of the approximately 20,830 people in the Shafter Transit System service area lives within the City of Shafter boundaries along the southwestern-most portion of the city bounds. Much smaller concentrations of service area residents live within the Mexican Colony and Smith Corner CDPs.

Exhibit 5.4 Total Population by Census Block Group

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ETHNICITY
The 2020 American Community Survey reveals the Hispanic/Latino population makes up the largest group at 80.6 percent, followed by White (Non-Hispanic) at 14.6 percent. Other racial or ethnic groups making up service area population include African American (1.4 percent), American Indian and Alaska Native (0.2 percent), and Asian (1.1 percent).

Exhibit 5.5 illustrates the Hispanic/Latino population residing in each census block group within the Shafter Transit System service area. The proportion of each geographic area that is Latino follows the proportions of the general population, with the majority of Latinos residing near community centers.

Shafter Transit System will continue to monitor the availability of services as it relates to the location of Latino populations so as to avoid under-serving these areas.

Exhibit 5.5 Latino Population by Census Block Group

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LEP POPULATIONS
Spanish-Speaking
The exhibit below presents the distribution of people who speak Spanish at home in the Shafter Transit System service area. Given there are 12,280 Spanish speakers in the service area, of which more than half (5,506) speak English less than “very well,” it is important for the City to continue its efforts to ensure Spanish-speaking residents have sufficient resources to access available services. Such measures, as will be described in our Implementation Plan, include producing written rider information in Spanish as well as providing Spanish translators for public meetings regarding the City’s public transit service.

Exhibit 5.6 Spanish-Speaking Population by Census Block Group

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LANGUAGE SERVICE PROVISION
Interpretation Protocol

1. As discussed in the Service Area Demographics section, Spanish was the only LEP population identified within Shafter Transit System’s service area using 2020 American Community Survey data as well as outreach efforts as described in Chapter 4 Sections A. The City has indicated that among the current 19 Shafter Transit System employees, 17 are fluent Spanish-speakers. As such, should a non-Spanish speaker answer a phone call that requires translation, there are ample employees available to assist. In addition, the City has established a contract with Language Line to provide simultaneous interpretation for callers and for customers in service centers with whom staff cannot communicate. When a customer calls Shafter Transit System directly and a staff member cannot communicate with them, staff will connect with Language Line to translate. This step will be followed for customers at the Main Office. If there is no staff member available who can translate, Language Line services will be used.

2. Simultaneous interpretation at public events will be determined on a case-by-case basis by examining several factors, such as:
 The type and size of event,
 The availability of a Shafter Transit System staff member to interpret, or  The availability of a staff member of a host organization to interpret.

For modest outreach events, such as Baseline Level activities, proactive outreach, or smaller transit awareness events, bilingual staff members will assist with translation where appropriate and feasible. For Moderate and High Level public outreach events, where it is appropriate and necessary to do so, the Shafter Transit System will arrange for an interpreter through a local or regional service.

TRANSLATION OF VITAL DOCUMENTS
Based on the results of the Four Factor Analysis, the following vital documents will be translated into Spanish, the sole identified LEP language within the Shafter Transit System service area. It should be noted this listing does not include vital documents which are already available in Spanish (such as the Dial-A-Ride program brochure).

Vital Documents – Near-term

1. Title VI Program
 Title VI Notice to the Public,
 Complaint Form, and
 Complaint Procedures.

2. ADA Application
Vital Documents – Mid-term

1. Signage advertising the Shafter Transit System language assistance program.

2. Information available on the Shafter Transit System web page.

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CITY OF SHAFTER WEBSITE
The Shafter Transit System-specific web page is hosted on the City of Shafter website.

1. All translated vital documents have been posted and are available for download on the City’s transit web page.

2. The City has installed a website translator widget that includes more than 90 languages.

MONITORING, EVALUATING, AND UPDATING THE LAP
A thorough review of this Language Assistance Plan will be undertaken every three years concurrent with updating and submitting the City’s public transit Title VI Program. At that time, the LEP population will be reassessed, to ensure all significant LEP languages are included in Shafter Transit System language assistance efforts. The following reoccurring reporting and evaluation measures will be used to update the Language Assistance Plan.

Shafter Transit System will regularly assess the effectiveness of how it communicates with LEP individuals by:
 Including questions about language assistance and information needs on any community surveys;
 Conversations with stakeholders, organizations, and entities which work with LEPs; and
 As-needed outreach with LEP groups.

Shafter Transit System will monitor its language assistance efforts, including:
 Recording and reporting on customer service interactions with LEP individuals,  Incorporating discussion of Title VI into regular operations meetings, and  Updating the Language Assistance Plan based on feedback received.

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STAFF TRAINING
The Shafter Transit System has incorporated the following into existing staff training guidelines for staff:
 How to respond to LEP callers,
 How to respond to correspondence from LEPs,
 How to respond to LEPs in person,
 How to document LEP needs, and
 How to respond to civil rights complaints.

CITY OF SHAFTER ENGLISH LEARNER DATA
To effectively identify the LEP populations within the Shafter Transit System service area, and to begin monitoring/tracking changes in those groups, Shafter Transit System reviewed English Learner (EL) statistics for students within the city of Shafter. Public schools within the California Department of Education (CDE) must report on their students who are English Learners – students whose native tongue is a language other than English – as well as which language is their mother tongue. This data is available online via CDE’s DataQuest website, http://dq.cde.ca.gov/dataquest/.

Shafter Transit System accessed the available EL data for the 2019/2020 school year to complete its comprehensive assessment of the communities it provides service to, including what LEP populations exists and where these groups may be concentrated. Periodically reviewing this data will enable Shafter Transit System to monitor which non-English languages (other than Spanish) are growing in order to provide appropriate language assistance services.

Consistent with data from the 2020 American Community Survey, the vast majority of EL students in the Shafter Transit System service area speak Spanish. The next largest non-English speaking group cited speaks Arabic. It is unlikely that an additional language will trigger the Safe Harbor Provision prior to the required updating of its Title VI Plan, though the City will continue to periodically monitor EL populations so as to ensure compliance with Title VI regulations. Detailed counts and relative percentages are presented in the table below.

Exhibit 5.7 School English Learner (EL) Population
Name of School Language
Arabic Russian Other Spanish
Golden Oak Elementary 5 0 1 319
Grimmway Academy 0 1 5 164
Redwood Elementary 8 0 0 375
Sequoia Elementary 28 0 1 202
Richland Junior High 5 0 0 163
Shafter High 11 0 0 218
Total 57 1 7 1,441
Percent of EL Population
(Total 1,506 EL Students) 3.8% 0.1% 0.5% 95.7%

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5.1 FOUR-FACTOR ANALYSIS
The U. S. Department of Transportation (USDOT) requires transit funding recipients to take reasonable steps to ensure meaningful access to programs by limited English proficient (LEP) persons. As a recipient, the Shafter Transit System must perform a Four Factor Analysis to assess language needs and determine what steps it will take to ensure LEP persons can effectively access and utilize transit services. The four factors analyzed are described below.

Factor 1: The number or proportion of Limited English Proficiency (LEP) persons eligible to be served or likely to be encountered by Shafter Transit System services.

Estimating the number or proportion of LEP individuals that may be encountered by Shafter Transit System will help identify the populations covered by the USDOT’s Safe Harbor Provision. This provision stipulates that if an LEP group speaking a non-English language constitutes five percent or 1,000 persons, whichever is less, of the total population of persons likely to be encountered by transit services, then the service provider must make the following materials and services available to speakers of that language:
 Documents critical for accessing recipient’s services or benefits,  Letters requiring response from customer,
 Informing customers of free language assistance,
 Complaint forms, and
 Notification of rights.

As discussed in the Service Area Demographics section, the two largest LEP populations in the Shafter Transit System service area are identified as Spanish and/or Arabic speakers. As of the 2020 ACS, there were 5,286 LEP Spanish speakers, comprising 27.4 percent of the service area population, who reported speaking English less than “very well.” This significant population means the Safe Harbor Provision would apply to Shafter’s Spanish-speaking population, requiring the City to provide the materials listed above.

The 57 LEP Arabic speakers, which comprised 3.8 percent of the service area population, did not meet either threshold for the Safe Harbor Provision.

Factor 2: The frequency with which LEP persons come into contact with the City’s transit services.

In order to estimate how often LEP populations come into contact with the City’s transit services, we relied on staff and driver interview data. As drivers are typically on the “front lines” and most frequently come into contact with transit patrons, their observations and insights provide an informative picture of how many LEP persons use the Shafter Transit System.

Data from the 19 completed staff and driver surveys generally corroborate the findings described in the Service Area Demographics section, indicating Spanish speakers to be the largest LEP population. Specific highlights from the driver survey include:
 90 percent of staff speaks Spanish as part of their daily work (17 of 19 respondents).

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 90 percent of staff indicated Spanish as the most common language other than English they encounter during their work, while 5.3 percent reported encountering Arabic. (Note: 5.3 percent equals one response.)
 21 percent stated that they encountered more than ten unique patrons each week who did not speak English “very well” or at all.
 15.8 percent of staff indicated occasional problems being able to communicate with individuals who do not speak English.
 The most commonly cited material/service believed to be of most value to LEP persons was the service brochure (68.4 percent), which is already translated to Spanish.
 52.6 percent of respondents indicated not experiencing any communication barriers.

The second most cited language/communication barrier topics were “Basic directions/instructions” (36.8 percent), followed by “How to use Shafter Transit” (10.5 percent).

A copy of the staff survey instrument is presented in the Appendix.

Factor 3: The nature and importance of the City’s transit services to affected LEP populations.

To better understand Shafter Transit System’s role among LEP populations, we contacted 48 local stakeholders comprised of social service agencies, senior centers, faith-based organizations, and educational institutions. These stakeholders act as representatives for, or come into frequent contact with, LEP populations. Of the groups contacted, 10 completed our stakeholder survey (survey instrument is provided in the Appendix). Together, these stakeholders provided important insight into the City’s public transit service area’s key LEP groups. As representatives who serve as leaders for these communities, they are attuned to the needs and potential language barriers members of these communities may face when using Shafter Transit System.

Nearly all stakeholders reported having clients or members who were Spanish-speakers. Arabic was also identified as a language encountered by the responding organizations.  Of the responding organizations, 80 percent indicated membership of over 50 persons. One organization reported a membership of between 21 and 50 persons, while one organization reported a membership of between 11 and 20 persons.  Seventy percent of respondents indicated having Spanish-speaking members who speak English less than “very well.” Only three organizations indicated their Spanishspeaking members speak English “very well.”  Fifty percent of organization indicated having clients who utilized Shafter Transit System.
 Thirty percent of stakeholders reported that language acted as a barrier for clients or members in using the Shafter Transit System. All three of those stakeholders reported that the clients who experienced the barriers were native Spanish speakers.

Overall, our stakeholder survey responses indicate that Spanish speakers are most likely to depend on Shafter Transit System and face language-related barriers to using the City’s public transit service.

Therefore, in terms of outreach, it is important the City continue its efforts to address language-related

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barriers faced by the Spanish-speaking population, such as ensuring key written materials such as rider information are translated, and that bilingual staff members are available as needed.

These findings are in line with American Community Survey findings and reinforce Spanish as the only LEP language which the City should focus on at this time.

Factor 4: Resources available to the recipient for LEP outreach and the associated costs.

As the section covering demographics demonstrates, the Spanish-speaking LEP population is sufficiently large that the City must take measures to minimize language barriers faced by these groups. To address these barriers and fulfill the LEP requirements required under the Safe Harbor Provision, the City provides staff, written materials, and online and phone services in Spanish.

SPANISH-SPEAKING STAFF
According to the staff survey, there are 17 Shafter Transit System employees who speak Spanish. In connection with their daily customer service responsibilities, each of these employees utilizes his/her language skills to assist Spanish-speaking LEP persons whenever possible.

Cost: No additional cost anticipated.

WRITTEN MATERIALS TRANSLATED INTO SPANISH
The City has translated essential rider information and service notice documents. These materials include the Dial-A-Ride service brochure, all notices related to service changes or updates, as well onboard notices in Spanish informing riders of their rights under Title VI. A new service brochure that will be distributed beginning in June 2017 has been translated into Spanish. In addition, all Safe Harbor Provision materials have been or will be translated into Spanish.

Cost: No additional cost anticipated. Future translation costs for written documents anticipated to be translated by current staff.

PHONE SERVICES
Nearly all Shafter Transit System staff (as well as other City of Shafter employees who may come into contact with transit customers) speak Spanish. As a part of this program, the City has contracted with a live translation service (Language Line) which will be available to all transit customers, and will also allow for real-time assistance to customers at the City’s main office or those who call into the City’s main phone number. Initial contact is made with a City employee who then determines if language assistance is required. The City employee dials into Language Line, enters the appropriate PIN, and can reach a live translator for over 300 languages.

Cost: Estimated audio cost of $3.95 per minute for all languages and $4.95 per minute for video.

WEB SERVICES IN SPANISH
The City of Shafter currently provides Spanish translation of its website content through Google Translator. The City has uploaded all applicable Title VI documents and notices to its transit webpage as a part of this program.

Cost: No additional cost anticipated. Future translation costs for written website text anticipated to be completed by existing staff.

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EVENT TRANSLATION IN SPANISH
The City of Shafter will schedule and arrange for live Spanish translation at all vital events/workshops/meetings. The primary source for this translation will be current Shafter Transit System staff (as available) and professional translation services as necessary.

Cost: Variable, will be based primarily on employee salary hourly rate and the number of events were Spanish translation is required/requested. All California labor laws will be adhered to.

SERVICES IN OTHER LANGUAGES
As the demographics section describes, there are small populations (aside from Spanish-speaking) which speak languages other than English within the Shafter Transit System service area. However, at this time the number of people who speak these languages who also speak English “less than very well” is well below the Safe Harbor threshold of 1,000 speakers. In addition, stakeholder and driver surveys did not reveal any significant language-related barriers to using public transit for these speakers. Therefore the City is not required to provide translations of written documents nor is it required to advertise free translation services for these languages.

IMPLEMENTATION PLAN
The matrix below presents an implementation Plan for ensuring the Language Assistance Plan is quickly and efficiently implemented.

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City of Shafter – Finance Department
2023 Title VI Program Update
Shafter Transit System
June 2023
PAGE 5-14
Exhibit 5.8 Implementation Plan
Goal Task Completion
Target/Status
Assess LEP Population in
the Shafter Transit
System Service Area
Title VI Four-Factor Analysis Completed
Community Survey 2020
Stakeholder Survey 2020
Shafter Transit System Staff Survey 2020
Demographics Analysis 2020
Develop Language
Assistance Procedures
Develop Title VI Customer Service Procedures for Title VI complaints and concerns Completed
Develop Shafter Transit System Policy regarding competency of Title VI translations and interpreters Completed
Staff Training
Identify Shafter Transit System staff with likely contact with LEP individual Completed
Develop curriculum for training of Shafter Transit System staff Completed
Training of Shafter Transit System staff in Title VI Customer Service Procedures Ongoing
Develop refresher training schedule for tenured employees Completed Develop driver "Language Phrase Card" Completed
Notification to LEP
Persons of Title VI Rights
and Materials
Inventory existing notification methodologies and/or
locations Completed
Post Title VI Notice in public locations. Completed
Translate vital documents into Spanish Completed
Translate Shafter Transit System web page into Spanish Completed Develop, translate, and post notice of Language Assistance options Completed
Undertake targeted outreach to LEP populations Ongoing asneeded Monitor and Update
Language Assistance Plan
Assign administration of Title VI Program Completed
Develop process for obtaining feedback on language
assistance measures Completed
Regularly review ACS and Census demographic data Ongoing Receive and review reports from Language Line translation assistance services phone line Ongoing
Incorporate discussion of Title VI into regular staff meetings and training Ongoing
Update Language Assistance Plan based on feedback
received Ongoing

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City of Shafter – Finance Department PAGE 6-1
2023 Title VI Program Update
Shafter Transit System
June 2023
SECTION 6

SUMMARY OF NON-ELECTED COMMITTEE MEMBERSHIP
The Shafter Transit System does not include a non-elected committee or advisory body to assist with the transit program.

If in the future a non-elected committee or advisory body is established, a summary of the committee members reflective of ethnicity/race, and a description of efforts made to encourage the participation of minorities on the said committee will be provided in this section utilizing the table below.

Exhibit 6.1 Sample Non-Elected Committee Membership Table Race/Ethnicity Service Area Population
(Percentage)
Committee/Council
(Percentage)
Caucasian XX.X% XX.X%
Hispanic/Latino XX.X% XX.X%
Black/African American XX.X% XX.X%
Asian XX.X% XX.X%
Native American XX.X% XX.X%
Member participation and selection will be monitored by the City’s Title VI Program Administrator.

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2023 Title VI Program Update
Shafter Transit System
June 2023
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City of Shafter – Finance Department PAGE 7-1
2023 Title VI Program Update
Shafter Transit System
June 2023
SECTION 7

SUBRECIPIENT MONITORING AND SCHEDULE OF

SUBRECIPIENT TITLE VI PROGRAM SUBMISSIONS
The Shafter Transit System does not have any subrecipients of Federal funding at this time and does not anticipate expanding to include subrecipients.

If in the future the City of Shafter elects to expand its transit program and begins contracting with subrecipients, the City will ensure compliance with Title VI regulations by updating this element of its Title VI program to include the monitoring methodology and reporting schedules for all subrecipients.

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City of Shafter – Finance Department PAGE 7-2
2023 Title VI Program Update
Shafter Transit System
June 2023
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City of Shafter – Finance Department PAGE 8-1
2023 Title VI Program Update
Shafter Transit System
June 2023
SECTION 8

TITLE VI EQUITY ANALYSIS
Title VI regulations require the completion of an Equity Analysis whenever a recipient or subrecipient begins planning the locating and construction of a new transit facility (not including bus shelters, transit stations, power substations, or other facilities already evaluated through NEPA).

The City of Shafter has not undertaken any construction projects for facilities at a new location in recent years. Therefore, no Equity Analysis is required at this time.

If in the future the City of Shafter begins planning for the development and construction of a new transit facility, the City will conduct an equity analysis prior to the selection of a construction site inclusive of the Title VI requirements below:
a. The City of Shafter shall complete a Title VI equity analysis during the planning stage with regard to where a project is located or sited to ensure the location is selected without regard to race, color, or national origin. The City shall engage in outreach to persons potentially impacted by the siting of facilities. The Title VI equity analysis shall compare the equity impacts of various siting alternatives, and the analysis shall occur before the selection of the preferred site.
b. When evaluating locations of facilities, the City shall give attention to other facilities with similar impacts in the area to determine if any cumulative adverse impacts might result. Analysis shall be done at the Census tract or block group where appropriate to ensure that proper perspective is given to localized impacts. c. If the City of Shafter determines that the location of the project will result in a disparate impact on the basis of race, color, or national origin, the City may only locate the project in that location if there is a substantial legitimate justification for locating the project there, and when there are no alternative locations that would have a less disparate impact on the basis of race, color, or national origin. The City shall show how both tests are met. It is important to understand that in order to make this showing, the City shall consider and analyze alternatives to determine whether those alternatives would have less of a disparate impact on the basis of race, color, or national origin, and then implement the least discriminatory alternative.

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City of Shafter – Finance Department PAGE 8-2
2023 Title VI Program Update
Shafter Transit System
June 2023
The equity analysis of the development and construction of any such facility shall be completed and submitted as part of the City’s subsequent Title VI program update.

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City of Shafter – Finance Department PAGE 9-1
2023 Title VI Program Update
Shafter Transit System
June 2023
SECTION 9

CITY COUNCIL ADOPTION OF

SHAFTER TRANSIT SYSTEM TITLE VI PROGRAM UPDATE

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City of Shafter – Finance Department PAGE 9-2
2023 Title VI Program Update
Shafter Transit System
June 2023
[Pending approval of resolution by City Council]

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City of Shafter – Finance Department PAGE A-1
2023 Title VI Program Update
Shafter Transit System
June 2023

APPENDIX

SURVEY INSTRUMENTS

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City of Shafter – Finance Department
2023 Title VI Program Update
Shafter Transit System
June 2023
PAGE A-2
Exhibit A.1 2017 Stakeholder Survey

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City of Shafter – Finance Department
2023 Title VI Program Update
Shafter Transit System
June 2023
PAGE A-3

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City of Shafter – Finance Department
2023 Title VI Program Update
Shafter Transit System
June 2023
PAGE A-4
Exhibit A.2 2017 City of Shafter Transit Staff Survey

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: September 5, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rogelio Sanchez, Finance Director
SUBJECT: ADOPTION OF RESOLUTION ADOPTING THE 2023 ZERO
EMISSION BUS (ZEB) ROLLOUT PLAN FOR SHAFTER DIAL-ARIDE

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and adopt Resolution 2941, a Resolution of the City Council of the City of Shafter adopting the 2023 City of Shafter Zero Emission Bus (ZEB) Rollout Plan.

BACKGROUND
The California Air Resource Board’s (CARB) Innovative Clean Transit regulation (ICT) became effective October 1, 2019. The ICT requires that public transit agencies transition bus fleets to zero-emission technologies by 2040. The ICT applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds. It includes standard, articulated, over-the-road, double-decker, and cutaway buses. The ICT requires a percentage of new bus purchases to be Zero Emission Buses (ZEB). The ZEB percentage increases gradually with time.

Given that the City operates its transit system, it must develop a ZEB Rollout Plan that identifies how it will transition its bus fleet to 100 percent ZEB by 2040. The ZEB stipulates that small transit agencies, defined as an agency that operate fewer than 100 buses, are required to comply beginning in 2026. These requirements are phased in as follows:
▪ Effective January 1, 2026, 25 percent of the total number of new bus purchases in each calendar year must be zero-emission buses; and
▪ Effective January 1, 2029, all new bus purchases must be zero-emission buses with a goal of complete transition to ZEBs by 2040.

ANALYSIS
The purpose of the ZEB Rollout Plan is expected to serve as a guide during the transition. The plan provides estimated timelines based on the City’s replacement program. As outlined in the ICT guidance, the following sections are included as

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ADOPTION OF RESOLUTION ADOPTING THE 2023 ZERO EMISSION BUS (ZEB) ROLLOUT

PLAN FOR SHAFTER DIAL-A-RIDE
- 2 -
required:

A. Transit Agency Information
This section provides an overview of the current service levels provided by Shafter DialA-Ride, including service areas, facilities, and route information.

B. Rollout Plan General Information
This section provides the timeline requirements related to zero-emissions bus purchases.

C. Technology Portfolio
This section provides an overview of the City’s current fleet portfolio.

D. Current Bus Fleet Composition and Replacement Schedule This section provides additional details related to the City’s fleet portfolio and an overview of the City’s fleet replacement schedule.

E. Facilities and Infrastructure Modifications
This section provides an overview of facilities and transit operations, including detail related to the Shafter Transit Center.

F. Services in Disadvantaged Communities
This section defines Disadvantaged Communities and includes a map of these communities within Shafter's service area.

G. Workforce Training
This section provides an overview of how workforce training will be implemented.

Training will include the maintenance of ZEBs.

H. Potential Funding Sources
This section provides a brief overview of the City’s potential funding sources.

I. Start-Up and Scale-Up Challenges
This section provides potential challenges in implementing the ZEB Plan including resiliency related to vehicle charging, costs, and technology uncertainties concerning Battery Electric Buses.

FISCAL IMPACT
The report was completed by the Finance Department; therefore, there is no budget impact.

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ADOPTION OF RESOLUTION ADOPTING THE 2023 ZERO EMISSION BUS (ZEB) ROLLOUT

PLAN FOR SHAFTER DIAL-A-RIDE
- 3 -

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
As an alternative, Council may choose not to approve the Zero Emission Bus Rollout Plan. As a result, the City’s transit would more than likely be deemed out of compliance with the CARB-ITC and would not meet ICT Regulation, 13 CFR Article 4.3. The City will also be considered out of compliance with the FTA’s Zero-Emission Transition Plan which includes zero-emission vehicle grant opportunities.

NEXT STEPS
File the report with state agency.

ATTACHMENTS

1. Resolution 2941

2. Attachment A to Resolution 2941

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RESOLUTION NO. 2941

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER CALIFORNIA ADOPTING THE 2023 CITY OF SHAFTER ZERO EMISSION BUS (ZEB) ROLLOUT PLAN
WHEREAS, on October 1, 2019, the California Air Resource Board’s (CARB) Innovative Clean Transit regulation (ICT) became effective; and; and WHEREAS, the Zero Emissions Bus (ZEB) stipulates that small transit agencies, defined as an agency that operate fewer than 100 buses, are required to comply beginning in 2026; and WHEREAS, the purpose of the ICT requires all public transit agencies to gradually transition bus fleets to zero-emission technologies by 2040; and WHEREAS, the City must develop a ZEB Rollout Plan to fulfill this requirement and submit such Plan to CARB by June 30, 2023; and
WHEREAS, the City has completed the ZEB Rollout Plan on September 2023 due to unforeseen delays within the finance department.

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

1. The above recitals are true and correct.

2. The Council hereby adopts the 2023 City of Shafter Emission Bus Rollout Plan attached as Attachment A to this resolution and incorporated by reference.

3. This resolution is effective immediately upon adoption.

PASSED, APPROVED THIS 5th DAY OF SEPTEMBER 2023.

Chad Givens, Mayor
ATTEST:

Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

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CITY OF SHAFTER DIAL-ARIDE 2023 ZERO-EMISSION

VEHICLE TRANSITION PLAN

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CITY OF SHAFTER DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Section A. Transit Agency Information
City of Shafter – Dial-a-Ride
336 Pacific Avenue
Shafter, CA 23263
661-746-2955
https://www.shafter.com/148/Transit
Air District: San Joaquin Valley Air Pollution Control District Name of Transit Agency’s Air Basin(s): San Joaquin Valley Air Basin Total Number of Buses in Annual Maximum Service: 3
Contact information:

Rocio Mosqueda
Accounting Manager
661-746-5015
[email protected]
https://www.shafter.com/148/Transit
Joint Group: The City of Shafter is not part of a Joint Group

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CITY OF SHAFTER DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Section B. Rollout Plan General Information
The City of Shafter Dial-a-Ride has a goal to fully transition to zero- emission buses well ahead of the 2040 deadline to begin purchasing only zero-emission technologies. The City plans to fully transition to 100% battery-electric buses (BEB) between 2024 and 2032. This transition will not entail the early retirement of any City vehicles.

This Plan was prepared by City Staff. The City Council approved the plan on September 5, 2023. A copy of the approved resolution is attached in Appendix A.

For any additional information regarding the Rollout Plan, please contact:

Rocio Mosqueda
Accounting Manager
661-746-5015
[email protected]

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CITY OF SHAFTER DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Section C. Technology Portfolio
Types of zero-emission bus technologies to be deployed through 2040 The City of Shafter Dial-a-Ride plans to deploy battery electric through 2040.

Section D: Current Bus Fleet Composition and Future Bus Purchases Existing Bus Fleet
The City of Shafter operates an on-demand service, Monday through Friday. The City of Shafter currently has a total of two (2) shuttles and one (3) vans. The vans are not required for inclusion in the rollout plan but are described for context. The shuttle buses are electric. The remaining backup vans are fueled by gasoline. The model years for the two shuttles are from 2019, as seen in Table 1: Individual Bus Information of Current Bus Fleet. The City of Shafter plans to continue using this fleet until it is depleted or 2040, whichever comes first.

Table 1: Individual Bus Information of Current Bus Fleet Number of
Buses
Engine
Model Year
Bus Model
Year
Fuel Type Bus Type
1 2019 2019 Electric Shuttle
1 2019 2019 Electric Shuttle
1 2014 2014 Gasoline Van
1 2012 2012 Gasoline Van
1 2012 2012 Gasoline Van

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CITY OF SHAFTER DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
For all intends and purposes, the City of Shafter is currently operating with two Electric Vehicles (EV) which include two 2019 ZEUS 400 from Phoenix Motorcars (Ford E450 Chassis). In fact, the city has been operating EV since 2015 with three 2015 EV from Zenith Motors and one 2016 EV from Zenith Motors with a wheelchair lift. EV are on a developing stage as an industry which have proven to be unreliable at times. The reliability issues have compelled the City to rely on the older gasoline models during repairs and maintenance. The City’s management team hopes that EV industry will continue to mature in the upcoming decade. In the meantime, the city plans to purchase two hybrid vans as a backup during EV repairs and maintenance. This plan will help us transition into 100% EV by 2040.

Currently, (1) Ford Cutaway E450 bus from Endera and two (2) Toyota Hybrid Sienna’s are being considered for purchase. Endera’s Ford E450 cutaway bus is approximately 24 feet in length with a seating capacity of fourteen (14). The two Hybrid Vans from Toyota have a seating capacity of seven each.

The Cutaway has a battery capacity of 150 kWh and an advertised battery consumption rate of .8 kWh/mi. It has a 135-mile range per the manufacturer. The estimated cost is $239,811.76 (with the state HVIP Program voucher). The two Toyota Hybrid Vans are estimated to cost $60,000 each.

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Section E: Facilities and Infrastructure Modifications
The City of Shafter has been operating EV since 2015. Current Public Works Yard has already been modified with various EV chargers and parking space to handle existing EVs. Among the retired EV fleet include three 2015 EV from Zenith Motors and one 2016 EV from Zenith Motors with a wheelchair lift.

The current operational EVs include two 2019 ZEUS 400 from Phoenix Motorcars (Ford E450 Chassis).

The Public Works yard will continue to house existing and future fleet inventory.

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Section F: Providing Service in Disadvantaged Communities According to the California Office of Environmental Health Hazard Assessment (OEHHA), disadvantaged communities are defined as the top 25% in terms of scoring in the CalEnviroScreen. CalEnviroScreen is a tool that identifies communities that are most vulnerable to pollution by using environmental, health, and socioeconomic data to produce a score for every census tract within the state of California.

Deploying zero-emission vehicles in DACs helps to reduce pollution levels in these areas, thereby lowering the impact of pollution on more sensitive populations.

According to the OEHHA Disadvantage Communities map the City of Shafter is identified as a disadvantaged community, as shown in Figure 2: City of Shafter Disadvantaged Community Map.

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Figure 2: City of Shafter Disadvantaged Community Map
SB 535 Disadvantaged Communities 2022 (Census Tracts and Tribal Areas) Source: https://experience.arcgis.com/experience/1c21c53da8de48f1b946f3402fbae55c/page/SB-535-DisadvantagedCommunities/

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
Section G. Workforce Training
The City of Shafter already operates electric vehicles and related charger. Shafter has one vehicle maintenance staff member for all current fleet including police, streets, water, wastewater, building, and administration. It is not possible for current resources to keep up with so many vehicles; therefore, the city relies on manufactures and vendors with proper knowledge within the EV industry.

Surrounding cities within Kern County has limited knowledge on future maintenance for the EV industry. Recent repairs and maintenance have been costly and unreliable as provided by EV manufacturers from Southern California area. The management team hopes that the current workforce will obtain proper training as the EV industry becomes more prevalent on the San Joaquin Valley.

The short-term solution is to rely on hybrid vehicles as a backup to the newly created EV industry.

Section H: Potential Funding Sources
The City of Shafter is actively pursuing grant funding sources to comply with the State of California’s Zero-Emission Bus (ZEB) Rollout Plan. Funding for zeroemission vehicles will require external financial assistance due to the cost in comparison to conventional fueling-operated transit vehicles. It is imperative that the City seeks funding opportunities that will reduce the financial burden and provide the resources to obtain alternative transit vehicles that will reduce greenhouse gas emissions in the community. Before ZEB procurement, the City will assess its financial feasibility to purchase zero-emission vehicles and align with Federal, State, and local ZEB adoption goals.

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
The following list of current and potential funding sources is available:

FUNDING SOURCE FUNDING SOURCE OVERVIEW
CalSTA Transit and Intercity Rail Capital
Program (TIRCP)
The Transit and Intercity Rail Program
(TIRP), administered by the California
State Transportation Agency (CalSTA)
and is a competitive statewide
program created to fund
transformative capital improvements
that will modernize California’s
intercity, commuter, and urban rail
systems, and bus and ferry transit
systems, to significantly reduce
emissions of greenhouse gases, vehicle
miles traveled, and congestion.

Formula Grants for Rural Areas- Section
5311
Funding is apportioned to states under
FTA Section 5311 for distribution to
eligible funding sub-recipients. Caltrans
issues an annual call for projects, and
transit operators submit applications
through BlackCat detailing how they
propose to use the funds. In 2022,
Caltrans began using a consolidated
application for calls for projects for FTA
Sections 5311, 5311(f), CMAQ, and
5339. Capital projects – including
vehicles, equipment, facilities, and
maintenance – are eligible expenses
under Section 5311. Under Caltrans,
the funding split for capital projects is

88.53 percent federal and 11.47
percent local funds, although CMAQ
projects may be approved for up to 100
percent federal funding. Capital

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CITY OF WASCO DIAL-A-RIDE
2023 ZERO-EMISSION VEHICLE TRANSITION PLAN
funding is not available under Section
5311(f) (Intercity Bus).

Hybrid and Zero-Emission Truck and The California Hybrid and ZeroBus Voucher Incentive Project (HVIP) Emission Truck and Bus Voucher Incentive Project (HVIP) supports the
deployment of near-zero and zeroemission technologies by making clean vehicles more affordable for fleets
through point-of-purchase price
reductions. The City will work with an
approved transit vehicle dealership to
apply and deduct the voucher incentive
on overall near-zero and zero-emission
transit-related vehicle purchases.

Buses and Bus Facilities Formula FTA Section 5339 is a grant program Program- Section 5339 (a) providing funding for bus and bus facilities. Section 5339 (a) is a formula
grant provided by the Federal Transit
Administration (FTA). The grant
provides funding to states and transit
operators through a statutory formula
to replace, rehabilitate, and purchase
buses and related equipment and to
construct bus-related facilities. In
addition to the formula allocation, the
Grants for Buses and Bus Facilities
program (49 U.S.C. 5339) includes two
discretionary components: the Bus and
Bus Facilities Discretionary Program
(5339(b)) and the Low- or No-Emissions
Bus Discretionary Program (5339(c)).

Eligible recipients designated by the
FTA include designated recipients that
operate fixed-route bus service or that
allocate funding to fixed-route bus
operators; and State or local
governmental entities that operate

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Shafter City CouncilSeptember 5, 2023

Shafter City Council
September 5, 2023