Fnrcsl $; l'{.Fl{ S : OS1. t $S"l ! -0S.I ;09 t - | S$- 1 5-fi t}-4; OB l -?SO-O!4CI-Ii og I -I4O-ol-OO-? end 0$ ! -24F0$'0S-$l
ftll thnt Fiirrhn of St*ddn SS. TownshF f,fl Snsth, Hengn lfi East, hllornt [ilsbio'Maridirn, ln thg unlncorpprptgd sr*a $f thF Gaumf *t lt$rft, $llm sf Californil' eacrding to rhs *f{icial Flnt rhareof, lyFrg westarly of ths *rfiarly bsrndilry lins of ths rlgfit of rrysf pf rhs Cn[nwsy Oan# dgecrlbrd a* fsllnursi
Hagtnning 6t F fdilt on the Horlh ltns af qeld Ssetion SS, | 114,$7 fiEet ltorrn E9 oE9.' Emt from ths nsrthrirust csmsF Ef suld $ectlon S6; thsnso linuth 3$sg6'El*t S$?.3 fuaU tfisnfg Eu+rth 4SoF4n Ennt, 4O5,? fsatt fi*nc* $quth 3405' F€6,!, ?SS"6 fsot; ilrencg $outh $$lt,Ws*t, 4gA.Ofsct; rhonqg $outh !ffolO'Wsstr $gO0fesU fhsncs South 3Eo3' Warr, SI4"I faefi thsn*e $omh dtfio4$'Vtln$, 154,fl fasl; lhErroe $otrth lfi oefi' w€$t; I37.FloHU th$nc* Scruth 3t40' Esst 4S9.1 f**r; lttsnc€ $puth *1oE?'Wurt, 48S.4 fert; thenre Soufr I jloFf'Wsst, t t0.l feetl rhrnns $outh :l ?Gg' East, l lLT fsqt; th'Eneo Squth 4$t'gt n E&st. SSI "{ fc*t; thonnc $outh ?ff!I }" Eru 839.fi {sst; thensa Snuth fi4g$g'Fast, 3l6.7lsot; tfiBnca $ot"tth Er14'Eilst, l9E"4fsEl t0 n pfiint on rh* $nuth lina of saH $sctisn 3€,
Exteptlng thqmfrom ttws! ssrtflin parccls ar canveyud to tlp trtlgrth f,srn WatEr Staragn Bistrict, a Calilsrnis watfi storrgo dlstr,lct, irr deed rscorded lv'larch tBfiT in Boph 374l,
pnrtlculcrty described E+ fslqwr;
WELI 4 E $6.I
Fnrcel l:
Beginning at lhs $suthw€st c$rrlar of snid $E*tipn S$; thnnco East |O$S.5O feu rlarru the $outh ting of xaid *gclion; thenca l{oilh 3l ?.$S fsel. rnure or lFEs, to thu lru'e p*int ol beginning, herginafler rgferred to oc Polnt 'AU'; thcneg West, ?5-OO fgpr; thance l{grth.
XS,00 fget; thgnc€ Eccl, IS.OO fsst; thtncs South. 3S.0O {+Ft t0 lhe true pelnt of hcginnin6.
Excepting therefrnrn that Fsrtlon lying wlthin thr right-ef"wty c,f f;ollcwa1. Esnsl, Parccl ll:
A rtrip st land tsn llGl lqst in wldth. the ccnle lha ol wFfch ls drscribsd os fsllirws; Beglnnlng at thr abEw'mrndsncd Pulnt 'A!].. thonce Horth. 12.77 lest to the true p'cint ot bogindrq; lhcncg ltlorth 8864F"Ersl, 10"6Ofssrt.
Excopting thrrafrarn thdt Fon$sn of erld ntlp lyhg witHn tha rlght+f-way CIf Cal{oway Ctngi"
WELL,I E SS-e
Farcsl lr
Boginnhg at ths q+$thrrs*t com{tr sf tuki Eeffon trS; thrner EEtt, st*.FOfurt abng ttru gorytlr llni nf s#qil *petlfi$ thsrrcr l{orth" glS?,SO tl*t, rnora or ls**" tn lhr tuu pslni ol bsrgmlnf, tr*r*lnfi{rsr referrgd to rt kilr* 'AV'; {tcncs Wa*t, 1s.O0 fset; thenee ilorth" 3S.o0 fctt; th'sn€s Eilst IS.SS fr*ti thana So*th, gS,0O fFet to ths truc pokrt fi* baginning"
Frsfl ll;
A sttiF ol land ren trt0l lost h wldfh. rhs cqilrtfflln* nf whlah l* dsscllbm as followsr
Beglrrring nt !h€ ahoue-rngntionld Folnt "AV*, tl'rencu Herth, $.6s leq tu thB lruB point ot baglming; tlrnncr So{fih Sl c l8' Essr. tO. ?S f'sct; therrce South SBsOt'Eam, t 2$"O0 fe*r, mort ff lnse, trtd ternrin*tlng at ths in*He should*r of the Wsgt b3fih of thr Callowey eanal" rhs sidr Enss sf sfi.id stflp lo ba sxtsfidsd or sfiortensd ts begn ar fis baudaiy of Frrusl I rnd ond ar ths ins$da sfictd&r sf tts tYssl bank of tlro Caltorvay'Cannt.
ExcoFring thsrs{rurn that po,rdon of s$id sfidp lflng wlt}rin the righl-of-way u{ ths Cnll+luar f,anal"
wELl- d E S8-3
Frrcul ll
Eeglnnhg fl tha northwe$ c$rner sf said Soctlon 36, thFnce Sffrth I St 7.50 fast rlorg th* Wsrt lina ol *aFd *offlsn; lhsnre Engt, lS$F. $$fast fitor€ qr lqsg to tho rrw point of begirxnFrg, finr*in*fter rcfengd tg n* Psirtt "rqW'l thsncs 8orfth, AF.$CI fget rhrnue Wert, AE.0O lefi; tlunce f{orth tS.0O fuet; thsnca Eaet, ES"O0 f*er to lfia trug pofnrt ol bsginnmg.
Parcel ll:
A stnp of lsfid ten I | 0l leet in .wldth. ttlg centcrlins sl wliich is dsscrlbed as lo{ls!u6:
Bogtnning ilt ltra abov*.rnantlonqq Fght "AW", thenco $suth. 1$.SB leqt to ths tnre pfrlnr of beglndingr; thenc* $suth BFoOI' €aet. $,$3 leat; thenca South 8Oo l8' Erat, 49,00 fqet mors or lafr, and tFfffrnetidg st !h€ Inslda tog of thg WE$ hanft of tha CT-t Can;ql, lh*. sidu llnrs nf snid strlp to b€ cxtcndcd cr shortsned ts begh at ths borjnsrrt of Fgrcel I and HnS il dre tnsFdo lse of the Wsst hank of tfts GT'l f,anal, Excepting lhsrnfrsrn rhat pDrtlon pf snld sttlF lyln$ l,vithbn ths rlgNrf-of-wslr of thc Callowry Canal.
WE[t 4 E 36.,1
Frcel l;
Begtrrning st the f{srthwect eorr* af esid $aerion SB, thenco $onh, 1 1g,S0 fest eltrn5 lhe Wpst fi$e of erH ssctlon; thcnss Easr, 834.f0faer rnors or l*s* ts tfio rrus point of boglrnhg. hgrelnaFtsr refsfff,d ts a* Psint 'AX"; lhaflGa South, 2S.m fg*t; thenss We$, 26;sOfuEt; thgr*e f*lnfth. gS.S0lest; thorrce $$, 2S,o0t*ot to fie rur polnt of b*ginnlng,
Frrcet lh
A *trfp sl lartul tsn lt0l fr.ct kr width, tho c$lt$lne af whlEfi k dssofibcd ts folluws:
Eagtnnlrg il the abow.manllenad FofTl 'AX'. *tante $al*h fi.0$ t€st to tha firN Foin{ of hogFrnhs; rlrenca t'torth Slcg$'EilE'l. g,7B fssr; ftatm€ Hbrth 64ei$I'Eert, 56"00 fust rrrprt sr fess, trd torfikllfng nt the lmld* ts$ of ftc wafit [tl{s sf ths Gf. t Cuat, thl slde ll*rsr of a*id str$ to he Ertfftdpd or shortenad p bpgln il th* barndery of Farsrl I end snd at thr ln*ldr ror of thr vilBtt brnt sf tfie CT-l Gsnel Emspt|ng lhcrrfrqm nhrt Fsrdsn of add sttlF hfrrg whhfn thr rit'rt"of-way of {he Galfow*y Csn*.
slao pnqaFtlng tharrfrcrn sll lntrrasls eorit qpd to Tonncco Oil CsraFqRy, e Dslrwaia Ccrporation. lr AsclgRmrnt and Conveyants thsresf recordDd l{wCmbgr lf,, I S88" irt fioo* g lEt, Fege t t8t, of Offieid Rccords. whidt brlete$ts can bs tfl€'fly *r.rnmrrlrsd ss stl oll, gna rnd olhr lfidd and gagequ* hydtocrrho+t+ rnd in addltlsn lfiorelo crlbnrl doxtds.
l*ydrgBeru hdlumo nltrogsq mothtnr' rulfur fln aach crrc h *hlw llquld_ u gtffous furrnl [nd rrNf utirsr liqdd or larcor.rr srhctsnua$, fintrt urctlpnulqe, qg 9ny sl flrum,..rrd rny rnlnrsaL or ofi$r albgttnfir prsfr$rd Fr tF sslsrhr figutttlth I'Hyrffocubsng"t ln, nn or unOet ilre FrurLtgt, rqgrtlrr witn !il rlght*, pdqFgar, duthf 8n-d rorporuUlttlies in rrry wcv rslausd therrtCI. lf ir ae*r-Eurfisdgrd ilrht tlf.s rtcmrntlsn la fuky ur fsffi! hr thr ooriu$fincr rafiorrqd tg .rbsvr ilnd fh{l llile ls srtfsqt ts tlrat Goswreygnct rtrd nn't.tubJrct tfilhlaaumnufy whichb iar eonumlencGflt}Y. StidAe3lfinrnent rnil Convryrncs w88 clrrlfled hf Hrcr Amendm*m thsruol rr*ordad Jstrr^lar!, '17' 1S09,lo Bsof, 6gg0l. Fiegp ISOS, of Oflldrl Flgsord*'
RECORDING REQUESTED BY,
AFTER RECORDING RETURN TO:
City of Shafter
Attn: City Clerk
336 Pacific Ave.
Shafter, C493263
Exempt frorn filing fees per Gov' t Code $ 27383
Laura Avila. Assessor - Recorder
Kern County 0fficial Records
Recorded al tho roquod ol
Public
Doc# ? 223120768 $ htTypos: 1 Pagos: 14
iltilililililililililtil]] il]Itil
0.00 0.00
0.00 Fers
Tares
0thEls
PAID
AGUILARS
10t0412023
9:14 AM
0.00 space abovefor Recorder' s we)
FOURTH AMENDMENT
TO
DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER
AND SUBURBAN LAND RESERVE, INC.
This FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER AND SUBLJRBAN LAND RESERVE, INC. (" Fourth Amendment") is entered into effective as of theillhday of SePlewvbef , 2023 (" Fourth Amendment Effective Date"), by and between CITY OF SHAFTER, u CufrE*iu t"unicipal corporation and charter city (" City") and SUBURBAN LAND RESERVE, INC., a Utah corporation, 7tr' standard Ranch Investors, LLC., a Califomia limited liability company, and Lennar Homes of California, LLC, a California limited liability company (" Owners"). The City and Owner are sometimes hereinafter referred to as a " Party" or the " Patlies".
RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a Califomia municipal corporation and charter city, and Suburban Land Reserve, Inc., a Utah corporation, dated October 17,2006, recorded January 22,2007, as Entry No. 0207015743 in the office of the Kern County Recorder (" Development Agreement").
B. The Development Agreement affects certain real property located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference Property")
C. The Parties entered into a first amendment to the Development Agreement dated December 21, 2021 and recorded on January 6,2022 as Entry No. 222002581 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until July 6,2022.
D. The Parties entered into a second amendment to the Development Agreement dated June 2l,2022 and recorded on June 24, 2022 as Entry No. 22209903 6 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22, 2A22.
E. The Parties entered into a third amendment to the Development Agreement dated October 18,2022 and recorded on October 21,2022 as Entry No. 222158348 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until Oclober 22, 2023.
F. The Parties now wish to amend the Development Agreement to extend the term for six ( 6) months from the date of expiration.
AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, City and Owners agree to amend the Development Agreement as follows:
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.
2. Term. Section 2.3 of the Development Agreement is hereby amended to read as follows The term of this Agreement shall expire as of April 22,2024, unless this term is modified or extended in writing by the Pafties."
3. Confirmation. Except as arnended and revised by this Fourth Amendment, all tetms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this Fourth Amendment and the Development Agreement, this Fourth Amendment shall control. This Fourth Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHDREOF, City and Owner have executed this Fourth Amendment as of the Third Amendment Effective Date.
Si gnat ur es and Ackn ow I e dgm ent s F o I I owJ
Mrcfr' rn€u f,aHr, ls ^
9t Its:
OWNERS
SUBURBAN LAND RESERVE, INC., a UtAh
corporation
By: 2//.
Name: r^4 /
7th Standard Ranch Investors LLC., aCalifornia
limited liability company
Name:
LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By:
Name
Its:
CITY:
CITY OF SHAFTER, a Californiamunicipal
corporation and charter
l-----'+
Chad Givens
City of Shafter Mayor
ATTEST
Pallares
APPROVED AS TO FORM:
f,-6 - Vf
Marco foartinez
City Attorney
By
Its
9t 1^qS r ei,
Cor^rt-'-"^-'l
I
J
STATEOFUTAH )
coLrNrY oFaw- kk-;
on this 2
day of 2023, before me personally appeared
identity was proved to me on the basis of
document, and who acknowledged
of Suburban Land Reserve, Inc., a
known me or whose
to the person w is subscribed to this
that he signed the foregoing document, as the
Utah corporation.
OWNERS
SUBURBAN LAND RESERVE, INC., aUtAh
corporation
Name:
7th Standard Ranch Investors LLC., a California
By
Its
Le € fA M \ € go^l
limited liability
By
a )a^-* I n'
Co.",,,tt € Jyrr-+
Name:
Its:/ 14 /ta/,bh.fiz "
LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By
Name:
Its:
CITY
CITY OF SHAFTER, a California municipal
corporation and city
Chad Givens
City of Shafter Mayor
ATTEST:
Pallares
APPROVED AS TO FORM:
MarcolMartinez
City Attorney
t {
STATE OF CALIFORNIA
cotrNTY oF W,rn
that he signed the
LLC., a California
on this l?t- day
L{,o JamiLt|fij"rsonal
SS
of 2023, before me personally appeared
ly to me or whose identity was proved to me on the basis of satisfactory evidence to be the whose name is subscribed to this document, and who acknowledged as the Yy\Anns& f of 7'h Standard Ranch Investors,
Liability Company \)
See Attached Certifi cate
Notary Public
CALIFORNIA ACKNOWLEDGMENT crvrL coDE g 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Y+'rn
On me, Derunyq bwz, Ndta, rq PubUr c
Dote Herelnsertio^" oM
personany appeared L+( rl WfnieSO n
Name(s) of Signe( s)
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. s$"\tft'! ?ii;".
itW"':-=
zryffi$.
Place Notory Seql qnd/or Stamp Above
I ceftify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and offi seal
sig re
Signoture of Notory
OPTIONAL
Completing this informotion can deter alterotion of the document or froudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date Number of Pages: _
Signe(s) Other Than Named Above:
Capacity(ies) Glaimed by Signer(s)
Signer' s Name:
n Corporate Officer - Title( s):
tr Partner- n Limited n General
tr lndividual tr Attorney in Fact
tr Trustee n Guardian or Conservator
tr Other:
Signer is Representing
Signer' s Name:
tr Corporate Officer - Title( s):
D Partner- n Limited tr General
D lndividual El Attorney in Fact
tr Trustee n Guardian or Conservator
n Other:
02019 National Notary Association
Signer is Representing:
a \3 ,.€,rl
Cs.-....{ zr7o-ts
F-F"/ L 5. ?eNad+
OWNERS
SUBURBAN LAND RESERVE, INC., a Utah
corporation
By:
Name:
Its:
7ft Standard Ranch Investors LLC., aCalifornia
limited liabilify company
Name:
LENNAR HOMES OF CALIFORNIA, LLC., A
CITY:
CITY OF SHAFTER" a municipal
corporation and
Chad Givens
City of Shafter Mayor
ATTEST:
Pallares
APPROVED AS TO FORM
By:
Its
Itt
h{P;
MarcoMartinez
City Attorney
t
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On Auoust 17.2023 before me,
personally appeared Darrvl S. Denius , 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
t
Signature ( Seal)
BEXHIBIT
Order No. 24O27O -
A
Parcel 1 : { APNS: Og l -l 90- I 300- 8and 091-2t O-05-0bOl All that portion of Soctlon 25, Townsiip 28 South, Bange 26 East, Mount Diablo Meridlan, in-the -
unincorporated
area of the Cotr$ of Kem, State of Canfornia, according to the. official plat thereof,- lying southwestetty of tho easterly rlght of way line of the Galowiy Canal degcribed as follorys: BeglnnlrE at a point on lhe Sornh lins of sald Section 25, 1114,2 feet North 89069' East of tho southwest comer ol sald Section 25; thence' North Wostg4l. 34ogl' West 422' teet; thence North 5o3' West 715. 3 feet; therre North 33o3l, B feet; thence Norfr 39'038'Wost 374, 4leet to a polnt on ttie West llne of said .
Sectlon 25.
Excepting therefrom alt interests corweyed to Tenneco Oit Company, a Delawaro corporatlon, in Assignrnent and Conveyance thoreof recorded November 18, 1988, in Book 6183, Pago 1 167 , of Offlclal Records, which interests con be brlefly summarized as all oll,' gas and other liquid and gaseor.ts hydrocarbons, and in addhion thorolo carbon dioxide, hydrogen. heliurn, nitrogen, methane, suffur lln each case in ehher llquid or gaseous form) and any othet liquid- Or gasoous sil.rbgtances, inert or othorwlss, or grry of them, and any mingrals or other substances produced in association therawith (' Hydrocarbons' l in, on or
under the premises. togelher wilh all rights, privileges, duties and responslbilities in any way related thsreto, lt ls acknowledged that lhis ressrvation is fully ser forth in the convgyance reforred to above and that title is subjefi to that conv€yance and not subject to thls sumrnary which ls for convenience only. Said Assignment and Convoyanco was clarified by First Amendment thereof recorded January 17, 1989, in Book 62O0, Page 1908, of Official Becords.
Parcel 2: (APNS: 091- 190- 0440- 2and 091- 190- 1O- 00- g) All that portion of the East half ol the Northwest quarter ol Section 26, Township 28 South, Range 26 Easi, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State of Califomla, according to the official plat thereof, lying sourherly of the northerly line and northerly of tho contedine of ths Calloway Canal, as said nonherly line of said Canal is hereinafter described; and that portion of the East halt of sald Sectiori 26 lying southerly of the northsrly line of rhe Colloway Canal, said northerly line being described as follows:
Bogilnning et a point on the West lns of said Section 26, 646.15 feet South I o20' West
from the nonhwest corner of said Section 26; thence South 81 o33'East 425. 94 feet; thence Sosth 6907' Esst 806. 17leeB thedce South 78c24' Easr 1058.98 fsst; thonce 1 South 67042' East 817. 33 feaU ftencs South 52032' East t948. 66 feeu rhence South 67o7' East 86O, 46 feet to a point on tlrs East line of said Secdon 26.
Sald Parcel lncludos, but is not limitod to, Lots 18, 24, 26 and 32 as shown on tho Satsg Map of Lards of Kom County Land Gorhpany for said Sootion 26, dated June 2, lg94 and filed June 7, 7894 in the office of the Kern County Becorder.
Excepthg therofrorn that cortain parcel as taken by the North Kern Watar Storage Distrlct, a California watel storage d_lstrlst ln that Final Order of Condemnadon racorded April 25, 1989, ln Book 6232,. Pa$ e 939, of Official Records, located in the Northeast quarier of said Soction 26, nnore pardcularb described as follows:
Beginnlng at a point belng the located marker of the northwest comer of said Section 26, Township 28 South, Banga 20 East, htoum DlaUo Meridlan, a distanca alons North 89058' 53" East, 2695, 03tseti thsnce Sou$ OoOl' O7'West, l680. 16 feeito a polnt designated Polnr A, a trus polnt of beginnlng; thence south 5b028' 69'EasL 33. 78 feeu' thenco South 34o31'O7" Wesl, 40.00 toet; thonco North 55028'53o West, 40. OO feet; 2
Order No. 24O27O - B
thence North 34031'o7" East, 4O.OO feet; thence South 55028' 53" East, 6.25 feet to designated Point A, the true point oI beginning.
Also excepting therefrom all interests conveyed to Tenneco Oil Company, a Delaware corporation, in Assignment and Conveyance thereof recorded November 18, 1988, in Eook 6183, Page 1 167, ol Officlal Records, which intsrests can be briefly summarized as all oil,. gas and other liquid and gassous hydrocarbons, and in addition thereto carbon dioxlde, hydrogen, helium, nltrogen, msthans, sulfur (in each case in sither liquid or gaseous form) and any other liquid or gaseous substances, inort or otherwise, or any of them, and any minerals or other substances produced in association therewith (" Hydrocarbons") in, on or under the prsmises, togethsr wlth all rlghts, privileges, duties and responstbilities in any way related thereto. lt is acknowledged that this reservation is fully set forth in the conveyance referred lo above and that titlo is subject to that convsyancs and not subject 10 thls summary which is for convsnience only. Said Assignmeht and Conveyance was clarifled by Firsr Amendmentthereol recorded January 17, 1989, in Book 6200, Page 19O8, of Official Records.
Parcel 3: (APNS: 091 - 1 90- 2O- 0O- B;O9 1 - 1 90- 25- O0- 3;09 1 -1 90.26-00-6and 091,1 90.30-OO-7)
The East half of Section 34, Township 28 South, Range 26 East, Mounl Diablo Meridian, in the unincorporated area of the Counly ol Kern, Staro of Callfornia, according to the olficial plat thereof.
Excepting therelrom all interests conveyed to Tonneco Oil Company, a Delaware corporation, in Assignment and Conveyance thsrsot recorded November 18, 1988, in Book 6 I 83, Page I 167 , of Of ficial Records, which intsrgsts can be brielly summarized as all oil, gas and other liquid and gaseous hydrocarbons, and in addition thereto carbon dioxide, hydrogen, helium, nitrogen, melhane, sulfur (in each case in either liquid or gaseous form) and any other liquid or gas€ ous substances, inert or otherwise, oI any of them, and any minerals or other substances produced in association thelewith (" Hydrocarbons") in, on or under the premises, together with all rights, privileges, duties and responsibilities in any way related thareto. lt ls acknowledged that this reservation is fully set lorth in the conveyance referrsd to above and that title is subject to that conveyancs and not subject to.this summary which is for convenience only, Said Assignment and Conveyance was clarifiod by First Amendment thereof recorded January 17, 1989, in Eook 620O, Page 1908, ol Official Records.
Parcel 4: (APNS: Og 1 - 1 9O-31 - OO-0;o9 1'1 90'32'OO-3;09 1 - 1 90'33-OO-O & 091- 1 90-34-00-9t
Lots I through 32, inclusive, of Seclion 35, Township 28 South, Range 26 East, Mount Diablo Meridian, in the unincorporated aroa of the County of Ksrn, State of Californla, as shown on the Sales Map of Lands of Kern County Land Company, daled Aprll 4, 1894 and filed May 2,1894 in the offico of the Kern County Becordor.
Excepting th'erefrom all interests conveyed to Tenneco Oil Company, a Delaware corporatioh, in Assignment and Conveyanco lhereof lecorded November 18, 1 988, in Book 6183, Page 1167,ot Offlcial Records, whlchlnterestscan bs brielly summarlzed as all oil, gas and other liquid and gaseous hydrocarbons, and in addition thereto carbon dloxlde, hydrogen, helium, nitrogen, methano, sulfur (ln oaoh case ln elther liquid or gaseous form) and any olher llquld or gaseous substances, inert or otherwis€, or any of them, and any minerals or other substances produced in association therewith {' Hydrocarbons" l ln, on or under the prgmlses, together with all rights, privileges, duties and rasponsibilitles in any way related thersto. lt ls acknowledged that this roservatlon is fully se1 forth in the conveyanco referred to above and rhal titls is subject to lhat conveyancs and not subject to this summary which is for convenienco only. Said Assignment and Conveyance was clarified by Fiisr Amendment thereof recorded January '17, 1989, in Book 62O0, Page 19O8, of Olficial Racords.
3
Order No.24O27O- S
Parcel 5: {APNS: Og 1 - 1 9O-1 1 -OO'2;09 1 - 1 90- 1 5-0O4;O9 1 - 23O: O2- OO- 7 i Og 1 - 24O-O 1-OO-7 and Og 1 - 24O- O5' OO- 91
All that portion of Section 36, Townshlp 28 South, Bange 26 East, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State ol California, according to the official plat thoreof, lying westerly of ths easterly boundary line of the righl of way of the Calloway Canal dascribed as follows:
Beglnning at a point on tha North line of said Section 36, 1 1 14. 37 feet North 89 o59' East ' from the northwsst comer ol said Section 36; thence South 36036' East 597. 3 feet; rhence South 45" 54'East, 4O5. 7leeU thence South 3405' East, 766. 6 feet; thence South 8o2l' West,493.8feet; thence South 26o10' West. 53o, Ofeeu thehce South 38o2' West, 924. 2feet; thence South 46o45'Wsst, 254, 3 feet; lhence South 16028' West, l27.7teet; th€ ncg South 3040' East 459. 1 feeu thencb South 41057' Wss1, 469. 4 feeu thence South 14052' West, 1 ? 0.1 feeU thence South 1709' East, 1 22.7 leett thence Sorrth 45"31'Easl, 631.4 feel; thence South 73o21'East 539. 6 feet; thence South 64o33' East, 316. 7 feeu thence South 5o14'East, 19B. 4feet to a poinl on the South line of sald Section 36.
Excepting therefrom those certain parcels as conveyed to the North Kern Water Storage District, i Cattfornia water storage district,' in dsed recorded March 1957 in Book 2742,
particularly described as follows:
WELL 4 E 36. I
Parcel I
Beginning al the southwest corner of said Section 36; thence East 1039. 50fee' t along the South line of said section; thence North 317. 50 feet, more or tess, to the true point of beginning, hereinafter relerred to as Point "AU"; thence West, 25,OO feou thenco Nonh, z5.OO feet; thence East, 25.OO fsel; thence South, 25.OO feBt to the trus point of beginning,
Excepting lherefrom that portion lying within the right- of-way of Calloway Canal, Parcel ll:
A strip of land ten ( 1Ol feet in wldth, the cenlerllne ol which i3 described as follows:
Beginning at ths abovs-montloned Point " AU", thsnce North, 12,77 feet to the trua point of beginning; thence North 88o45' Easl, 1O'SOfeel'
Excepting therefrom that ponion ol sald sttlp lying within the rlght- of-way of Calloway Cahal.
WELL 4 E 36-2
Parcel l:
Beginnlng at rho southwest comer of said Seclion 28; thancE East, 914. 50 feet along the South line ol eaid section; thsnce North, 2197, 5O feel, morg or'less, to tho trua polnt of beginning, hersinafter roferred to as Point lAV'; thence West, 25.00 feet; thence North, 25,00 fe6u thence East, 25.OOfest; thenco South, 26, 00feet to tho ilua poirn of beginning.
Parcel ll:
A strip of land ten ( lOl feet in width, ths centerllne of whlch is described as follows:
4
Order No, 24O? 7O - B
Beginning at the above-tnentionbd Point "AV", thence North, 5.66 feet to lho truo point ot beginning; thence South 61 o
t B' East, 10. 75 feeU thence South 68 oO2' East, 1 23.O0 feet, mors or J6ss, and terminaling at the insido shoulder of ths WBst bank of lhe Calloway Canal, the side lines of said srrip to be oxtended or shortened to begin at the bbundary of Parcel I and end at the inside shoulder of the West bank of ths Calloway' Canal.
Excepting therelrom that portion of said strip lying within rhe right. of-way of the Calloway Canal.
WELL 4 E 36-3
Parcel I
Beginning at the nDrthwest corner of said Section 36, thence South t 617. 50 fe8t along the Wost line of said sectloni thence East, 1 895.50 feet more or less to the true poinl ot beginning, hereinafter relerred 1o as Polnt ' AW"; thence South, 25. 0Ofset; thence West,
25.00 feeu thence North, 25.00 feet; thence East, 25.00 tsst to ths trus point of beginning.
Parcel ll;
A strip of land ten ( 1O) feet in.width, the centerline of which is described as follows:
Beginning at the abovq- rnentioned Point "AW', lhence South, 13.58 f6et to the true poinr of beginning; thence South 85oO2' East, 9.53 feet; thence South 86o'16' East, 49,O0 feet mora or less, and terminating at the insido toe ol the Wesr bank of the CT- 1 Canal, rhe sids lines of said strip to be extended or shortened 10 begin at the boundary of Parcel I and end at tho inside toe of lhe west bank of ths cT-' l canal.
Excepting therefrom that portion of said strip lying within the right-of-way of the Calloway Canal.
WELL 4 E 36.4
Parcel l:
Beginning at the Northwest corner of said Section 36, thence South, 112. 5O feet along the West line ol said ssction; lhence East, 834. 7O feet moro. or less to the true point of beginnlng, herelnafter referred lo as Point "AX'; thence South, 25.00 feel; lhence West,
25.00 feeu thence North, 26.00 feet; thence East, 25. O0 feet to the trus point of beginning.
Parcel ll:
A strlp of larid ten ll0) feet in width, lho centerline of which ls described as follows:
Beginning at rho above-mentloned Polm 'AX', thence South 5.68 feet to the truo point of beginning; thsnce North 61 o23' Easl, 8.76 feeg thencd North 64042' East, 55. 00 feet moro or lsss, and torminating at tho lnside toe of the west bank of ths CT- l Canal, the slde llnes ol said strlp to bs extsnded or shortened to b€gin at the boundary of Parcel I and end at the lnslde toe ol tho west bank of ths CT- l Canal.
Excepting therefrom that portlon of said strip lying within the rightof- way of the Calloway Canal.
Also €xcepting therofrorn afl interests convoysd to Tonneco Oil Company, a Delawaie corporailon, In Asslgnment and Conveyance thereof recorded Novomber 18, 1988, in Book 6183, Pago I 167, ol Oflicial Records, which interests can bq briefly summarized as all oil, gas and othor liguid and gaseous hydrocarbons, and in addition lhereto carbon dloxlde, 5
Order No. 24A27O - B
hydrogen, heliurn, nilrogen, molhans, sulfur (in each c'asa in either tiquid or gaseous formf and any other liquid or gasoous substancss, inefi or olherwise, or any of thern,. and any minerals or othsr substances produced in association thelewilh (" Hydrocarbonsn) in, on or under the premlses, togsther with all rights, privileges, duties and responsibilities in any way related thereto. lt is acknowledgsd thal rhis reservation is fully set lorth in tha conveyancs referred to above and that title is suqiqct to that convoyancs and nol subject ro this surnmary which is for convenience only. Said Assignment and Conveyance was clarified by First Amendment thereof recorded January 17, 1.989, in Book 6200, Paga ' 19O8, of Officlal Records.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO
PLACEWORKS, INC. FOR A NOT-TO-EXCEED AMOUNT OF
$1,500,000 TO PREPARE THE CITY OF SHAFTER GENERAL
PLAN UPDATE, DEVELOPMENT REGULATIONS UPDATES, AND
PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve a professional service agreement with Placeworks, Inc. for a not-to-exceed amount of $1,500,000 to prepare a general plan update, development regulations updates, and programmatic environmental impact report; and authorize the City Manager to execute said agreement.
BACKGROUND
On October 18, 2022, during a joint City Council and Planning Commission meeting, staff presented the need for a general plan update and was directed by the joint City Council and Planning Commission to move forward with soliciting proposals.
In July 2023, staff solicited statements of qualifications (SOQs) from consulting firms with experience preparing general plan updates, development regulation updates (e.g., the zoning and subdivision ordinances), and programmatic environmental impact reports. In response to the City’s request for qualifications (RFQ), five consulting firms provided an SOQ for staff’s consideration in September 2023. A team comprised of senior staff evaluated the SOQs and determined that three of the firms had the necessary qualifications.
In October 2023, staff provided a request for proposals (RFP) to the three chosen firms requesting a scope, timeline, and budget for the City of Shafter general plan update, development regulation updates (e.g., the zoning and subdivision ordinances), and programmatic environmental impact report (collectively, the Project) as outlined in the RFP. All three firms indicated that that would provide a proposal for staff consideration.
In December 2023, a team of senior staff evaluated three proposals for the Project.
After careful consideration and evaluation, the team chose Placeworks, Inc. (Placeworks) as the firm with the most responsive proposal. On January 24, 2024, staff informed the proposers of the team’s selection.
AWARD A PROFESSIONAL SERVICES AGREEMENT TO PLACEWORKS, INC. FOR A NOT-TOEXCEED AMOUNT OF $1,500,000 TO PREPARE THE CITY OF SHAFTER GENERAL PLAN
UPDATE, DEVELOPMENT REGULATIONS UPDATES, AND PROGRAMMATIC ENVIRONMENTAL
IMPACT REPORT
- 2 -
At the February 20, 2024, City Council special meeting, staff presented the chosen firm to the City Council and informed the Council of staff’s intent to award the Project to Placeworks.
ANALYSIS
As stated above, the evaluation team chose Placeworks as the firm with the most responsive proposal (see Exhibit 1). Placeworks proposed on the Project for a not-toexceed cost of $1,500,000 to prepare a general plan update, development regulation updates (e.g., the zoning and subdivision ordinances), and programmatic environmental impact report over an approximately two-year timeline.
FISCAL IMPACT
The entire cost of the Project for the three Fiscal Years would come out of the General Fund. If the professional services agreement is approved, it is anticipated that the cost breakdown by Fiscal Year for the Project is:
FY 23/24 (already approved): $150,000.00
FY 24/25: $650,000.00
FY 25/26: $699,661.00
Total $1,499,661.00
Staff budgeted $250,000.00 in the Fiscal Year 2023/2024 (FY 23/24) Planning budget for professional services to finish the housing element update and in anticipation of beginning the Project in FY 23/24. To date, there is still $222,708.00 available for professional services in the FY 23/24 budget. If the agreement were to be approved at the March 19, 2024, City Council meeting, Placeworks anticipates that at least $150,000.00 of the $222,708.00 remaining can be used in FY 23/24 (before June 30, 2024).
Additionally, the Planning Department has conferred with the Finance Department (who oversee City funds) and Building Department (who tabulates and collect fees) on fees collected and accumulated over the years specifically to pay for the Project. To date, the City has collected $1,494,018.00 to specifically go towards preparing the Project.
These funds currently make up a part of the General Fund. Staff anticipates that at least another $200,000.00 will be collected in fees to specifically go towards the Project in the next two years. Therefore, the City has and will have collected sufficient funds to cover the cost of the Project over the anticipated two-year timeline.
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 professional services agreement 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.
AWARD A PROFESSIONAL SERVICES AGREEMENT TO PLACEWORKS, INC. FOR A NOT-TOEXCEED AMOUNT OF $1,500,000 TO PREPARE THE CITY OF SHAFTER GENERAL PLAN
UPDATE, DEVELOPMENT REGULATIONS UPDATES, AND PROGRAMMATIC ENVIRONMENTAL
IMPACT REPORT
- 3 -
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
The City Council could deny the proposed action and the professional services agreement would not be signed by the City Manager.
NEXT STEPS
If the agreement is approved, the next step is to schedule a kick-off meeting with Placeworks to introduce key participants; refine the work program, scope of work, and schedule; identify roles of anticipated stakeholders; identify available resources and any current or related projects that must be considered; refine communication protocols; address ongoing implementing projects or programs that could potentially affect the Project; and discuss public participation protocols. Staff anticipates that the kick-off meeting will occur in early April 2024.
ATTACHMENTS
1. Exhibit 1 - Placeworks Proposal
2. Exhibit 2 - Professional Services Agreement
December 4, 2023
Steve Esselman
Planning Director
CITY OF SHAFTER
Planning Department
336 Pacific Avenue
Shafter, CA 93263
Subject: Proposal to the City of Shafter for Comprehensive General Plan Update and EIR Dear Steve Esselman:
On behalf of the PlaceWorks team, I am happy to submit the following proposal to augment our previously submitted statement of qualifications. We would consider it a privilege to work with you on updating your General Plan and EIR and offer this proposal for planning, design, and environmental services. We stand poised to offer the highest levels of commitment, enthusiasm, and professionalism for your endeavor and are more than willing to adjust any part of the scope, budget, and schedule to accommodate the City’s needs.
This proposal shall remain valid for 90 days from the date of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. Please contact me with any questions. My complete contact information is as follows.
Colin Drukker, Principal
PLACEWORKS
3 MacArthur Place #1100, Santa Ana CA 92707
714.966.9220 x2307 | [email protected]
PlaceWorks confirms that we have the ability and willingness to comply with all the provisions stated in the RFP. We look forward to your response.
Respectfully submitted,
PLACEWORKS
Colin Drukker
Principal
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 2 Project Understanding and Approach
Shafter’s commitment to land use planning, strategic visioning, and fiscal and operational management have helped foster a city with a desirable quality of life, excellent parks and recreation, and a vibrant and growing economy, all of which continue to attract investment in housing and new residents. As the City commences with a comprehensive update to its General Plan and related development regulations, it is starting from a position of strength.
In addition to planning for opportunities, the update effort must consider potential challenges. For example, as housing has expanded from northwest Bakersfield, areas planned for residential growth in southeast Shafter continue to build-out. With a large expanse of farmland between Gossamer Grove and the historic core of Shafter, however, there is the challenge of Shafter growing into two different cities. While there will likely be a land use planning component to this, there are economic development considerations. Residents in southeast Shafter are closer to shopping, dining, and entertainment at Northwest Promenade and nearly as close to downtown Bakersfield as they are to downtown Shafter. As southeast Shater continues to grow and develop, the city will need to capitalize on commercial opportunities in order to limit the leakage of retail spending to Bakersfield. Equally as important will be the need to foster and maintain a sense of community among the neighborhoods and subareas of Shafter in order to maintain community support for strategic and fiscally prudent city management.
The General Plan Update (GPU) provides the opportunity to focus on the City’s top-line budget strategy. In business terms, a top-line strategy is a business’ plan to grow and expand its market share and increase revenues. This is exactly what a general plan is for a municipality. As the center of population in California, Shafter is realizing its potential to serve as logistics hub and is benefitting from the jobs, economic activity, and net revenue generation that industrial development can provide. And with the City’s foresight in annexation, Shafter has the uncommon potential to accommodate continued industrial development without affecting nearby sensitive receptors. The planning process provides the opportunity to consider the long-term development potential— industrial, commercial, and residential—and to not only plan for a fiscal balance among land uses but also to avoid land use incompatibilities.
The historic core of Shafter is traditional American town development—a railway with a main street commercial area perpendicular to the railroad tracks and industrial uses spread along the opposite side of the railroad tracks. The GPU will allow for a grand revisioning of downtown Shafter. This includes integrating land use and development on both sides of the railroad tracks with a reconsideration of historic downtown industrial sites. However, it also includes new visioning (and policies and implementation measures) for what the downtown commercial core should be—how it can best serve the needs of residents living in proximity to downtown and how it can best attract residents from throughout the city, serving as the central place for Shafter and strengthening the sense of community.
The GPU also is the time to re-evaluate the long-term implications of growth and development, consider trade-offs, and establish the community’s vision for the future Shafter. This may include many quality-of-life factors, such as parks and recreation, the adequacy of local health care, and accessibility to education and job training. But it also includes analyzing the potential for water supply to support additional residents as well as the costs and funding for infrastructure needed to support the city’s long-term buildout. To tie all of this together, the GPU process will consider the
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 3 fiscal implications of the future Land Use Plan and the City’s capacity to pay for desired levels of service for public facilities and public services.
Additionally, while the current General Plan provides a framework for Shafter to grow into a fiscally sound city and a desirable place to live and to operate a business, there have been numerous changes to state planning laws and numerous changes in the practice of long-range planning. These include community environmental health and justice (including City work through 2021), air quality, active transportation, hazard planning, and climate resilience and adaptation. Moreover, the practice of long-range planning has evolved to incorporate extensive public engagement, empowering residents to meaningfully influence land use and development policies, regulations, and implementation programs. All of these factors must be considered to produce a GPU that serves as an effective tool for decision making.
Finally, technology has changed dramatically since the city adopted its current General Plan. Webbased maps and tools for public engagement have greatly improved the two-way flow of information during the planning process. With this update, the City has an opportunity to transform its General Plan into an accessible and dynamic tool, not only for land use and development but for ongoing municipal management. And with programmatic environmental clearance provided by an EIR, the City will facilitate streamlined planning and approvals for all development that is consistent with the long-term vision and the guiding principles, goals, and policies contained in the updated General Plan.
Staff Added to our Team
PlaceWorks is happy to announce that Malia Durand (Project Manager for the 6th Cycle Housing Element while previously at Infrastructure Engineers) is now employed by PlaceWorks and has been selected to be the Project Manager for the CEQA effort.
Task Structure
As illustrated in the Project Schedule, the Scope of Work consists of a set of sequential tasks that reflect the chronological order of activities and deliverables to prepare the GPU (Tasks 1 to 7), and a set of ongoing tasks that are conducted at multiple points or throughout the duration of the GPU (Tasks 8 to 10).
TASK 1. PROJECT KICK OFF
Task 1.1 Kick-Off Meeting
The kick-off meeting is critical in shaping a successful GPU. City staff and consultant team members must collaborate effectively if the work plan is to be completed with the desired quality and within the expected time frame and budget. The kick-off meeting allows the project team to:
Introduce key participants
Refine the work program, scope of work, and schedule (confirm desired timelines for milestone deliverables)
Identify the roles of anticipated stakeholders such as outside agencies, organizations, property owners, and individuals
Identify available resources and any current or related projects that must be considered Refine communication protocols for the project
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 4 Address ongoing implementing projects or programs that could potentially affect the project Discuss public participation protocol
The kick-off meeting could also include representatives from other City departments, such as Public Works, Economic Development, Engineering, the GIS office, and the City Manager's Office, among others.
Deliverable(s):
» Draft and final agenda
Task 1.2 Public Participation Protocols
Through previous work on Environmental Health and Justice and with the Housing Element in the state's hands for review, the City has already elevated the public's awareness of planning issues and obtained input on key issues related to housing. PlaceWorks will coordinate with PlaceWorks' new staff member, Malia Durand, and the City to build on what was successful and improve approaches and materials as desired.
While our proposal recommends an array of tools and activities, this task provides the time for PlaceWorks and the City to refine our preliminary outreach strategy and establish more detailed guidance for public relations and community engagement activities Informed by discussion during the Kick-off Meeting. PlaceWorks will prepare a Public Participation Protocol that documents:
Objectives for public involvement
Review of guiding principles for the outreach process Program activity descriptions (purpose, schedule, approach, logistics, and responsibilities) Confirmation of potential community partners, stakeholder groups, and agency outreach GPAC purpose, membership, meeting topics and dates, participation considerations, and rules and procedures
Communication techniques, consistent with established City protocols for website postings, email blasts, tweets, etc. (including City's preferences for website hosting, and identification of long-lead time items to inform the project schedule)
Level of bilingual translation and interpretation (this scope and budget assumes that outreach materials for the GPU will be available in English and Spanish and live interpretation for Spanish speakers will be available at live events)
Deliverable(s):
» Public Participation Protocols
Task 1.3 Stakeholder Outreach
Stakeholder interviews and focus groups help to pinpoint issues, opportunities, and constraints as a means to inform the GPU. The primary purpose is to capitalize on participants’ wealth of information, history, institutional knowledge, and understanding of issues. Interviews with outside agencies are also useful for discussing the GPU, future projects, activities for greater coordination and understanding, and how each will shape or influence the update effort. Stakeholder interviews, especially when conducted soon after project kick-off, can also be a valuable way to quickly identify opportunities to reach out and involve other members of the community.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 5 PlaceWorks will coordinate with City staff to develop a list of potential stakeholder representatives and groups for interviews, coordinate scheduling, facilitate the interviews, and create an input summary identifying major themes. Interviews and focus groups will be conducted by PlaceWorks’ Principal-in-Charge and Project Manager or Assistant Project Manager (or senior level topical experts) via phone, Teams, or Zoom.
Deliverable(s):
» Draft and final list of potential community partners and stakeholders » Up to 4 hours of email coordination, up to 8 hours by two staff members for virtual meetings and phone calls
» Summary of interviews (major themes)
Task 1.4 Project Branding
To create Citywide project recognition that will elevate awareness of the General Plan effort and associated project-related technical studies, PlaceWorks will develop a project logo, tagline, and color palette (style guide) to theme the project. This will create a recognizable identity that takes design cues from the unique characteristics of Shafter and builds on key themes the City wants to promote. The project logo and brand package may include a combination of symbols, text, colors, or graphics to create a recognizable brand for the General Plan.
Deliverable(s):
» Draft Project logo/branding (3 maximum digital files) » Final logo artwork: Digital file
» Draft and final templates for PowerPoint presentations and Social Media posts (digital files of each)
» Style guide (final logo, fonts, color palette, templates for PowerPoint and Social Media) TASK 2. COMMUNITY LAUNCH
Expanding our reach beyond key stakeholders, the following tasks focus on creating content and communications to expand the public's awareness of the GPU, highlighting essential information on the GPU’s purpose, importance for the community, key milestones, and outreach opportunities.
Task 2.1 Project Website
PlaceWorks will either host an independent project website or work with City staff to create a project page within the City's existing website. PlaceWorks will provide content for website updates throughout the process.
Deliverable(s):
» Project webpage and website content (hosted by PlaceWorks or City) Task 2.2 Project Overview Collateral
PlaceWorks will prepare narrative and graphic content consistent with the style guide and suitable for distribution through social media platforms, news/media outlets, email distribution, temporary signage at key locations throughout the city, and pop-up events, including:
Press release with information about the GPU
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 6 A narrative overview of the project with maps and text suitable for the website, including a highlevel schedule and description of community engagement opportunities Bilingual video for use on the project website and first public open house General Plan 101 materials to educate and inform the public, such as FAQs and What is a General Plan?
Deliverable(s):
» Draft and final press release
» Draft and final narrative for project website
» Draft and final presentation and script for project overview video » One final video in English and Spanish
» Up to two handouts with General Plan 101 materials in PDF formats Task 2.3 Project Marketing for Community Launch
To raise awareness of the GPU across all cross-sections of Shafter residents, PlaceWorks proposes a two-pronged approach to reach people where they are most comfortable.
The first avenue of engagement would promote the GPU through the City's existing digital channels, including posts on social media accounts and eblasts to identified stakeholder organizations and interested parties. PlaceWorks will provide narrative and graphic content for the City to post on social media channels.
The second avenue of engagement would complement the project's digital presence with an analogue effort, including utility bill inserts, announcements and bulletin inserts with local churches, schools, and other community groups, fliers posted in store windows (e.g., Apple Market) as well as temporary signage placed in parks, museums, and along Central Avenue announcing the GPU and providing links and a QR code to access the project website (Announcements or similar page with a current call to action, such as a survey).
Deliverable(s):
» Draft and final Facebook and Instagram Posts in English and Spanish » Draft and final eblast for identified stakeholders (1 eblast announcing the project and community survey, up to 2 reminder eblasts)
» Draft and final utility bill insert (digital files)
» Draft and final advertisement for local bulletins (up to 2 design configurations, digital files) » Draft and final GPU flyer (digital files)
» Draft and final map of temporary signage locations (digital file) » Draft and final proofs of temporary signage design (digital files » Printing, production, installation, and removal costs based on available budget) Task 2.4. Community Survey
PlaceWorks recommends conducting a brief survey during the community launch to build awareness of the GPU effort, build understanding about the GPU’s role and importance for the community, and obtain community input on high level issues, values, and vision.
Deliverable(s):
» Draft and Final Community Survey in English and Spanish » Summary of results
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 7 Task 2.5. Community Pop-Ups
Pop-ups are a fun, quick, and sometimes spontaneous way to interact with the public in an environment that is comfortable for them. Visiting the community where they live, shop, or recreate can often be more effective compared to requesting the public attend a community meeting. While these events may be relatively spontaneous for participants, they require careful planning by the consultant team in coordination with City staff. We envision our first pop-up event would build awareness, promote the community survey, and gather input from community members about relevant issues, community values, and vision for the future of Shafter. We anticipate the first pop-up will take place shortly after launching our digital presence and concurrent with the installation of signage throughout the community. If feasible, it would be great to conduct one or more pop-up at some of the activities associated with the newly returned Celebration of the Arts: COLOURS in late February 2024.
Deliverable(s):
» Up to three pop-up events
» Summary of results
Task 2.6. PC/CC Briefing #1
PlaceWorks recommends conducting briefings with the Planning Commission and City Council early to keep them aware and engaged during the update process. These briefings could be conducted at public meetings or as one-on-one interviews with each member. This first briefing would provide an overview of the Community Launch efforts, including the results of the Community Survey, and highlight the next steps in the GPU process.
Deliverable(s):
» Presentation materials
» Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 3. DISCOVERY
While some of the baseline work has been accomplished by previous efforts, including the draft updates to the Housing and Environmental Health and Justice elements, the PlaceWorks Team will update current information and evaluate new topics. PlaceWorks will lead the effort and be supported by Fehr & Peers and Provost & Pritchard. Some due diligence will be conducted to support land use and transportation planning, such as existing conditions, pending development plans, market and fiscal conditions, and roadway and infrastructure capacities. Other topics and studies are driven by environmental clearance, such as air quality and greenhouse gas emissions, or by new state requirements, such as climate adaptation and resiliency.
Task 3.1 Review of Existing Plans, Studies, and Documentation This task involves collecting comprehensive information about Shafter from existing planning documents and technical studies related to land use and policy. The intent is to augment our teams’ current understanding of Shafter and its planning context, to identify where previous information and mapping can be used and where new analysis and data is needed, and to ensure that the GPU is consistent with other planning and regulatory documents (also identifying areas where updates
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 8 will be necessary). Some examples are listed below (all City or joint documents unless otherwise stated).
Strategic Plan and City Council Goals
Currently adopted General Plan
Draft Housing Element (2023)
Draft Environmental Health and Justice Element (2021) and associated outreach Any other GP amendments (adopted or pending)
Broadband Master Plan efforts, including applications for funding Recent environmental documentation for projects
Specific Plans and environmental documentation (including recently adopted and amended plans: Gossamer Grove (2023), Marcona Preserve (2022), Orchard Park (2023)) Emergency Operations Plan and associated annexes (2022) Local Road Safety Plan (2022)
Recent safety, hazard, and biological surveys
Capital improvement plans, infrastructure master plans, and municipal service reviews AB 617 implementation efforts
Kern County and Bakersfield General Plans (currently adopted and updates in process) Regional planning efforts (such as 2022 KernCOG RTP/SCS, Kern Region Active Transportation Plan (2018), Kern County Bicycle Master Plan (2012), MJHMP (2020)) As relevant documents are identified, retrieved, and reviewed, references may emerge to other documents (local and regional) with additional information relevant to the project. Focused telephone calls and follow-up with City staff may be necessary to obtain relevant information.
Deliverable(s):
» Data collection, with appropriate information documented for future use in the Existing Conditions Story Map and other tasks
Task 3.2 Review of Existing Goals, Objectives, and Policies PlaceWorks will coordinate with City staff to evaluate the current General Plan as well as the draft Environmental Health and Justice document, identifying content that 1) is still appropriate, 2) is completed, 3) should be moved to other plans or ordinances, or 4) should be modified or deleted to ensure compliance with state law or in consideration of best practices. This technical review will be further refined after the visioning work is completed to ensure alignment with the City's updated vision statement and community values.
Deliverable(s):
» Policy review matrix with recommendations and explanations for proposed changes Task 3.3 Existing Land Use Assessment
An accurate existing land use map is important to identify opportunity areas for future land use changes, accurately estimate buildout, and conduct environmental analyses. It also engenders greater trust with the City's GPAC members, residents, and businesses by communicating our knowledge of the local area. PlaceWorks will prepare an inventory of existing land uses on a parcel basis, informed by a review of internal records and aerial research. We will include the
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 9 identification of conformance for all land uses on a parcel. An updated existing land use inventory can also be provided to regional entities at project completion so it can accurately inform regional planning efforts.
Deliverable(s):
» GIS-based existing land use map
» Statistical summary of existing land uses, calculated at the parcel level and calibrated against published resources such as the California Department of Finance and the U.S. Census Task 3.4 Mobility Assessment
Fehr & Peers will prepare a background report summarizing existing mobility conditions, including an inventory of transportation facilities (roadway, public parking, transit, pedestrian, bicycle) and a summary of their current operations. We will utilize a layered network strategy to showcase every aspect of transportation infrastructure and services comprehensively. The background report will also include existing functional classification of city streets, collision statistics within Shafter over the past five years, and pertinent traffic and travel information available from the City, Kern COG, US Census, and other sources. Additional data may include existing transit services and facilities, existing bicycle facilities, and existing pedestrian facilities.
Although state law has moved away from level-of-service (LOS) as a threshold in environmental clearance, the performance of the City’s overall roadway network remains of paramount importance. Fehr & Peers will record roadway segment and intersection traffic counts to inform policy evaluation, land use planning considerations, and the desired LOS metrics for operational analysis. Fehr & Peers will investigate how the KernCOG Traffic Count Database System, which provides comprehensive average daily traffic (ADT) counts, can be utilized to reduce the cost of collecting and processing new counts. This scope includes analysis of up to 15 street segments using recent published data (from the KernCOG database or another source). Published data will be augmented by collecting new turning movement counts by mode (autos, trucks, bicycles, and pedestrians) at up to 10 study intersections during typical weekday AM and PM peak periods (4- hour counts). Specific analysis locations will be defined in consultation with City Staff.
Finally, the goods movement network is of particular importance to the Shafter GPU effort. Fehr & Peers recently completed the Kern Area Regional Goods Movement Operations (KARGO) Sustainability Study Phases I & II. Phase I of the study was focused on developing infrastructure project concepts that facilitate logistics operations while mitigating adverse impacts on disadvantaged communities such as the City of Shafter. The BNSF Rail Terminal and the Wonderful Industrial Park are crucial to Shafter’s economy, and both have planned developments to accommodate future growth. PlaceWorks and Fehr & Peers will document these plans and work with City staff to identify additional plans and priorities for goods movement throughout the planning area.
Deliverable(s):
» Analysis of up to 15 roadway segments using available published data » Turning movement counts by mode at up to 10 study intersections » Draft and Final Mobility Assessment
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 10 Task 3.5 Infrastructure Assessment
Provost & Pritchard will document the capacity and condition of the local water supply and distribution system, wastewater conveyance and treatment system, and storm drainage capture and conveyance system based on the latest available master plan and related documents prepared for the City and service providers within the planning area boundary. Input and guidance will be sought from City public works, engineering representatives, and applicable service providers.
Additional information will include legislative and regulatory frameworks and a high level assessment of dry utilities, including telecommunications, electrical, and gas, based on available information in consultation with the City and service providers.
Deliverable(s):
» Draft and Final Infrastructure Assessment
Task 3.6 Climate Change Vulnerability Assessment
State law requires local governments to prepare a climate change vulnerability assessment (vulnerability assessment) as part of general plan updates to identify local vulnerabilities to climate change and to inform the preparation of climate adaptation and resiliency goals, policies, and actions. PlaceWorks will prepare the vulnerability assessment for Shafter to be consistent with guidance state and regional resources, including the California Adaptation Planning Guide. We will rely on the most accurate and up-to-date science on the effects of climate change, using the best available and approved State resources, including Cal-Adapt and the California Fourth Climate Assessment, local studies and reports, and all other relevant sources, such as the Caltrans District 6 Climate Change Vulnerability Assessment.
The vulnerability assessment will include three primary steps: 1) identification of climate hazards, populations, and assets; 2) vulnerability scoring of each applicable climate hazard and asset; and 3) a summary of the results. PlaceWorks will prepare a list of all hazards, populations, and assets to be assessed based on our understanding of the conditions in Shafter, state and regional guidance, and best practices. PlaceWorks will use the hazards, populations, and community assets to evaluate how vulnerable the community is to climate change hazards. These results will be translated into a vulnerability score, ranging from low (minimum vulnerability) to very high (severe vulnerability). We will work closely with City staff to ground truth the results of the climate vulnerability assessment to ensure that the assessment accurately reflects the community. The results of the scoring will be integrated into the Safety Element Background Report.
Deliverable(s):
» Administrative Draft and Final memo identifying climate hazards, populations, assets (electronic copies, Word and PDF)
» Administrative Draft and Final Vulnerability Assessment Scoring Workbook (electronic copies, Excel)
» Vulnerability Assessment Summary for inclusion in Administrative Draft and Final Background Report (electronic copies, Word and PDF)
Task 3.7 Safety Element Background Report and Mapping
PlaceWorks will prepare a comprehensive Safety Element Background Report concurrently with the Vulnerability Assessment that will provide hazard-specific information and details to meet Government Code requirements while allowing the hard copy and web-based formats of the updated General Plan to remain more streamlined. The Background Report content will provide
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 11 details on all hazards affecting the city, including geologic and seismic hazards, flooding (including dam and levee failure), urban fire hazards (wildfire as it relates to indirect smoke), drought, severe weather (including extreme heat, winds, and severe weather), dust storms, hazardous materials, and additional climate change hazards covered in the Vulnerability Assessment. Each hazard section will define the hazard and extent of the hazard, include applicable mapping of the hazard, provide an overview of historic occurrences, explain the likelihood of future occurrence, describe how climate change will affect the likelihood and severity of future occurrences. We will also include a section on disaster preparedness, response, and recovery. For this Report, we anticipate referencing relevant information in the 2020 Kern County Multijurisdictional Hazard Mitigation Plan (MJHMP) and pulling in the results from the Vulnerability Assessment where applicable. The Report will also provide implications for the Safety Element update.
The California Government Code requires that the Safety Element includes up-to-date maps on flood hazards, wildfire hazards, and climate-related hazards. The PlaceWorks Geographic Information System (GIS) team will prepare a comprehensive set of maps for the Safety Element that will include data from the California Department of Forestry and Fire Protection (CAL FIRE), Federal Emergency Management Agency (FEMA), California Geological Survey (CGS), California Department of Water Resources (DWR), California Public Utilities Commission (CPUC), and other state or regional agencies. PlaceWorks will prepare a base map that identifies critical facilities and infrastructure essential for daily operations and emergency events, drawing from the MJHMP and existing Safety Element where possible. Once reviewed and approved by City staff, PlaceWorks will use the base map to create the hazard maps for the Background Report. After City staff review and provide a consolidated set of comments, PlaceWorks will add the maps into the Final Background Report and will integrate them into the updated Safety Element. As part of preparation of maps for the Safety Element, PlaceWorks will identify and map evacuation routes and evacuation constrained residential maps as directed by SB 99.
Deliverable(s):
» Existing Plan Review Crosswalk (electronic copy, Excel) » Policy Review Matrix (electronic copy, Word)
» Administrative Draft and Final Background Report (electronic copies, Word and PDF) » A set of draft PDF maps (electronic copy)
Task 3.8 Environmental Health and Justice Assessment
While the City conducted a substantial amount of outreach and analysis through its efforts to prepare a draft Environmental Health and Justice document (2021), PlaceWorks will review the draft effort for consistency with the latest analysis and direction from the Office of the Attorney General, data from CalEnviroScreen 4.0, and the status of AB 617 and associated Community Emissions Reduction Plan efforts. As there is a substantial degree of overlap between the topics of health, environmental justice, and air quality, this task will provide critical direction to complete the previous efforts in a manner that addresses state law and appropriately addresses the desires expressed by the community, both in the past and as received during outreach efforts in 2024.
Deliverable(s):
» Draft and Final Environmental Health and Justice Assessment
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 12 Task 3.9 Existing Conditions Story Map
Establishing a clear and informed baseline for planning and environmental analysis is critical to a successful and defensible plan and EIR. Except as required to support the EIR, PlaceWorks will emphasize succinct analysis and formatting for existing conditions documentation. The intent is to communicate the essential information that should influence options and decisions, presented in a manner that engages the public, key stakeholders, and City leaders. Given the prevalence of Spanish-speaking households, PlaceWorks envisions drawing upon its experience preparing multilingual technical materials to ensure all information is distributed in a manner accessible to all residents.
We have experienced great success reaching a broader audience by leveraging our GIS and website development skills to create bilingual web-based story maps that can be viewed on a phone, tablet, or computer to relay technical information—allowing for the placement of photographs and interactive maps alongside brief narratives. To succinctly and meaningfully convey the findings from this task and related technical study information to the public, PlaceWorks will develop a story map to communicate the essential information that should influence options and decisions.
Deliverable(s):
» Draft and Final story map in English, and final story map in Spanish TASK 4. VISION, VALUES, AND ISSUES
This task will ensure a solid understanding of the conditions, trends, issues, and potentials to be addressed in the GPU. It will also continue the exploration of policy options City leaders should consider.
Task 4.1 GPAC Formation and Orientation
Over the last 40 years, we have successfully worked with and without advisory committees as a part of general plan updates. If the meetings and membership are structured well and operated with a clear set of expectations and direction, GPACs can be an incredible asset. GPACs can serve as an efficient method of ensuring a broad range of community voices are heard throughout the GPU process, establish a public forum (outside Council Chambers) for constructive dialogue, and create a set of GPU ambassadors that help educate, inform, and encourage participation from others in the community. Conversely, if structured poorly with vague direction and superficial responsibility, GPACs can become an obstacle to progress and consensus, consume a considerable amount of budget, and extend project schedules.
Examples of GPAC membership include individuals from the City Council, Planning Commission, Richland School District, Chamber of Commerce, other service providers, and up to six active and appropriate stakeholders or residents. Including one or two representatives from the City Council and Planning Commission keeps these decision-making bodies informed throughout the update process and can increase the viability of the GPAC’s discussions and recommendations.
PlaceWorks recommends that the charge of the GPAC be to review and provide recommendations to City staff, the consultant team, and ultimately the City Council on key components, such as the vision, guiding principles and overarching goals, land use alternatives plans, and the draft General Plan. This scope includes five GPAC meetings based on our understanding of the City, the issues and opportunities it is considering, and the desire to complete the GPU by January 2026.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 13 This task also includes the time to conduct the GPAC orientation immediately before the first community open house, where PlaceWorks will coordinate with City staff to initiate the GPAC, including introductions and an overview of the GPAC roles and responsibilities. GPAC members will then be asked to attend the first Community Open House to learn about the project and the results of the existing conditions report.
Deliverable(s):
» Form GPAC, including email communication to members
» Create GPAC welcome packet for distribution at orientation Task 4.2 Community Open House #1
If designed properly, large in-person public meetings can gather input and generate buy-in from a broad range of community members while enabling city and consultant staff to connect with and engage many individual residents and stakeholders more efficiently and personally. Four key aspects are: identifying the right time in the project to conduct such meetings, building awareness and excitement with key stakeholders, providing real substance to which the community can respond, and engaging participants one-on-one and through interactive tools.
The first community open house is intended to continue and expand awareness, educate the community on the City’s current context and conditions (based on the findings of the discovery phase and community survey), facilitate community input on areas of potential change, key issues, and the big ideas outlined in the current General Plan, and share their vision and values for the future of Shafter.
Deliverable(s):
» Plan and conduct in-person open house
» Event summary
Task 4.3 GPAC Meeting #1
At the first GPAC meeting, PlaceWorks will coordinate with City staff to build upon the GPAC orientation, including the nomination of a chair and vice chair, an overview of the scope and schedule for the GPU, a brief recap of the community open house and results of public input so far.
Finally, it will end with an exercise to review and update the 2011 vision for the City.
Deliverable(s):
» Plan and conduct in-person GPAC meeting
» Meeting summary
Task 4.4 Draft Vision, Guiding Principles, and Overarching Goals PlaceWorks will consider community input through the survey, open house, and GPAC meeting to prepare a draft Vision Statement, as well as a set of guiding principles and overarching goals that reflect the Community’s values to be discussed in the second GPAC meeting.
Deliverable(s):
» Admin and Draft Vision Statement, guiding principles, and overarching goals
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 14 Task 4.5 GPAC Meeting #2
At the second GPAC meeting, PlaceWorks will coordinate with City staff to review an updated Vision Statement and a set of guiding principles and overarching goals for each element.
Deliverable(s):
» Plan and conduct in-person GPAC meeting
» Meeting summary
Task 4.6 Revised Draft Vision, Guiding Principles, and Overarching Goals PlaceWorks will finalize the Vision Statement, guiding principles, and overarching goals based on the second GPAC meeting to be presented to the Planning Commission and/or City Council.
Deliverable(s):
» Revised Vision Statement, guiding principles, and overarching goals Task 4.7 PC/CC Briefing #2
This second briefing would provide an overview of the Discovery tasks, including a summary of existing conditions, issues, and opportunities based on the community outreach and GPAC activities, as well as a presentation of the Revised Vision Statement, guiding principles, and overarching goals, followed by a highlight of the next steps in the GPU process.
Deliverable(s):
» Presentation materials
» Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 5. ILLUSTRATING THE VISION
This task focuses on turning the long-term Vision Statement, guiding principles, and overarching goals into a series of land use and mobility alternatives that will help the City understand the amount, type location, and phasing of improvements for existing areas and growth into new areas.
5.1 Charrette
PlaceWorks anticipates bringing in our design experts who have intimate familiarity working both in the Kern County region and in the field of master planning. Randy Jackson (President and Principal) and Scott Ashlock (Associate Principal and Design Practice Area Leader) can quickly identify a variety of land use alternatives for growing over time based on current market demands, likely forecasts, proximity to Bakersfield and the City's central core, current and future plans for industrial development, and strategies associated with transitioning and marketing agricultural lands. PlaceWorks would conduct this charrette in here parts over the course of three days.
5.1.1 GPAC Meeting #3
First, PlaceWorks will coordinate with City staff to conduct a 3- to 4-hour GPAC meeting during which our designers, economist, and mobility and infrastructure team members will guide GPAC members through a series of land use and mobility design exercises to illustrate various land use scenarios (bubble diagrams/urban form level of detail). We will emphasize a discussion of alignment to the Vision Statement and potential implications (e.g., fiscal, phasing, equity, etc.). The intent is to educate and learn from GPAC members on what futures are possible, what futures
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 15 would require more change than is likely, and what variables need to be kept in mind when opportunities or conditions change.
5.1.2 Stakeholder interviews
Informed by the GPAC meeting, PlaceWorks will reconnect with stakeholders from task 1.3 to review preliminary conceptual land use scenarios and obtain feedback from key members of the Shafter community.
5.1.3 Public Office Hours
Finally, PlaceWorks will coordinate with City staff to host virtual office hours with the public, during which PlaceWorks and City staff will be available at specific time slots to review the land use scenarios: how they were prepared, potential issues and implications, and feedback. These office hours could also be held in person during the second and/or third day.
Deliverable(s):
» Plan and conduct Charrette over two days, including meetings with GPAC, stakeholders, and office hours
» Preliminary land use scenarios (bubble level/urban form level of detail) » Summary of meetings
Task 5.2 Conceptual Land Use Alternatives
The PlaceWorks Team will use the input collected during the Charrette to work with City staff to create up to two citywide land use alternatives to the current Land Use Plan and will analyze and present our evaluation of development potential, visual impacts, transportation demands, infrastructure and service demands, phasing, financial feasibility, fiscal impact, public improvement costs, and potential EIR implications, along with how each alternative meets the City’s revised Vision Statement, overarching goals, and guiding principles. PlaceWorks will compile this information on a citywide and growth area basis and compare existing conditions, the current land use plan and proposed land use alternatives using Esri-based modeling tools. This information will be presented to City staff for direction on the preferred land use plan.
To enable City staff, decision-makers, property owners, and the public to understand the development options better, PlaceWorks will also generate visual illustrations, photo simulations, or digital renderings of the development options for the areas of potential change that merit special focus or maybe more contentious in the public discussion.
Because there is so much potential for growth in Shafter, the full buildout of the land use plan may go many years beyond a typical planning horizon. Our typical approach in cities with large growth potential is to estimate full buildout to develop an accurate depiction of the ultimate growth so the City can appropriately plan, design, and fund its roadways, infrastructure, and public services and continue to progress toward its vision statement.
Deliverable(s):
» Draft and Final Land Use Alternatives (up to two)
» Statistical summaries of alternatives, existing conditions, and current land use plan » Illustratives of development options (up to five areas)
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 16 Task 5.3 Community Open House #2
PlaceWorks will coordinate with City staff to conduct a virtual open house that allows the community to review and provide input on the land use alternatives, ensuring that those who could not attend the GPAC meeting or office hours can still participate. This virtual open house will be recorded and can be distributed through the City’s website and various media platforms.
Deliverable(s):
» Plan and conduct virtual open house
» Event summary
Task 5.4 GPAC Meeting #4
At the fourth GPAC meeting, PlaceWorks will coordinate with City staff to review and discuss the two land use alternatives along with community input received during the open house. The intent is to either select one of the alternatives or create a third alternative to form the preferred land use alternative for consideration by the Planning Commission and City Council.
Deliverable(s):
» Plan and conduct in-person GPAC meeting
» Meeting summary
Task 5.5 Preferred Land Use Plan
Once a preferred land use alternative is selected, PlaceWorks will prepare preferred land use plan and summary report, which will include final buildout statistics, diagram(s), and refined illustratives suitable for publication on the City’s website and presentation to the Planning Commission and City Council.
Deliverable(s):
» Preferred land use plan and summary report
» Refined illustratives (up to three)
Task 5.5 Planning Commission and City Council Briefing #3 PlaceWorks will coordinate with City staff and the consultant team to conduct a second round of briefings with the Planning Commission and City Council to review the land use alternatives, community feedback, and recommended preferred land use plan. Based on the direction provided by the City Council at the study session, we will prepare a final preferred Land Use Plan for incorporation into the Policy Plan and EIR.
Deliverable(s):
» Presentation materials
» Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 6. GENERAL PLAN AND DEVELOPMENT REGULATIONS
This task addresses the production of the GPU itself, including an update and modernization of existing elements and the addition of topics and/or elements. Though every general plan must address a similar set of topics, and many are presented in a common structure, we tailor our approach to match our client’s needs, objectives, and budget. Below we refer to each section of the GPU as an “element” instead of the current GP’s use of the word “program,” although either term can be used during the planning process and in the final document.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 17 Task 6.1. General Plan Elements
Task 6.1.1 Land Use
Many of the underlying growth assumptions that drove the current Land Use Plan have changed dramatically. State mandates, climate change, and changing demographics, behaviors and spending patterns necessitate a new look at land use planning and growth in general in Shafter.
Based on the existing conditions, technical studies and community engagement, PlaceWorks will prepare land use plans, urban design concepts, zoning recommendations, and updates to land use policies.
The central focus of the Land Use Element is the preferred land use, finalized in Task 5. The element will include goals and policies focused on the character, scale, and density or intensity of each land use designation. The land use diagram will identify areas expected to be preserved, areas envisioned to be redeveloped or intensified, areas for new development, and areas to be conserved. The Element will also include a growth strategy to guide the long-term growth and development of Shafter in a way that protects and enhances the community’s quality of life and that supports the City’s continued fiscal resiliency.
PlaceWorks proposes to incorporate community deign provision in the Land Use Element. This could include characterization of various of the Shafter by urban form, such as residential neighborhoods, centers and districts for commerce and industry, mixed-use areas, and corridors.
Inherent in the identification of these areas by urban form is the inclusion of policies to preserve community character and to ameliorate compatibility issues. These goals and policies will provide support for the inclusion of objective design standards into the development code.
Because a large area of the City is currently in active agricultural production, the Land Use Element will also address agricultural uses, urban-rural interface, and the preservation of prime farm land.
The intent is to provide policies to mitigate, to the degree feasible, the conversion of prime farm land.
Task 6.1.2 Transportation and Mobility
New laws, planning guidelines, and trends have emerged that require a fresh perspective for developing the Transportation Element and associated transportation components of the Environmental Hazards Element especially related to wildfire risk and evacuation. The list below includes the most significant of these changes.
Complete Streets. Legislation enacted through Assembly Bill 1358 (passed in 2008) requires planning of complete streets and reliable funding to ensure the transportation network will enable people of all ages and abilities to travel within and through the City of Shafter. This does not mean that every street must accommodate every mode of transportation, but it does mean that we will evaluate the City's existing networks and potential expansions to maximize connectivity for all modes, keeping in mind what is feasible in the short- and long-term. Fehr & Peers will also work closely with City staff and PlaceWorks to identify preferred locations for logistics and other industrial uses, along with land use buffers, truck routes, and access design standards to minimize maintenance costs and impacts on residents and sensitive receptors, such as schools, medical facilities, and parks.
Disruptive Trends. The COVID-19 pandemic and a variety of other disruptive trends including ridehailing, electric and autonomous vehicles, new travel modes (e-bikes), micro-transit, internet shopping, and demographics are changing the amount and type of travel demand. Given the City's
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 18 proximity to Bakersfield and expanded ability to work remotely, we anticipate a focus on balancing travel demand and transportation network supply while also considering the implications for land use changes and economic development.
CEQA Guidelines. Senate Bill 743 (passed in 2013), was implemented through the 2018 CEQA Guidelines Update, replacing vehicle level of service (LOS) with vehicle miles of travel (VMT) for purposes of environmental impact analysis under CEQA. Required guidance from OPR establishes aggressive VMT reduction thresholds that need to be integrated with other VMT-related reduction expectations associated with state goals. Addressing VMT impacts at the general plan level can provide the City with substantial flexibility for SB 743 compliance.
Hazard Planning. The state legislature has been actively raising expectations for cities and counties to address risks and impacts of natural hazards in safety-related updates to the general plan. Just two examples are Senate Bill 99 and Assembly Bill 747, both of which require an analysis of evacuation risks, access, routes, and travel time and performance. Fehr & Peers is helping jurisdictions across California conduct this technical analysis at a variety of scales and budgets to meaningfully inform the City, public, and other agencies about the relationship between hazardous events and where we plan our roadway networks, critical facilities, and neighborhoods.
With this context, the general plan and associated EIR will form the City’s responses to changes and new expectations. These responses will directly influence the City’s ability to achieve desired transportation outcomes for the future. As such, the technical scope of work for the general plan transportation analysis can be developed by Fehr & Peers to meet new legal and planning requirements while also providing a risk assessment about how changes and new expectations could threaten or disrupt desired outcomes.
Task 6.1.3 Economic Growth
Building beyond its agricultural roots, Shafter is growing, driven in large part by major economic development assets, from fiber optic trunk lines and its own municipal fiber optic network to major rail facilities, freeways, and ready-to-develop industrial properties. The City has done its part, from stepping up to fund economic development after the dissolution of redevelopment agencies to strategic planning going back to 1986 and transforming City properties into economic development opportunity sites.
Clearly non-residential development will be a key component of future growth and development in the city. With in-house economics expertise, PlaceWorks will ensure that economic development considerations are woven throughout the general plan and incorporated into the development code. For example, with the potential for rail-using industrial uses, and growing public concern over the environmental effects of the logistics sector, land use compatibility will be an important issue.
It’s not enough to have economic development element policies supporting industrial development, it is also crucial that economic development goals are reflected in the land use plan and compatibility policies.
PlaceWorks will also collaborate with the City to identify how best to integrate economic development and the General Plan. Most commonly, our clients are already or will be using an economic development strategic plan. In these cases, we craft the Economic Development Element to provide long-term vision and goals and to provide policy guidance for strategic planning and investments. This is the path we took recently with the Moorpark General Plan, which is now undertaking their first strategic plan, and also with Clovis, which had and continues to have a
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 19 regular economic development strategic planning program. We also employed this approach with both Corcoran and Avenal, and in both of these communities we also helped them to craft their first economic development action plans.
Task 6.1.4 Environmental Health and Justice
PlaceWorks will build upon the substantial effort conducted to prepare a draft element on this topic, ensuring all documentation is up-to-date, reviewing draft strategies to ensure compliance with state law (and the ability to withstand review by the California Attorney General’s office), and identifying implications and priorities for land use, transportation, infrastructure, and other public facility plans and investments. PlaceWorks helped author some of the state's first environmental justice elements and has created environmental justice, health, and air quality elements for communities throughout California. We also authored a toolkit with the California Environmental Justice Alliance for local government agencies, planners, and communities to implement Senate Bill 1000, and have identified key air quality improvement strategies both within the General Plan and EIR contexts.
Task 6.1.5 Air Quality
The Air Quality Element will satisfy the requirements of AB 170 and provide strong support for the efforts of the San Joaquin Valley Air Pollution Control District to manage and improve air quality in Shafter and throughout the Valley. The work to prepare the element will include and the element will memorialize the required report describing local air quality conditions, including: air quality monitoring data, emissions inventory, significant source categories, attainment status and designations, and state and federal air quality and transportation plans. We will work with staff to explore ways to address local air quality issues while satisfying the regional requirements.
PlaceWorks will take a holistic approach to air quality, weaving air quality considerations throughout other elements in the General Plan, including land use planning, economic development, transportation and mobility, and environmental health and justice and using the Air Quality Element goals and policies to reflect the plan-wide commitment to improving air quality.
Task 6.1.6 Environmental Hazards / Safety
Both the regulatory framework and the realities of public safety have evolved substantially in the past 18 years, including the requirement to update safety elements to address climate adaptation and resiliency. The Safety Element will require a comprehensive update to incorporate the Office of Planning and Research’s (OPR’s) latest General Plan Guidelines for compliance with California Government Code 65302(g) updates resulting from SB 379 and 1035 regarding climate change adaptation and resilience, in addition to SB 1241, SB 99, and others related to wildfire mapping, hazard mitigation, and evacuation routes.
To develop an updated Element, the PlaceWorks team will follow review of the existing Safety Element outlined in task 3.7 with review other existing plans, such as the 2020 MJHMP and 2022 Emergency Operations Plan and associated annexes. We will review these plans and programs for best practices and for recent content that could be integrated into the updated Safety Element.
PlaceWorks will prepare an existing plan review crosswalk, which will compare the Government Code requirements with the content in the existing Safety Element, along with other hazard and adaptation planning documents, to identify gaps that can be addressed during the update process.
The plan review crosswalk will provide recommendations on how to address regulatory gaps in the existing Safety Element, either through integration of existing technical studies and analyses, policies, or other content, as well as updates of existing information, and preparation of new analyses, maps, or content.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 20 The PlaceWorks team will prepare an updated Safety Element that complies with all applicable State laws to protect public health, safety, and welfare of the City of Shafter. Our approach to this update is to address key issues related to natural and environmental hazards in Shafter while being responsive to the requirements of the California Government Code and State agencies. We will also preserve existing Safety Element policies as appropriate, revising existing policies where necessary based on the existing element policy review and crosswalk.
California SB 379 requires all general plans to include climate adaptation and resiliency strategies in their safety elements. The Vulnerability Assessment will inform the preparation of climate adaptation and resilience goals, policies, and implementation actions designed to reduce the identified vulnerabilities and increase resilience and preparation for anticipated climate-related hazards. Although many of the climate adaptation and resiliency goals and policies have an obvious home in the Safety Element, achievement of the goals and implementation of policies requires a cross-sector approach. In response to the updated requirements for general plans, our approach includes climate adaptation and resiliency as integral components, integrated throughout elements as applicable and nested in the safety element. We emphasize a “no regrets” approach that builds short- and long-term community resiliency and provides co-benefits such as financial savings, a resilient economy, conservation of natural resources, and improvements to public health. We will streamline the element by creating policies that address multiple issues of concern and provide multiple benefits.
Also included in this task, PlaceWorks will coordinate with the California Office of Emergency Services, the Office of Planning and Research’s Integrated Climate Adaptation and Resiliency Program, and the Department of Conservation’s California Geological Survey as necessary and appropriate. State agency reviews are anticipated to occur concurrently with the CEQA review through the State Clearinghouse. However, our team will alert Cal OES when we initiate work on the Safety Element.
Task 6.1.7 Environmental Management
Much of the analysis in the environmental health, justice, and hazards elements will overlap into how the City maintains and protects the natural and cultural resources. PlaceWorks will evaluate how the City can ensure consistency with state law in a manner that also adds value to current and future neighborhoods. For example, Senate Bill 1425 (passed in 2022), which requires measures and strategies to ensure equity, climate resilience, and rewilding as imperatives to protect natural habitat and open space. As discussed in the topic of land use, PlaceWorks brings its expertise in preparing large-scale master plans that work with the natural environment and agricultural context to generate future neighborhoods that are sustainable and highly desirable.
Task 6.1.8 Housing
As the City completes its Housing Element update, PlaceWorks will coordinate with the City to ensure consistency with other elements. Based on the City's August 2023 letter from HCD, some additional work may be necessary on the sites inventory that have implications for the Land Use Plan. Staff from PlaceWorks and Provost & Pritchard that would lead the effort for Shafter have a high level of expertise managing Housing Element updates. Should the need arise, PlaceWorks could, as it has been asked in the past, supplement the City's current efforts on its Housing Element update to secure certification. At a minimum, we anticipate looking beyond Housing Element's eight-year planning horizon to evaluate and plan for residential demand and patterns over the next 20 years through updates to the Land Use Element and other parts of the General Plan.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 21 Task 6.1.9 Public Services & Facilities
The backbone public infrastructure and services are a large part of what contributes to Shafter's high quality of life and ability to grow and attract economic development. Provost & Pritchard was added to the team to bring an engineering level of expertise to evaluate better the potential cost and phasing implications of various land use and growth alternatives.
Provost & Pritchard will lead the review of the City's current master plans and other infrastructurerelated planning and capital improvement programs and documents to yield insight for how, where, and when growth could occur throughout the entire Shafter Planning Area. Together, PlaceWorks and Provost & Pritchard can also provide high-level estimates in terms of cost and financing mechanisms suitable for the City and private development community in the central core and master planned growth areas.
Importantly, the Public Services and Facilities Element will provide goals and policies relevant to the conservation of ground water and the adequacy of both water supply and water infrastructure to support planned growth and development. In addition, the PlaceWorks team will explore sustainable approaches to stormwater management with City staff and stakeholders to identify suitable policies.
Task 6.1.10 Implementation Actions
PlaceWorks will prepare implementation actions for that focuses City efforts and resources over the next three to five years regarding new policies, land use changes, and economic development activities identified by the GPU. These sets of actions can either be included in their respective element or aggregated into an Implementation Plan. Regardless, these actions will provide an institutional framework to annually revisit the GP, gauge its continuing relevance, recommit investments to the City’s vision, and assist in future updates to the City’s Strategic Plan. We will collaborate internally, with City staff, and with other entities throughout the GPU process to identify ideas for the Implementation Plan.
Based on our experience creating and implementing GPs and other plans with the public and private sectors, PlaceWorks can recommend implementing actions that are meaningful and effective. The implementation actions will be structured by element and include information to aid staff, decision makers, and other stakeholders in selecting and prioritizing future activity. Examples of information that could be provided for each implementation item include, but are not limited to relevant policies, responsible entity, magnitude of necessary resources, time frame for initiation and completion, and measure of successful completion.
Deliverable(s):
» Admin draft, draft, and final General Plan elements
Task 6.2 GPAC #5
At the fifth GPAC meeting, PlaceWorks will coordinate with City staff to review major policy changes in the draft General Plan and discuss the preliminary results of the environmental and technical studies to prepare them for the release of the Draft EIR.
Deliverable(s):
» Plan and conduct in-person GPAC meeting
» Meeting summary
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 22 Task 6.3 Hard Copy and Web-based Formats
User Focused. PlaceWorks will first collaborate with the City to identify the best GP format, structure, and content for City staff and the community. A diverse set of users is anticipated for the GPU, including City decision makers and staff, other agencies, residents, large- and small-scale property owners, businesses, community stakeholders, and nonprofit organizations. PlaceWorks will conduct a meeting with City staff to discuss a user-focused design approach to define the GP format as well as content that not only complies with the law but provides content and information that people will use in an interface that facilitates quick and easy access.
Hard Copy Format. A streamlined and simplified hard copy is useful for legal filing and for reference by those who still prefer a hard copy to print or read. PlaceWorks will prepare a hard copy format that is functional, streamlined, and easily maintained, while still being graphically dynamic through the inclusion of vibrant photographs, illustrations, graphics, and maps.
Web-Based Format. A web-based format presents opportunities to transition a general plan from a static document to an interactive tool used by a broad range of users. With the content designed for a modern web page, users can view text narratives, graphics, zoomable and interactive maps, and other content, while linking to other internal or external web pages and documents.
Additionally, all of this content, including maps, are designed and scaled to dynamically fit any electronic device – from desktop to tablet to phone. Examples of web-based formats prepared by PlaceWorks are listed below. The list only includes examples that were led by Colin Drukker. » The Ontario Plan (https://www.ontarioca.gov/OntarioPlan) Originally developed by PlaceWorks in 2010 as the first web-based general plan in California; PlaceWorks updated the subsequent update in 2022 and assisted the City in migrating the update into the City’s existing website to simplify maintenance and implementation. As part of the 2022 update, PlaceWorks also introduced web-based maps, while retaining PDF copies as the legal reference documents.
» Clovis General Plan (https://cityofclovis.com/planning-and-development/planning/master-plans/general-plan/) PlaceWorks updated the City’s General Plan in 2014 and helped transition the City from a conventional hard copy format to a streamlined web-based format suitable for the City’s existing website. Since adoption, the City has undergone two website template updates, and the General Plan was easily carried through both new templates. » San Bernardino Countywide Plan (https://countywideplan.com/) PlaceWorks updated the County’s’ General Plan in 2020 with a comprehensive Countywide Plan that included a Policy Plan, Business Plan, and series of Community Action Guides. All of this content was unified into a web-based format that incorporated the first truly searchable comprehensive plan in the nation.
Other examples where PlaceWorks updated a general plan and is preparing a web-based format include: the City of Santa Ana (adopted 2022, to launch later this month, includes a simplified search tool), the City of Fountain Valley (adopted 2023, web-based format to launch in 2024), and the City of Dana Point (update started in 2023, web-based format anticipated in 2025).
PlaceWorks will coordinate with the City to identify the best approach for integrating the General Plan content into a web-based format that can be easily populated into and maintained through City’s current website content management system. PlaceWorks has experience working both
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 23 indirectly and directly in jurisdictions’ content management systems to ensure that preparing a web-based format requires little effort from City staff.
Deliverable(s):
» Hard-copy and web-based GP formats
Task 6.4 Development Regulations and Zoning Map Updates Provost & Pritchard will update language in the Zoning Ordinance and Subdivision Ordinance and PlaceWorks will update the Zoning Map for consistency with the adopted General Plan. Updates to the language and map will be focused on changes necessary for consistency with the updated General Plan, including implementation of those Zoning Ordinance updates identified in the City’s Housing Element. The updates to the Zoning Ordinance and Subdivision Ordinance will be included as action items in the Implementation Plan for the General Plan.
Deliverable(s):
» Admin draft, draft, and final updates to development regulations and zoning maps Task 6.5 Adoption Hearings
PlaceWorks will participate in public hearings with the Planning Commission and City Council to adopt the General Plan updates and certify the EIR. The PlaceWorks team will attend the hearings and be available for presentations and responding to comments/questions. PlaceWorks will also draft a presentation for review and refinement by City staff.
Deliverable(s):
» Prep for and attendance at adoption hearings
TASK 7. PROGRAM ENVIRONMENTAL IMPACT REPORT
The consideration of the environmental clearance—both for the GPU and post-adoption—will occur throughout all of the tasks outlined in this scope of work. As a firm that prepares both general plans and associated EIRs concurrently and works with the public and private sectors in implementing general plans and tiering off of general plan EIRs, PlaceWorks will bring its unique insight to prepare a GPU EIR that is legally defensible and streamlines future development projects that align with the City’s overall vision, guiding principles, and updated general plan. All deliverables are stated within each task.
Task 7.1 CEQA Initiation Meeting
Mark Teague, AICP (CEQA Principal-In-Charge) and Malia Durand (CEQA Project Manager) will attend one virtual project initiation meeting to discuss the proposed project and confirm the project approach, scope, goals, objectives, communication protocol, and schedule with the project team. At this meeting we will also provide our strategy to maximize future project streamlining from the General Plan Program Environmental Impact Report (PEIR). After this meeting, PlaceWorks will prepare a detailed CEQA schedule and create a detailed data needs list.
Task 7.2 Project Description
The project description will include text detailing the project characteristics, land use summary tables, statistical tables, and figures comparing existing conditions (on the ground) to the proposed GPU and associated development regulation changes. We assume the project description will be
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 24 revised based on one consolidated set of comments from the City. Our scope of work assumes coordination with our in-house planning team to ensure that the Project Description includes Existing and Proposed Project population, residential units, non-residential square feet, and employment for use in the PEIR and technical studies, including traffic.
Task 7.3 Notice of Preparation, Scoping Meeting, and Tribal Consultation As the General Plan PEIR is a comprehensive document, we do not anticipate ‘scoping out’ topics as part of the notice of preparation (NOP). If one or more of the individual impact statements under a specific topic do not apply to the City, we can either discuss that in the relevant PEIR section or include the impacts statement(s) in an “impacts found not to be significant” chapter of the PEIR.
Regardless of format, all the CEQA topics will be addressed to help in future tiering efforts.
As the need for a PEIR has already been determined, PlaceWorks will prepare the NOP as soon as the project description has been approved. The condensed version of the NOP will describe the proposed project, include maps of the planning area, and a list of environmental topics that will be discussed in the PEIR. The NOP will also specify the public review period and contact person at the City along with their address for submitting responses; and provide the time/date for the scoping meeting. PlaceWorks’ scope assumes the City will publish the NOP in the local newspaper and arrange for a location for the scoping meeting. PlaceWorks will coordinate with the City to develop a distribution list and will distribute the NOP to the State Clearinghouse (SCH), applicable State and local agencies, and other interested parties on the City’s distribution list for a 30-day public review period.
Tribal Consultation
The GPU triggers two levels of tribal consultation. The first is SB-18 that is linked to consideration of the general plan. The second is AB-52 that is linked to public circulation of the PEIR. PlaceWorks will coordinate with the City and the Native American Heritage Commission (NAHC) to determine which tribes have submitted general requests in writing to consult under AB 52 and SB 18. AB 52 and SB 18 requires that each group that has submitted general consultation requests must be contacted by letter to provide them with information about the project and ask if they wish to consult with the agency for the project being proposed.
PlaceWorks will draft the template consultation letters on behalf of the City and submit them to City staff for review and use. PlaceWorks will coordinate with the City to print the final letters on agency letterhead and send them to the tribes. PlaceWorks can assist with the consultation, however the expectation is that the City will want to take the lead with the tribes.
Public Scoping Meeting
PlaceWorks will assist the City with organizing and conducting one public scoping meeting to present the major features of the GPU and solicit comments about the scope and content of the PEIR. We will be prepared to discuss the environmental review process and to answer questions, as desired by City staff. We have had better attendance at virtual scoping meetings than in-person, however this scope allows for either.
7.4 Screen Check Draft PEIR
PlaceWorks’ approach to environmental analyses is informed by our extensive experience providing cities with general plan PEIRs that ultimately serve as the cornerstone for environmental compliance and streamlining for their jurisdiction. Our strategy centers on data-driven
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 25 methodology and well-crafted mitigation by subject matters experts to ensure the legal defensibility of the PEIR. Our goal for the City’s GPU PEIR is to create a “living document” that can be used for future tiering and streamlining of development projects. We also ensure that the agency is fully apprised of the assumptions that go into the analysis so that later projects can be evaluated through Section 15183 to the maximum extent possible.
The PEIR analyses will thoroughly address current regulatory framework, document existing conditions, and design mitigation to provide a solid foundation for future streamlining and will be prepared with the following sections, in accordance with the CEQA Guidelines:
» Executive Summary
» Introduction
» Project Description
» Environmental Setting
» Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures » Consideration of Significant Effects
» Project Alternatives
» Other CEQA-Mandated Sections
» Organizations and Personals Consulted
Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from implementation of the GPU, (d) evaluate the significance of those changes with respect to the impact significance thresholds, (e) determine whether CEQA mitigation measures are required after the application of relevant General Plan policies and regulatory requirements, (f) recommend mitigation measures as necessary to reduce or eliminate potentially significant adverse impacts, and (g) provide a conclusion as to whether significant impacts would remain even after successful implementation of recommended mitigation measures. This task assumes that PlaceWorks will respond to one round of consolidated City review comments. Aesthetics. The aesthetics analysis will address the proposed project’s potential effect on scenic vistas, visual and community character and quality; consistency with regulations and/or policies governing scenic quality; and lighting/glare. Agriculture and Forestry Resources. The City is surrounded by Prime, Unique Farmland, and farmland of Statewide importance according to the mapping provided by the Department of Conservation. As any development is likely to result in the conversion of prime agricultural land to non-agricultural uses, the PEIR will need to evaluate the impact and discuss mitigation potential.
Air Quality. PlaceWorks will conduct a robust air quality analysis using current methodology of the San Joaquin Valley Air Quality Management District (SJVAQMD). (See Task 8.1) The results of the technical modeling will be compiled into the PEIR. Model outputs will be included as an appendix.
Biological Resources. Provost & Pritchard will prepare a desktop biological assessment with results integrated into the Biological Resources section of the PEIR.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 26 Cultural Resources. Cultural resources include historical, archaeological, and tribal cultural resources. (See Task 8.2) Provost & Pritchard will prepare a desktop cultural resources record search to assess the potential cultural resource impacts of the GPU. Energy. PlaceWorks will identify the existing and forecast electricity and natural gas use in the city. We will also provide an overview and review of consistency of the General Plan policies with the California Renewables Portfolio Standard Program (RPS) and other energy-related regulations.
Geology and Soils. This PEIR section will define the city’s existing geologic, soil, and groundwater characteristics and regional seismic influences. Impacts of the GPU will be analyzed based on the proposed land use plan. Mitigation measures known to be effective in addressing various geotechnical constraints and potential impacts to paleontological resources will be defined, if necessary.
Greenhouse Gas Emissions. PlaceWorks will conduct emissions forecasts for the GPU. The emissions forecast will be based on historical information compiled for the existing conditions and forecast based on the increase in population and employment in the City from the GPU.
The increase in vehicle miles traveled (VMT) will be based on the data provided by the traffic engineer.
Hazards and Hazardous Materials. This section of the PEIR will describe known hazards in the planning area, and if necessary, will identify mitigation measures as required to avoid significant environmental impacts. The chapter will rely on a database search for the city from the California Department of Toxic Control (DTSC) also known as the Cortese List. Hydrology and Water Quality. The hydrology and water quality section of the EIR will detail existing conditions that will include the regulatory setting, water quality and groundwater issues, the City’s existing storm drain system and any capacity issues, FEMA maps and flooding potential, and the City of Shafter’s local regulations, municipal code, and stormwater development standards for new development and redevelopment projects. PlaceWorks will coordinate this effort with the City’s Public Works Department.
The hydrology and water quality section of the EIR will include the regulatory framework, regional and hydrological setting of the area, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards. Pertinent local plans, laws, and regulations pertaining to hydrology and water quality will be identified, including the requirements of the area-wide municipal stormwater urban runoff permit issued by the California Regional Water Quality Control Board-Central Valley (Order No. R5-2016-0040, NPDES Permit No. CAS0085324).
The analysis will also include issues pertaining to stormwater and flooding, creek protection, and FEMA floodplains. The EIR section will conclude with a discussion of the potential water impacts attributable to the proposed buildout pursuant to the General Plan, based on applicable significance criteria. The analysis will be prepared under the direction of a Civil Engineer licensed in the State of California.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 27 Land Use and Planning. This section of the PEIR will evaluate the potential impacts related to land use from implementation of the GPU. This section will also review the consistency and compatibility of the proposed GPU with applicable regional plans and local plans. Mineral Resources. As noted in the current General Plan the City has oil and natural gas resources within the planning area. Any changes to existing policy or approach in the updated general plan will be evaluated in the PEIR.
Noise. A noise study will be prepared by PlaceWorks (See Task 8.3). Findings from the study will be integrated into this PEIR section, and mitigation measures, if necessary, will be incorporated to reduce potentially significant noise impacts. The noise study will be based on the traffic impact analysis and will also be used to inform the Noise Element of the General Plan.
Population and Housing. This section will identify the potential changes to population, housing units, employment forecast, and the City’s jobs-housing ratio resulting from the proposed GPU. This section will describe existing and proposed land uses and how they would affect population, housing, and employment compared to existing conditions.
Increases in population, housing, and employment will also be compared to regional projections.
Public Services. The PEIR will assess impacts to public services providing fire protection and emergency services, police protection, school services, and library services associated with the proposed GPU. The City’s fire and police service providers, school districts, and libraries will be contacted at the onset for input on existing staffing and capacities and long-term plans to demonstrate their ability to serve buildout of the proposed GPU. Recreation. The PEIR will discuss existing recreational facilities and the demand that the proposed GPU would have on them. Demand for parkland and recreation facilities associated with the potential population growth will be estimated. Proposed parks, trails, and any other private or public recreational uses in the GPU will be identified, and consistency with applicable parks, trails, or other recreation plans or programs will be assessed. Satisfaction of parkland dedication requirements will also be discussed. Transportation. Using the traffic study by Fehr & Peers the PEIR will summarize the study findings and include a consistency analysis related to programs, plans, ordinances, or policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. This PEIR section will also analyze the GPU’s consistency with CEQA Guidelines Section 15064.3, subdivision (b), including vehicle miles traveled (VMT). This section will analyze impacts related to hazardous designs, incompatible uses, and emergency access. Tribal Cultural Resources. The results of the tribal consultation will be summarized in the PEIR along with any mitigation measures or policy considerations. Note that any reported resources will be kept confidential and not included in the PEIR. Record results will be given to the City however the confidentiality of the sites is required by state law.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 28 Utilities and Service Systems. The utility and service systems section would detail the existing conditions and potential capacity constraints for the water supply system, wastewater/sewer system, and storm drain system. The utilities and service systems section of the EIR will provide the regulatory setting and impacts associated with water supply and demand, wastewater infrastructure, stormwater drainage, and solid waste disposal. In addition, the impacts associated with electricity, natural gas, and communications systems will be included. Information will be incorporated from the latest (2020) Urban Water Management Plan (UWMP), Water Master Plans, Infrastructure Master Plans, Sewer System Management Plans, Storm Drainage Facility Guidelines, and CalRecycle’s Solid Waste Information System as applicable.
The utilities section will include existing conditions for water, wastewater, storm drainage, and solid waste and will include water and wastewater demands for the proposed project as compared to existing supplies and sewer/wastewater treatment capacities. Best Management Practices (BMPs) and Low Impact Development (LID) measures will be considered in determining the potential for additional stormwater with the proposed project.
In addition, the capacity of landfills to accept solid waste and the State and local solid waste diversion programs will be considered in determining potential solid waste impacts. Wildfire. The September 29, 2023, Fire Hazard Severity Zone maps do not show the City as being within any of the state responsibility areas. However, the City surrounded by agricultural fields and wildfire is always a possibility and will be evaluated in the PEIR. Alternatives. In compliance with Section 15126.6 of the CEQA Guidelines, the PEIR will evaluate a reasonable range of alternatives. Alternatives will be selected based on their ability to: (1) avoid or reduce one or more of the project’s significant impacts; and (2) feasibly attain most of the basic objectives of the project. Our team’s expertise in design and planning provides a unique opportunity to create alternatives that address potential environmental issues, including air quality/greenhouse gas emissions, aesthetics, cultural resources, land use compatibility, transportation, and noise. PlaceWorks will coordinate with the City and project team members to craft meaningful alternatives with the potential to reduce or eliminate significant impacts (if any). Up to three alternatives will be evaluated for their potential to reduce significant impacts identified in PEIR. The Alternatives section will identify the “environmentally superior alternative,” in accordance with the CEQA Guidelines and will evaluate the relative potential for each of the alternatives to achieve the project’s objectives.
Provost & Pritchard will provide a summary of water demand calculations for use in the analysis of one EIR alternative. Water demand assumptions will be documented in a memo for use by PlaceWorks and shall be based on assumptions provided or confirmed by City of Shafter staff. It is assumed that no modeling efforts will be required to determine planning level demand estimates.
7.5 Public Draft PEIR
PlaceWorks will revise the screen check Draft PEIR to address all City comments. PlaceWorks will then prepare a “print ready” Draft PEIR and distribute it electronically to the City for final approval.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 29 Upon final City approval of the print-check Draft PEIR, PlaceWorks will prepare the Draft PEIR for public review. This will include final formatting, editing, final QA/QC, and printing.
PlaceWorks will prepare the Notice of Completion (NOC) and Notice of Availability (NOA) for City approval and signature. PlaceWorks will distribute the NOC and NOA to the State Clearinghouse, Kern County Clerk, and parties on the City’s distribution list (provided by the City) for a 45-day public review period. This scope of work does not include development or placement of notices in newspapers.
7.6 Final PEIR
At the conclusion of the Public Draft PEIR public review period, PlaceWorks will prepare a screen check Final PEIR containing any revisions to the PEIR and the compiled responses to comments.
The Final Program PEIR will contain an introduction describing the public review process for the PEIR, copies of all comment letters, and written responses to all comments. The estimated budget assumes that no new technical studies or extensive research will be required to respond to comments, and that the comments will be directed at the substance and technical adequacy of the PEIR. Modification to the scope of work, budget, and timeline frame may be necessary if any comments from agencies or the public require substantially increasing the scope of impacts and issues addressed in the PEIR.
The screen check Final PEIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft PEIR. Revisions will be made in underline and/or strike-out text. This document will be submitted to the City staff for review. PlaceWorks will edit the screen check Final PEIR based on comments provided by the City. Our scope is limited to two rounds of City review of the screen check Final PEIR. It is assumed that City comments on the screen check Final PEIR will be consolidated into one document.
Upon approval by the City, the Final PEIR will be prepared. This will include final formatting, editing, and QA/QC. Responses to comments from responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final PEIR by the City Council.
7.7 Certification Documents
Mitigation Monitoring and Reporting Program
PlaceWorks will prepare the Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the Public Resources Code. It will identify the significant impacts that would result from the proposed GPU, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success.
Statement of Overriding Considerations/Findings of Fact PlaceWorks will prepare findings and facts in support of findings, describing each of the significant impacts identified by the PEIR and the determination of whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Additionally, Section 15093 requires that when an agency approves a project that will have significant adverse environmental effects that are unavoidable, it must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental consequences. PlaceWorks will
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 30 coordinate with the City to draft the statement of overriding considerations, if necessary, for any unavoidable significant impacts that may be identified by the Final PEIR.
Notice of Determination
If the project is approved by the lead agency, a notice of determination (NOD) will be filed within five working days. PlaceWorks will be responsible for filing the NOD with the Kern County Clerk as well as the State Clearinghouse. The California Department of Fish and Wildlife (CDFW) mitigation fee and county filing fees are included in this proposal. We assume the City will post the NOD on the City’s website in accordance with AB 817.
7.8 CEQA Project Management and Coordination
Communication is key to a project’s success. Therefore, PlaceWorks will be in regular communication with our internal planning team and City staff and participate in progress updates (virtual) related to project approach, scheduling, and other environmental issues throughout the CEQA process. This task includes time for our CEQA principal (Mark Teague) and project manager (Malia Durand) through the duration of the project to closely coordinate with both in-house project teams (planning and environmental), and our environmental subconsultants. This task also includes processing invoices, reviewing, and managing deliverables, ensuring quality control, and adherence to the schedule for environmental processing.
PlaceWorks’ PIC and PM will attend 1 kick-off meeting with City staff. PlaceWorks’ PIC will attend meetings on an as needed basis and PlaceWorks’ PM will attend twice-monthly checkin/coordination meetings with City staff with a mix of in-person meetings and conference calls; 2 Planning Commission meetings/workshops; and 2 City Council meetings.
TASK 8 CEQA TECHNICAL STUDIES
Like the Draft PEIR, PlaceWorks’ approach to technical studies focuses on quantitative data and well substantiated documentation to support legally defensible impact conclusions. Based on PlaceWorks’ prior experience preparing general plan PEIRs, the technical studies discussed below will provide the City with the data and information required for environmental tiering, thereby reducing redundant costs associated with CEQA in the long-term. All deliverables, unless otherwise stated, involve an admin draft, draft, and final copy of the technical study associated with each task.
8.1 Air Quality and Greenhouse Gas Emissions (PlaceWorks) PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis for the GPU and PEIR. The analysis will be based on the current methodology of the San Joaquin Valley Air Pollution Control District (SJVAPCD) for projects in the San Joaquin Valley Air Basin (SJVAB).
PlaceWorks will prepare a communitywide criteria air pollutant and GHG emissions inventory and forecast for the GPU. The results of the technical modeling will be compiled into the EIR. Model outputs will be included as an appendix.
AQ and GHG Emissions Inventory
For the EIR, we will prepare a current year inventory (CEQA Baseline). The inventory will be consistent with ICLEI’s U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (2012) for the following sectors.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 31 Energy – Electricity and Natural Gas. Buildings in the City consume electricity and natural gas.
Activity data provided by Pacific Gas & Electric (PG&E) will be used to compile the criteria air pollutant and GHG emissions inventory. Carbon intensity of electricity will be based on PG&E’s Sustainability Report.
On-Road Transportation. Buildout of the Land Use Plan would generate criteria air pollutant and GHG emissions from an anticipated increase in trips and vehicle miles traveled (VMT) by passenger vehicles and trucks. VMT will be modeled using the California Air Resources Board’s (CARB) latest emissions factor model (EMFAC) based on VMT data provided by Fehr and Peers.
Water Use/Wastewater Generation. Electricity is used to transport and treat water for indoor and outdoor purposes. Additionally, treatment of wastewater generates fugitive GHG emissions. PlaceWorks will utilize information from the City's Urban Water Management Plan and other relevant sources to evaluate GHG emissions from this sector. Solid Waste Disposal. Disposal of municipal solid waste generate indirect GHG emissions from decomposition of organic materials. This sector will be based on data available from CalRecycle for Shafter and modeled using CARB’s latest landfill gas model. Other Applicable Sources (Off-Road, Point Sources). Use of off-road equipment, such as those used during construction activities and industrial warehouses, in the City also generates criteria air pollutant and GHG emission. Emissions from the use of gasoline, diesel, and other fuels by these pieces of equipment will be included in the inventory. While industrial sources in the City generate emissions, these stationary sources are permitted sources of emissions and not under the direct or indirect control of the City. If information is available for permitted sources from SJVAPCD, these sources will be identified within the inventory separately. Potential regional localized air quality impacts from construction activities associated with implementation of the GPU will be described qualitatively.
AQ and GHG Emissions Forecast
Once the General Plan horizon year land use statistics are compiled, PlaceWorks will conduct emissions forecasts for the GPU. The emissions forecast will be based on historic information compiled for the existing conditions and forecasted based on the increase in population and employment in the City as a result of implementation of the GPU. The increase in VMT will be based on the data provided by Fehr & Peers. For the General Plan horizon year air quality and GHG forecast, PlaceWorks will consider existing regulations that reduce criteria air pollutant and GHG emissions.
AQ, Energy, and GHG EIR Sections
Regional emissions will be compared to the applicable thresholds. Potential localized air quality impacts from construction activities associated with implementation of the GPU will be described qualitatively.
The SJVAB is designated nonattainment under California and/or National ambient air quality standards (AAQS) for ozone (O3) and particulate matter (PM10 and PM2.5). Consistency of the project’s regional emissions will be evaluated against SJVAPCD’s Air Quality Management Plans to attain the long-term National and California AAQS. The SJVAB has been designated in attainment for carbon monoxide (CO) and particulate matter (PM10) under the California and/or National
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 32 AAQS. Therefore, the air quality analysis will include only a qualitative assessment of CO hotspots.
In addition, the EIR will include a qualitative assessment of potential odor generators to describe potential odor impacts.
For the Energy analysis, PlaceWorks will identify the existing and forecasted electricity and natural gas use in the City. We will also provide an overview and review of consistency of the General Plan policies with the California Renewables Portfolio Standard Program (RPS) and other energy-related regulations.
For GHG analysis, the EIR will include a discussion of the GHG reduction targets of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), SB 375, and Executive Order S-03-05. The GHG impact analysis will identify GHG emissions from the buildout of the GPU. To date, there is no comprehensive statewide plan that identifies GHG reduction programs past 2020. However, the California Air Resources Board (CARB) recently released the 2022 Scoping Plan Update which lays out a path to achieve targets for carbon neutrality and reduce GHG emissions by 85 percent below 1990 levels no later than 2045. The GHG section in the EIR will discuss the City’s commitment to reducing GHG emissions in accordance with the GHG reduction goals of AB 32, SB 32, SB 375, and Executive Order S-03-05. Project consistency with the Kern County Regional Transportation Plan (RTP) will also be reviewed.
8.2. Biological and Cultural Resources (Provost & Pritchard) Provost & Pritchard will conduct a California Natural Diversity Database (CNDDB) records search to identify documented biological resources. Provost & Pritchard will also conduct a California Historical Resources Information System (CHRIS) records search for historical and cultural resources as well as search the National, California, and local historic resource registers to identify known historic resources and conduct a Native American Heritage Commission (NAHC) Sacred Lands File records search for cultural resources. Provost & Pritchard will document the results in a memorandum for use by PlaceWorks to prepare the applicable impact analysis sections of the Environmental Impact Report (EIR). This task does not include field visits or responses to comments. Any required noticing under AB 52 or SB 18 will be conducted by PlaceWorks staff.
8.3 Noise and Vibration Analysis (PlaceWorks)
PlaceWorks will prepare the noise and vibration technical analyses to support the focused GPU.
The PEIR will discuss relevant standards and criteria for noise exposure, including those in the City’s General Plan Noise Element and Municipal Code. The noise analysis will include a field study. The results of this analysis will be summarized in the PEIR, and modeling will be provided in an appendix.
Existing Conditions. PlaceWorks will identify major sources of noise in the City and document existing noise levels. The primary source of noise in the City is traffic on major arterials and highways and the rail line through the City.
Transportation Noise: PlaceWorks will model existing and Plan buildout traffic noise levels using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Prediction Model. The PEIR will identify areas along roadway segments that would be exposed to noise levels above established criteria. Existing and future noise from rail operations will be characterized using the Federal Transit Administration (FTA) and the Federal Railroad Administration (FRA) noise models and available freight operational data.
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 33 Stationary Noise: Noise impacts from non-transportation sources will be evaluated on a programmatic level, qualitatively based on local noise standards. PlaceWorks will analyze noise impacts from non-transportation sources such as major commercial and industrial uses in terms of potential impacts to nearby noise-sensitive receptors and the noise limitations identified within the City’s Municipal Code.
Construction Noise and Vibration: PlaceWorks will provide a qualitative analysis for potential construction impacts associated with buildout of the Plan. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the FTA and the City’s Municipal Code. Feasible mitigation measures will be identified to minimize noise and vibration impacts associated with buildout of the plan.
8.4 Transportation (Fehr & Peers)
Fehr & Peers will review the proposed land use plan and the current Kern COG Travel Demand Model. Fehr & Peers will also review the 2046 RTP/SCS MIP 3.0 model and modify roadway networks and land use information (number of jobs, household, population, etc.) for transportation analysis zones (TAZ) in the City of Shafter to ensure consistency with General Plan assumptions.
Fehr & Peers will prepare two full model runs for the base year (existing scenario) and cumulative year (General Plan preferred horizon scenario). Additional scenarios and full model runs can be undertaken if required with an additional budget.
Fehr & Peers will incorporate the roadway network developed in Task 5 into the KernCOG Travel Demand Model in order to understand network sizing needs. The model output results will be used for evaluating LOS under cumulative conditions. After the model is completed and appropriately estimates travel on major streets, we will utilize it to estimate traffic volumes on key roadways in the City, as well as develop VMT estimates for use in the CEQA document.
Fehr & Peers will evaluate up to two alternative scenarios, and will provide quantitative comparisons for VMT measures, qualitative analysis for LOS measures, and the required hazards and safety analysis. Additional details are provided below.
Level of Service Assessment. Post-processing travel model volume and LOS assessment – Fehr & Peers will process the outputs of travel demand volumes using available count data in order to develop final forecasts for 15 segments and 10 intersections. This information will be used to estimate LOS during typical weekday AM and PM peak periods for each of the segments and intersections using the latest methodology from the Highway Capacity Manual, summarized in both tabular and graphical format. The LOS assessment will cover the following scenarios:
Existing Conditions - using the collected traffic count data. Future Year No Project Conditions –volume forecasts using the land use and roadway network assumptions that are already included in the Kern COG 2024 RTP/SCS travel demand model and generally reflect the existing General Plan of the City. Future Year With Project Conditions – volume forecasts using the proposed land use and proposed roadway network for the preferred General Plan Scenario.
VMT Assessment. Fehr & Peers will work with the project team and City staff to identify the appropriate methodology and threshold for evaluating VMT impacts for the General Plan. This scope assumes that VMT will be estimated in the following three ways:
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 34 Regional Targets Advisory Committee (RTAC) Method – This method estimates VMT by using 100% VMT accounting for trips that begin and end in the City, 50% VMT accounting for trips with only one trip ending within the City, and 0% VMT accounting for trips that pass through the City.
This methodology was established to provide the information needed to assess the performance of plans in achieving the GHG targets set under SB375.
Full Accounting Origin-Destination (OD) Method – This method estimates VMT using 100% accounting for all trips that have both or one trip end within the City. This is typical accounting for project-level assessments and will provide useful information for the City if they desire to include a VMT-related policy or use the information for revising the City’s adopted VMT threshold for identifying significant project impacts from future development. Boundary Method Accounting – This method applies a boundary (typically the city limits and/or city limits plus the sphere of influence) and includes all VMT within the identified boundary, regardless of the trip origin/destination. This method provides a useful comparison of VMT; especially if the project displaces traffic to longer routes due to anticipated congestion along the route.
The VMT estimates will be provided for the three analysis scenarios in tabular format.
Emergency Evacuation Assessment. Two recent bills have been passed by the state legislator that affect the Safety Element of the General Plan: SB 99 and AB 747. SB 99 requires parcels with only one point of access to be identified within the Safety Element or Hazard Mitigation Plan, and AB 747 requires the evaluation of the transportation network and its adequacy/viability to accommodate an evacuation under a range of evacuation scenarios.
The SB 99 assessment is completed using GIS and Fehr & Peers has developed an additional layer to the typical SB 99 assessment we call RESILIENCY+ that also looks at the distance neighborhoods need to travel to access evacuation centers and/or exit the City. This can be overlaid with other hazard data (high fire severity zones, flood maps, fault zones, etc.) to identify potential neighborhoods that have limited redundancy from an accessibility perspective. This could provide useful information for plan. This analysis will be coordinated with the Safety Element analyses (for SB 99) conducted by PlaceWorks.
AB 747 can be completed in a variety of different ways. These include review of a limited amount of evacuation events (say two fire evacuation event scenarios) where the number of evacuation trips are estimated based on household size, employment information, and the number of autos owned per household, and we utilize planning level segment capacity to estimate the amount of time required to facilitate that assessment. We have also completed an internal tool, EVAC+, that estimates origins/destinations of the evacuation trips in 15-minute increments and simulates those trips onto the roadway network that can account for vehicle rerouting (when parallel routes are less congested) but also account for how congestion builds over space and time. This is all incorporated into a dynamic traffic assignment (DTA) model to better inform how much time would be required to evacuate under the specified evacuation event.
For purposes of scoping, Fehr & Peers has assumed that only the GIS assessment identifying parcels with only one point of access will be completed and we have assumed that the AB 747 assessment will include two evacuation scenarios and will be completed at a higher planning-level scale using estimated hourly capacities (e.g., we will not be applying RESILIENCY+ nor EVAC+ for this assessment). This scope also assumes that we will attend one meeting with emergency services
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 35 personnel to assist in refining emergency evacuation routes and to define the emergency evacuation scenarios.
EIR Support and Meeting Attendance. Fehr & Peers has budgeted a total of 40 hours to support the project team in writing the transportation section of the General Plan and General Plan EIR.
We envision that our work will provide final quality assurance and quality control (QA/QC) of each section written by PlaceWorks, that Fehr & Peers will answer any questions from PlaceWorks as they write these sections and/or respond to comments on each section.
Response to Comments. At this stage, it is unknown how many comments will be received on the Draft EIR. Fehr & Peers will assist the City by preparing written responses to transportation-related comments on the Draft EIR. Up to 10 hours of staff time has been budgeted for this task. No new technical analysis is assumed as part of this task. Should a greater level of effort be required, Fehr & Peers will inform the client and submit a revised scope and fee.
8.5 Water Supply Analysis (Provost & Pritchard)
Provost & Pritchard will provide a summary of water demand calculations for use in the analysis of the GPU PEIR alternative. Water demand assumptions will be documented in a memo for use by PlaceWorks and shall be based on assumptions provided or confirmed by City of Shafter staff. It is assumed that no modeling efforts will be required to determine planning level demand estimates.
TASK 9 GIS
An accurate inventory of GIS maps and information is essential for any GPU. GIS is used not only for the production of maps, but for data analytics, and it will play a central role in developing the plan. The key is to maximize the value of accurate GIS data while minimizing the cost of obtaining and correcting information. PlaceWorks recommends a combination of City data augmented by external authoritative data sources.
GIS Data. PlaceWorks is an Esri Partner and has been certified by Esri with an ArcGIS Online Specialty designation, with an ability to quickly and cost-effectively integrate external authoritative data from a variety of government and nongovernment sources. The data can be displayed through interactive web-based maps (at little additional cost) as well as visually compelling hard copy maps—both options suitable for use by City staff and the public. The data will also be integrated into the City’s GIS system suitable for internal use and, as appropriate and/or required, to online portals for public access. As part of this task, PlaceWorks will:
» Obtain relevant map information and GIS data from the City. » Supplement City GIS data with new or updated information from other authoritative sources.
» Assemble GIS data sources into GIS platforms.
» Identify and resolve any outstanding data deficiencies and potential inaccuracies. » Establish protocols regarding data quality control, documentation, transfer, database schema, and formats for data and metadata.
» Prepare an accurate parcel-level base map that is transferable and viewable in electronic and physical formats.
» Deliver parcel-level base map as an interactive web map GIS Mapping. GIS maps will support all the major tasks in the GPU, starting with those prepared for the kick-off meetings. This task also includes additional GIS analysis necessary to understand the
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 36 needs and implications of potential policies and environmental analysis. PlaceWorks will develop a design template for digital files and hard copy reproduction to ensure a consistent image and quality. We will also prepare an accurate parcel-level map for use by other studies and reports prepared by other consultants. Based on our experience with general plans in similar cities, we have budgeted for the creation of approximately 75 maps/exhibits (including draft and final maps).
Depending on the complexity of data and functionality, between 20 and 30 maps will also be uploaded as interactive web-based layers.
TASK 10 PROJECT MANAGEMENT
This task accounts for the ongoing activities that are essential for keeping a project on schedule and within budget, such as communication and meetings with City staff, schedule and budget management, and internal coordination. Effective project management is especially important to meet the City’s targeted deadline of January 2026.
10.1 Ongoing Project Management
PlaceWorks will serve as the primary consultant and point of contact, responsible for coordination with the City, other agencies, and consultants (subconsultants or other consultants hired by the City). Colin Drukker will serve as Principal-in-Charge (PIC), Halley Grundy will serve as the Project Manager (PM), and Maria Ceja will serve as the Assistant Project Manager (APM). Colin and Halley will also serve as points of contact for all communications with the City.
PlaceWorks will maintain a live schedule that is updated as needed and identifies the status of each task, critical paths, and key milestones for the duration of the project. PlaceWorks can provide the schedule in a format best suited to the need throughout the project, whether it be to communicate a simplified schedule to the public or to dive into day-to-day detail with City staff and other consultants. An overall status report of the project and budget will be provided monthly, concurrent with invoicing.
10.2 Coordination Meetings
PlaceWorks will participate in monthly meetings with City staff to coordinate work tasks and deliverable products among our team members and other consultants, review project progress, schedule future tasks, and discuss and identify solutions for any issues impacting the successful performance of the work program. For budgeting purposes, we assume one virtual meeting on average every other week over the course of the project schedule (frequency adjusted based on need and availability). PlaceWorks has also included time and budget for key staff members to attend conduct periodic conference calls on an as-needed basis throughout the project timeline.
Deliverable(s):
» Coordination meetings (up to 60)
Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 37 Proposed Schedule and Cost Estimate
The proposed schedule and cost estimate are both provided on the following pages.
PlaceWorks 2024 Fee Schedule
123412341234123412341234123412341234123412341234123412341234123412341234123412341234123412341234 TASK 1. PROJECT KICK OFF
1.1 Kick-Off Meeting
1.2 Public Participation Protocols1.3 Stakeholder Outreach1.4 Project Branding TASK 2. COMMUNITY LAUNCH
2.1 Project Website2.2 Project Overview Collateral2.3 Project Marketing for Community Launch2.4 Community Survey2.5 Community Pop-Ups2.6 PC/CC Briefing #1 TASK 3 DISCOVERY
3.1 Review of Existing Plans, Studies, and Docs3.2 Review of Existing Goals, Objectives, and Policies3.3 Existing Land Use Assessment3.4 Mobility Assessment3.5 Infrastructure Assessment3.6 Climate Change Vulnerability Assessment3.7 Safety Element Background Report and Mapping3.8 Environmental Health and Justice Assessment3.9 Existing Conditions Story Map TASK 4. VISION,VALUES, AND ISSUES
4.1 GPAC Formation and Orientation4.2 Community Open House #1 4.3 GPAC Meeting #1 4.4 Draft Vision, Guiding Principles, and Overarching Goals4.5 GPAC Meeting #2 4.6 Rev Vision, Guiding Principles, and Overarching Goals4.7 PC/CC Briefing #2 TASK 5. ILLUSTRATING THE VISION
5.1 Charrette
5.2 Conceptual Land Use Alternatives5.3 Community Open House #2 5.4 GPAC Meeting #4 5.5 Preferred Land Use Plan5.6 PC/CC Briefing #3 TASK 6. GENERAL PLAN AND DEVELOPMENT REGULATIONS
6.1 General Plan Elements6.2 GPAC Meeting #5
6.3 Hard Copy and Web-Based Formats6.4 Development Regs and Zoning Map Updates6.5 Adoption Hearings TASK 7. PROGRAM ENVIRONMENTAL IMPACT REPORT
7.1 CEQA Initiation Meeting
7.2 Project Description7.3 Notice of Preparation, Scoping Mtg, and Tribal Consult 7.4 Screen Check Draft PEIR7.5 Public Draft PEIR7.6 Final PEIR7.7 Certification Documents7.8 CEQA Project Management and Coordination TASK 8. CEQA TECHNICAL STUDIES
8.1 Air Quality and GHG Emissions (PlaceWorks)8.2 Cultural and Biological Resources (P&P)8.3 Noise and Vibration Analysis (PlaceWorks)8.4 Transportation - EIR (F&P)8.5 Water Supply Analysis (P&P) TASK 9. GIS
9.1 Data and Mapping
TASK 10. PROJECT MANAGEMENT
10.1 Ongoing Project Management10.2 Coordination Meetings Duration GPAC Meeting Meeting with Staff CC Meeting PC Meeting Community Open House City Review Period
Public Review Period
2026
FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN
Week:
MAR APR MAY
2025JAN
Project Schedule - as of 12/04/2023
PlaceWorks Proposal - Shafter General Plan Update and EI R
JUN JUL AUG SEP OCT NOV DEC
2024
Month: FEB
THE PLACEWORKS TEAM
Shafter General Plan Update and EIR
COST PROPOSAL
F&P P&P 10%
DRUKKER GRUNDY CEJA GUNNELLS NOWAK Proj Plnr Planner JACKSON ASHLOCK REYES Designer SEALE KRISPI ROHR ROBBINS MAZUR GIS Mngr GIS Coord. CHUNG TEAGUE DURAND BRADFORD CISNEROS Proj Plnr PARK ELCHAMMA NGUYEN CHUNG KHAN BUSH VEGA Title Principal Senior
Associate
Associate Chief
Economist
Principal Project
Planner
Planner Principal Associate
Principal
Associate Designer Principal Senior
Associate
Senior
Associate
Associate Associate
Principal
GIS
Manager
GIS
Coordinator
Associate
Designer
Principal Associate
Principal
Associate
Planner
Associate Project
Planner
Senior
Associate
Senior
Engineer II
Senior
Associate
Associate
Principal
Project
Planner
Sr Engineer Scientist
Role
PiC Project
Manager
Assistant
PM
Economics Outreach
Lead
Planning Planning Design
Advisor
Design
Lead
Design Design Climate,
Safety
Climate,
Safety
Climate,
Safety
Climate,
Safety
GIS Lead GIS and
Graphics
GIS and
Graphics
Graphic
Design
EIR
Principal
EIR
Proj Mgr
EIR Assistant
PM
CEQA
Associate
CEQA Proj
Plnr
AQ, GHG,
Energy Lead
Water
Supply
AQ, GHG,
Energy
Noise
Lead
Noise Hydro, WQ,
Geohazards Lead
Hydro, WQ,
Geohazards
Task Hourly Rate (2024): $273 $205 $147 $257 $273 $152 $131 $310 $252 $152 $126 $263 $221 $195 $147 $236 $215 $163 $184 $273 $240 $168 $152 $131 $242 $252 $200 $242 $152 $210 $105 $116 $147 $131Task Hourly Rate (2025): $287 $215 $154 $270 $287 $160 $138 $325 $265 $160 $132 $276 $232 $205 $154 $248 $226 $171 $193 $287 $252 $176 $160 $138 $254 $265 $209 $254 $160 $221 $110 $121 $154 $138TASK 1. Project Kick-off (2024)
1.1 Kick-off meeting 6 8 12 1 1 1 29 $5,810 $0 $5,810
1.2 Public participation protocols 6 8 12 4 30 $6,132 $0 $6,1321.3 Stakeholder outreach 8 8 8 8 32 $7,056 $0 $7,0561.4 Project branding 4 4 16 8 32 $5,397 $0 $5,397 Task 1. Subtotal 20 28 36 9 5 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 1 0 0 0 0 0 0 0 0 0 0 8 123 $24,395 $0 $0 $0 $24,395 TASK 2. Community Launch (2024)
2.1 Project website 2 6 8 20 36 $5,576 $0 $5,576
2.2 Project overview collateral 6 16 60 2 32 12 128 $20,727 $0 $20,7272.3 Project marketing for community launch 12 18 40 4 40 40 154 $27,374 $0 $27,3742.4 Community Survey 2 8 12 2 20 44 $7,119 $0 $7,1192.5 Commuity Pop-Ups (x3) 8 16 24 2 20 20 90 $16,569 $0 $16,5692.6 PC/CC Briefing #1
(aligned with pop-up to consolidate travel time) 6 10 8 8 32 $5,912 $0 $5,912 Task 2. Subtotal 36 74 152 0 10 72 60 0 0 0 0 0 0 0 0 0 0 0 60 0 0 0 0 0 0 0 0 0 0 0 0 0 484 $83,276 $0 $0 $0 $83,276 TASK 3. Discovery (2024)
3.1 Review of Existing Plans, Studies, and Documentation 8 16 20 4 30 78 $13,367 18,420 $20,262 $33,629
3.2 Review of Existing Goals, Objectives, and Policies 18 18 32 18 16 102 $20,034 $0 $20,0343.3 Existing Land Use Assessment 2 6 12 32 52 $7,739 $0 $7,7393.4 Mobility Assessment 8 16 8 32 $6,636 21,930 $24,123 $30,7593.5 Infrastructure Assessement 4 8 8 20 $3,906 31,000 $34,100 $38,0063.6 Climate Change Vulnerability Assessment 4 4 2 4 20 60 94 $15,975 $0 $15,9753.7 Safety Element Background Report and Mapping 4 4 2 4 20 40 74 $13,035 $0 $13,0353.8 Environmental Health and Justice Assessment 16 12 48 76 $13,881 $0 $13,8813.9 Existing Conditions Story Map 2 8 24 40 28 8 92 $13,704 $0 $13,704 Task 3. Subtotal 66 92 156 22 0 0 118 0 0 0 0 8 0 42 108 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 620 $108,276 $44,385 $34,100 $78,485 $186,761 TASK 4. Vision, Values, and Issues (2024)
4.1 GPAC Formation and Orientation 8 18 18 8 2 54 $11,120 $0 $11,120
4.2 Community Open House 1
(includes travel for Open House 1, GPAC orientation & GPAC meeting 1) 16 32 32 4 20 4 108 $20,433 6,740 $7,414 $27,847
4.3 GPAC Meeting #1 8 18 18 8 52 $10,574 $0 $10,5744.4 Draft Vision, Guiding Principles, and Overarching Goals 6 6 8 6 26 $5,586 $0 $5,5864.5 GPAC Meeting #2 (includes travel time) 8 12 16 8 44 $8,211 $0 $8,211
4.6 Revised Vision, Guiding Principles, and Overarching Goals 8 12 16 8 20 64 $11,676 $0 $11,676
4.7 PC/CC Briefing #2 6 10 8 8 32 $5,912 $0 $5,912
Task 4. Subtotal 60 108 116 30 6 28 28 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 380 $73,511 $7,414 $0 $7,414 $80,925 TASK 5. Illustrating the Vision (2024)
5.1 Charrette 30 40 40 30 6 24 30 40 55 55 12 362 $71,962 $0 $71,962
5.1.1 GPAC Meeting #35.1.2 Stakeholder interviews and focus groups5.1.3 Public Office Hours
5.2 Conceptual Land Use Alternatives (2) 12 60 60 16 16 30 30 224 $40,877 $9,000 $9,900 $50,777
5.3 Community Open House 2 (includes travel time) 16 30 60 40 4 150 $25,253 6,740 $7,414 $32,6675.4 GPAC Meeting #4 (includes travel time) 8 18 18 8 52 $10,574 $0 $10,574
5.5 PC/CC Briefing #3 6 10 8 8 32 $5,912 $0 $5,912
Task 5. Subtotal 72 158 186 54 6 24 48 30 56 85 85 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 820 $154,576 $7,414 $9,900 $17,314 $171,890 TASK 6. General Plan and Development Regulations (2025)
6.1 Elements 24 80 60 24 100 6 24 40 8 8 30 30 434 $78,815 $31,960 $35,156 $113,971
6.1.1 Land Use6.1.2 Transportation and Mobility6.1.3 Economic Growth6.1.4 Environmental Health and Justice6.1.5 Air Quality6.1.6 Environmental Hazards / Safety6.1.7 Environmental Management6.1.8 Housing6.1.9 Public Services & Facilities6.1.10 Implementation Actions
6.2 GPAC Meeting #5 (includes travel time) 8 18 18 8 52 $11,102 $0 $11,102
6.3 Hard Copy and Web-based Formats 8 12 40 80 32 172 $28,246 $0 $28,2466.4 Development Regulations and Zoning Map Updates 6 8 4 18 $4,057 24,000 $26,400 $30,4576.5 Adoption Hearings 16 32 16 16 30 110 $22,392 $0 $22,392 Task 6. Subtotal 62 150 138 48 0 0 210 0 0 0 0 6 0 24 40 0 0 0 32 0 0 0 0 0 8 8 0 0 0 0 30 30 786 $144,612 $35,156 $26,400 $61,556 $206,168 TASK 7. PROGRAM ENVIRONMENTAL IMPACT REPORT (2025)
7.1 CEQA Initiation Meeting 2 2 2 444 18 $4,172 $0 $4,172
7.2 Project Description 2 6 6 2 4 8 24 16 68 $11,030 $0 $11,030
7.3 NOP, Scoping Meeting, Tribal Consultation 2 2 6 4 16 16 8 16 70 $11,405 $0 $11,405
7.4 Screen Check Draft PEIR 4 4 4 24 60 96 0 122 0 62 0 0 36 0 0 16 32 30 490 $91,545 $0 $91,545 Air Quality & Greenhouse Gas Emissions 0 $0 $0 $0Biological Resources 0 $0 6,000 $6,600 $6,600Cultural Resources 0 $0 $0 $0Energy 0 $0 $0 $0Geology & Soils 48 12 $1,808 $0 $1,808Hazards & Hazardous Materials 2 6 16 24 $3,767 $0 $3,767 Hydrology & Water Quality 32 18 50 $11,345 $0 $11,345Land Use & Planning 0 $0 $0 $0Mineral Resources 8 12 20 $3,065 $0 $3,065Noise 0 $0 $0 $0Population & Housing 2 4 8 12 26 $4,646 $0 $4,646Public Services 4 8 24 36 $5,727 $0 $5,727 Recreation 24 6 12 $2,036 $0 $2,036
Transportation 2 2 4 16 24 $3,988 $0 $3,988Tribal Cultural Resources 48 12 $1,808 $0 $1,808Utilities & Service Systems 30 18 6 54 $11,642 $0 $11,642 Wildfire 24 6 $904 $0 $904Alternatives 48 12 $3,163 3,000 $3,300 $6,463Other CEQA 6 8 16 30 $5,128 $0 $5,128 Edit & Review 16 32 40 16 32 24 160 $29,894 $0 $29,894
7.5 Public Draft PEIR 2 2 2 4 24 40 40 8 24 146 $25,353 $0 $25,3537.6 Final PEIR 2 2 2 6 24 24 40 16 16 132 $23,501 2,640 2,260 $5,390 $28,8917.7 Certification Documents 2 2 2 12 12 50 8 16 104 $16,783 $0 $16,783
7.8 Management and Hearings 2 2 2 24 60 40 130 $30,368 3,000 $3,300 $33,668 Task 7. Subtotal 18 22 26 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64 192 240 0 292 0 62 0 0 36 0 0 40 64 102 1158 $214,156 $2,904 $15,686 $18,590 $321,667 TASK 8. CEQA Technical Studies (2025)
8.1 Air Quality and Greenhous Gas Emissions 2 37 130 4 172.75 $31,136 $0 $31,136
8.2 Cultural and Biological Resources (Provost & Pritchard) 0 $0 $0 $08.3 Noise & Vibration 21 29 8 90 8 156 $28,283 $0 $28,2838.4 Transportation (Fehr & Peers) 48 12 $3,163 67,580 $74,338 $77,5018.5 Water Supply Analysis (Provost & Pritchard) 48 12 $3,125 18,000 $19,800 $22,925 Task 8. Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0 6 41 0 0 44.5 0 0 220.25 0 0 12 0 0 352.75 $65,706 $74,338 $19,800 $94,138 $159,844 TASK 9. GIS
9.1 GIS 8 75 400 483 $87,290 $0 $87,290
Task 9. Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 75 400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 483 $87,290 $0 $0 $0 $87,290 TASK 10. Project Management
10.1 Ongoing Project Management 40 100 65 12 16 233 $49,581 $0 $49,581
10.2 Coordination Meetings 60 100 80 240 $51,046 13,950 8,740 $24,959 $76,005 Task 10. Subtotal 100 200 145 0 0 0 0 0 0 0 0 12 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 473 $100,627 $15,345 $9,614 $24,959 $125,586 Labor Hours Total 434 832 955 163 27 124 464 30 56 85 85 26 0 82 148 8 75 421 108 70 234 240 0 292 44.5 62 8 8 256.25 0 0 52 102 140 5679.75 $811,186 $186,956 $115,500 $302,456 $1,447,802 Labor Dollars Total $120,939 $174,160 $142,656 $42,549 $7,371 $18,879 $62,278 $9,293 $14,112 $12,941 $10,710 $7,061 $0 $16,380 $22,050 $1,985 $16,951 $71,944 $20,139 $20,066 $58,956 $42,336 $0 $40,241 $11,284 $16,405 $1,676 $2,029 $40,965 $0 $0 $6,306 $15,685 $19,241 $811,186 PlaceWorks Percent of Total Labor 7.6% 14.6% 16.8% 2.9% 0.5% 2.2% 8.2% 0.5% 1.0% 1.5% 1.5% 0.5% 0.0% 1.4% 2.6% 0.1% 1.3% 7.4% 1.9% 1.2% 4.1% 0.0% 5.1% 0.8% 0.1% 0.1% 4.5% 0.0% 0.0% 0.9% 1.8% 2.5% 93.8% Subconsultants Reimbursable Expenses $11,000PlaceWorks Reimbursable Expenses $40,860REIMBURSABLE EXPENSES TOTAL $51,860TOTAL $1,499,661 Subcons.
Labor Total
(incl. 10% markup)
Env.
Report
Graphics TOTAL
TASK
BUDGET
PlaceWorks
Labor Total
PLACEWORKS
Transportation
& Mobility
PlaceWorks
Hours
Technical
Editing
WP/
Clerical
Infrastructure
PLACEWORKS | 12/4/2023
CITY OF SHAFTER
PROFESSIONAL SERVICES AGREEMENT
1. PARTIESAND DATE.
This Agreement is made and entered into this day of 20--, by and between the City of Shafter, a municipal corporation organized under the laws of the State of California with its principal place of business at 336 Pacific Avenue, Shafter, California 93263, County of Kern, State of California ("City") and Placeworks, lnc., a California corporation, with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, California 92707 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties. "
2. RECITALS.
2.1 Gonsultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the City of Shafter General Plan Update, Development Regulation Updates, and Programmatic Environmental lmpact Report ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, seryices, and incidental and customary work necessary to fully and adequately supply the professional planning services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A'attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 20, 2024, to March 20, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation
3.2.1 Comoensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth BB&K (2021 )
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Exhibit 2
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Four Hundred and Ninety-Nine Thousand Six Hundred and Sixty-One Dollars ($1,499,661.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Pavment of Comoensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. lf the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Exoenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra WorK' means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 ResponsibilitiesofConsultant.
3.3.1 lndependent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "8" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
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3.3.3 Conformance to Aoolicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. ln the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Colin Drukker, Principal, Placeworks, lnc.
3.3.5 Citv's Representative. The City hereby designates Steven Esselman, Planning Director, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Colin Drukker, Principal, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care: Performance of Emolovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform BB&K (2021 )
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any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "Au or "8" attached hereto, orwhich may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1)Acts of God or other natural disasters; (2) terrorism orotheracts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Reoulations: Emplovee/Labor Certification.
3.3.10.1 Comoliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Seruices, including all Ca|/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Emoloyment Eliqibility: Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the lmmigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants BB&K (2021 )
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and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal opoortunifu Emolovment. consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Qualitv. To the extent applicable, Consultant must fully comply with allapplicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against anyfines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 water Qualitv Manaqement and comoliance. consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution ControlAct (33 U.S.C. S 1251, ef seg.); the California Porter-Cologne Water Quality Control Act (Water Code S 13000 ef seg.); and any and all regulations, policies, or permits issued pursuantto any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safetv. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. ln carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 lnsurance.
3.3.11.1 Time for Comoliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. ln addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
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3.3.11.2 Tvpes of lnsurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. lf the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability lnsurance which affords coverage at least as broad as lnsurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability lnsurance: Automobile Liability lnsurance with coverage at least as broad as lnsurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
lnsurance, as required by the State of California and Employer's Liability lnsurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). lf coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initialAgreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 lnsurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional lnsured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional lnsured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a BB&K (2021)
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thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) ProfessionalLiability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend. (D) Workers'Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City exceptten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primarv and Non-Contributinq lnsurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.'11.5 Waiver of Subrooation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-lnsured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of lnsurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) priorto the expiration of any such policy, evidence of insurance showing that BB&K (2021)
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such insurance coverage has been renewed or extended shall be filed with the City. lf such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptabilifu of lnsurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and authorized to transact business of insurance in the State of California, or othenruise allowed to place insurance through surplus line brokers under applicable provisions of the California lnsurance Code or any federal law.
3.3.1 1.9 Enforcement of Aoreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limitinq. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.1 1.1 1 Additional lnsurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations othenruise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) lf at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. ln the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 lnsurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these lnsurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements underthis Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailinq Waqes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title B, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. lf the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. lt is the intent of the parties to effectuate the requirements of sections 1771,1774, 1775, 1776, 1777.5,1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Reoistration/DlR Comoliance. lf the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works p0ect of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of lndustrial Relations ('DlR"). Consultant shall maintain registration forthe duration of the Project and require the same of any subconsultants.
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records directly to the DlR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnifiT and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifiTing the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.'1.2 Effect of Termination. lf this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. ln the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 lndemnification.
3.6.1 Professional Liability. Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.6.2 All Other Liabilities. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, BB&K (2021 )
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subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.7 General Provisions.
3.7.1 Accountino Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 lndeoendent Contractors and Subcontractino.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dvnamex Operations West. lnc. v. Suoerior Court, 4 Cal. sth 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnelwho perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment lnsurance Code and allapplicable lndustrialWelfare Commission Wage Orders.
3.7.2.2 Prior Aooroval Reouired. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. ln the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent.
3.7.3 Deliverv of Notices. All notices permitted or required underthis Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Placeworks, lnc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
ATTN: Colin Drukker, Principal
City City of Shafter
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336 Pacific Avenue
Shafter, CA 93263
ATTN: Steven Esselman, Planning Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentialitv.
3.7.4.1 Documents & Data: Licensinq of lntellectual Prooerty. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modifi7, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or othenruise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant underthis Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City once payment is received by Consultant, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished.
The reproduction expense shall be borne by City at the actual cost of duplication. ln the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. ln addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notifl7 City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares underthis Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Riqht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a p@ect other than this Project without employing the services of Consultant shall be at City's sole risk. lf City uses or reuses the Documents & Data on any project otherthan this Project, it shall remove the Consultant's sealfrom the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the BB&K (2021)
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negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7 .4.4 lndemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant unless required by law. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project unless required by law. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential lnformation. The City shall refrain from releasing Consultant's proprietary information ("Proprietary lnformation") unless the City's legal counsel determines that the release of the Proprietary lnformation is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notifl7 Consultant of its intention to release Proprietary lnformation.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary lnformation. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary lnformation. City shall not release the Proprietary lnformation after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 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.
3.7.6 Entire Aqreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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3.7.7 Attornevs' Fees. lf either party commences an action against the other party, either legal, administrative or otheruvise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the loiing party reasonable attorneys' fees and all costs of such action.
3.7.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. ln addition to any and all iontract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. lf no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.1O Citv's Riqht to Emoloy Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assions.
successors and assigns of the parties.
This Agreement shall be binding on the
3.7.12 Assionment orTransfer. Consultant shall not assign, sublet, ortransferthis Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required Uy tnis Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction: References: Caotions. Since the Parties ortheir agents have participated fully 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 noi work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as othenruise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as othenrvise spe-cified 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.
3.7.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, BB&K (2021)
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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or othenryise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 lnvaliditv: Severabilitv. lf any portion of this Agreement is declared invalid, illegal, or othenruise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in fullforce and effect.
3.7.18 Prohibited lnterests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic lnterest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authoritv to Enter Aqreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
ISIGNATURES ON NEXT PAGEI
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SHAFTER AND
PLACEWORKS, INC.
lN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF SHAFTER PLACEWORKS, INC.
Approved By:
[f Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIREDI
GabrielA. Gonzalez
City Manager
Approved as ""t-9 to Form: By: dJe
Vice President, F
Printed Na Kara L. Kosel
Best Best & Krieger LLP
City Attorney
Attested By:
By
City Clerk
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Its: Secretary
Printed Keith McCann
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EXHIBIT ''A"
SCOPE OF SERVICES
Scope of Services on the following page
Exhibit'A'-1 PROFESSIONAL SERVICES AGREEMENT
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Project Understanding and Approach
Shafter's commitment to land use planning, strategic visioning, and fiscal and operational management have helped foster a city with a desirable quality of life, excellent parks and recreation, and a vibrant and growing economy, all of which continue to attract investment in housing and new residents. As the City commences with a comprehensive update to its General Plan and related development regulations, it is starting from a position of strength. ln addition to planning for opportunities, the update effort must consider potential challenges. For example, as housing has expanded from northwest Bakersfield, areas planned for residential growth in southeast Shafter continue to build-out. With a large expanse of farmland between Gossa mer G rove and the historic core of Shafter, however, there is the cha llenge of Shafter growing into two different cities. While there will likely be a land use planning component to this, there are economic development considerations. Residents in southeast Shafter are closer to shopping, dining, and entertainment at Northwest Promenade and nearly as close to downtown Bakersfield as they are to downtown Shafter. As southeast Shater continues to grow and develop, the city will need to capitalize on commercial opportunities in order to limit the leakage of retail spending to Bakersfield. Equally as important will be the need to foster and maintain a sense of community among the neighborhoods and subareas of Shafter in order to maintain community support for strategic and fiscally prudent city management.
The General Plan Update (GPU) provides the opportunity to focus on the City's top-line budget strategy. ln business terms, a top-line strategy is a business'plan to grow and expand its market share and increase revenues. This is exactly what a general plan is for a municipality. As the center of population in California, Shafter is realizing its potential to serve as logistics hub and is benefitting from the jobs, economic activity, and net revenue generation that industrial development can provide. And with the City's foresight in annexation, Shafter has the uncommon potential to accommodate continued industrial development without affecting nearby sensitive receptors. The planning process provides the opportunity to consider the long-term development potentialindustrial, commercial, and residential-and to not only plan for a fiscal balance among land uses but also to avoid land use incompatibilities.
The historic core of Shafter is traditiona I American town development-a railway with a main street commercial area perpendicular to the railroad tracks and industrial uses spread along the opposite side of the railroad tracks. The GPU will allow for a grand revisioning of downtown Shafter. This includes integrating land use and development on both sides of the railroad tracks with a reconsideration of historic downtown industrial sites. However, it also includes new visioning (and policies and implementation measures) for what the downtown commercial core should be-how itcan bestservethe needs of residents living in proximityto downtown and how itcan bestattract residents from throughout the city, serving as the central place for Shafter and strengthening the sense of community.
The GPU also is the time to re-evaluate the long-term implications of growth and development, consider trade-offs, and establish the community's vision for the future Shafter. This may include many quality-of-life factors, such as parks and recreation, the adequacy of local health care, and accessibility to education and job training. But it also includes analyzing the potential for water supply to support additional residents as well as the costs and funding for infrastructure needed to supportthe city's long-term buildout. To tie allof this together, the GPU process willconsiderthe Proposal: City of Shafter General PIan Update and EIR December 4,2023 | Page2
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fiscal implications of the future Land Use Plan and the City's capacity to pay for desired levels of service for public facilities and public services.
Additionally, while the current General Plan provides a framework for Shafter to grow into a fiscally sound city and a desirable place to live and to operate a business, there have been numerous changes to state planning laws and numerous changes in the practice of long-range planning. These include community environmental health and justice (including City work through 2O2I), air quality, active transportation, hazard planning, and climate resilience and adaptation. Moreover, the practice of long-range planning has evolved to incorporate extensive public engagement, empowering residents to meaningfully influence land use and development policies, regulations, and implementation programs. All of these factors must be considered to produce a GpU that serves as an effective tool for decision making.
Finally, technology has changed dramatically since the city adopted its current General plan. Webbased maps and tools for public engagement have greatly improved the two-way flow of information during the planning process. With this update, the City has an opportunity to transform its General Plan into an accessible and dynamic tool, not only for land use and development but for ongoing municipal management. And with programmatic environmental clearance provided by an ElR, the City will facilitate streamlined planning and approvals for all development that is consistent with the long-term vision and the guiding principles, goals, and policies contained in the updated General Plan.
Staff Added to our Team
PlaceWorks is happy to announce that Malia Durand (Project Manager for the 6th Cycle Housing Element while previously at lnfrastructure Engineers) is now employed by placeWorks and has been selected to be the Project Manager for the CEeA effort.
Task Structure
As illustrated in the Project Schedule, the Scope of Work consists of a set of sequential tasks that reflect the chronological order of activities and deliverables to prepare the GpU (Tasks 1to 7), and a set of ongoing tasks that are conducted at multiple points or throughout the duratlon of the GpU (Tasks 8 to 10).
TASK 1. PROJECT KICK OFF
Task 1.1 Kick-Off Meeting
The kick-off meeting is critical in shaping a successful GPU. City staff and consultant team members must collaborate effectively if the work plan is to be completed with the desired quality and within the expected time frame and budget. The kick-off meeting allows the project team to:
. lntroduce key participants
o Refine the work program, scope of work, and schedule (confirm desired timelines for milestone delivera bles)
o ldentifY the roles of anticipated stakeholders such as outside agencies, organizations, property owners, and individuals
o ldentify available resources and any current or related projects that must be considered r Refine communication protocols for the project
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. Address ongoing implementing projects or programs that could potentially affect the project o Discuss public participation protocol
The kick-off meeting could also include representatives from other City departments, such as public Works, Economic Development, Engineering, the GIS office, and the City Manager's Office, among others.
Deliverable(s):
> Draft and final agenda
Task 1.2 Public Participation Protocols
Through previous work on Environmental Health and Justice and with the Housing Element in the state's hands for review, the City has already elevated the public's awareness of planning issues and obtained input on key issues related to housing. PlaceWorks will coordinate with placeWorks' new staff member, Malia Durand, and the City to build on what was successful and improve approaches and materials as desired.
While our proposal recommends an array of tools and activities, this task provides the time for PlaceWorks and the City to refine our preliminary outreach strategy and establish more detailed guidance for public relations and community engagement activities lnformed by discussion during the Kick-off Meeting. PlaceWorks will prepare a Public Participation Protocol that documents:
r Objectives for public involvement
o Review of guiding principles for the outreach process r Program activity descriptions (purpose, schedule, approach, logistics, and responsibilities) o Confirmation of potential community partners, stakeholder groups, and agency outreach o GPAC purpose, membership, meeting topics and dates, participation considerations, and rules and procedures
o Communication techniques, consistent with established City protocols for website postings, email blasts, tweets, etc. (including City's preferences for website hosting, and identification of long-lead time items to inform the project schedule)
o Level of bilingual translation and interpretation (this scope and budget assumes that outreach materials for the GPU will be available in English and Spanish and live interpretation for Spanish speakers will be available at live events)
Deliverable(s):
> Public Participation Protocols
Task 1.3 Stakeholder Outreach
Stakeholder interviews and focus groups help to pinpoint issues, opportunities, and constraints as a means to inform the GPU. The primary purpose is to capitalize on participants'wealth of information, history, institutional knowledge, and understanding of issues. lnterviews with outside agencies are also useful for discussing the GPU, future projects, activities for greater coordination and understanding, and how each will shape or influence the update effort. Stakeholder interviews, especially when conducted soon after project kick-ofl can also be a valuable way to quickly identify opportunities to reach out and involve other members of the community.
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PlaceWorks will coordinate with City staff to develop a list of potential stakeholder representatives and groups for interviews, coordinate scheduling, facilitate the interviews, and create an input summary identifying major themes. lnterviews and focus groups will be conducted by PlaceWorks' Principal-in-Charge and Project Manager or Assistant Project Manager (or senior level topical experts) via phone, Teams, or Zoom.
Deliverable(s):
> Draft and final list of potentialcommunity partners and stakeholders ) Up to 4 hours of email coordination, up to 8 hours by two staff members for virtual meetings and phone calls
> Summary of interviews (major themes)
Task 1.4 Project Branding
To create Citywide project recognition that willelevate awareness of the General Plan effort and associated project-related technical studies, PlaceWorks will develop a project logo, tagline, and color palette (style guide) to theme the project. This will create a recognizable identity that takes design cues from the unique characteristics of Shafter and builds on key themes the City wants to promote. The project logo and brand package may include a combination of symbols, text, colors, or graphics to create a recognizable brand for the General Plan.
Deliverable(s):
> Draft Project logo/branding (3 maximum digital files) > Final logo artwork: Digitalfile
> Draft and finaltemplates for PowerPoint presentations and Social Media posts (digitalfiles of each)
> Style guide (final logo, fonts, color palette, templates for PowerPoint and Social Media) TASK 2. COMMUNITY IAUNCH
Expanding our reach beyond key stakeholders, the following tasks focus on creating content and communications to expand the public's awareness of the GPU, highlighting essential information on the GPU's purpose, importance forthe community, key milestones, and outreach opportunities.
Task 2.1 Project Website
PlaceWorks will either host an independent project website or work with City staff to create a project page within the City's existing website. PlaceWorks will provide content for website updates throughout the process.
Deliverable(s):
> Project webpage and website content (hosted by PlaceWorks or City) T ask 2.2 Project Overview Collatera I
PlaceWorks will prepare narrative and graphic content consistent with the style guide and suitable for distribution through social media platforms, news/media outlets, email distribution, temporary signage at key locations throughout the city, and pop-up events, including:
o Press release with information about the GPU
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o A narrative overview of the project with maps and text suitable for the website, including a highlevel schedule and description of community engagement opportunities o Bilingualvideo for use on the projectwebsite and first public open house o General Plan 101 materials to educate and inform the public, such as FAQs and Whot is o General Plon?
Deliveroble(s):
> Draft and final press release
> Draft and final narrative for project website
> Draft and final presentation and script for project overview video > One final video in English and Spanish
) Up to two handouts with General Plan 101 materials in PDF formats Task 2.3 Project Marketing for Community Launch
To raise awareness of the GPU across all cross-sections of Shafter residents, PlaceWorks proposes a two-pronged approach to reach people where they are most comfortable.
The first avenue of engagement would promote the GPU through the City's existing digital channels, including posts on social media accounts and eblasts to identified stakeholder organizations and interested parties. PlaceWorks will provide narrative and graphic content for the City to post on social media channels.
The second avenue of engagement would complement the project's digital presence with an analogue effort, including utility bill inserts, announcements and bulletin inserts with local churches, schools, and other community groups, fliers posted in store windows (e.g., Apple Market) as well as temporary signage placed in parks, museums, and along CentralAvenue announcing the GPU and providing links and a QR code to access the project website (Announcements or similar page with a current call to action, such as a survey).
Deliverable(s):
> Draft and final Facebook and lnstagram Posts in English and Spanish > Draft and final eblast for identified stakeholders (1 eblast announcing the project and community survey, up to 2 reminder eblasts)
> Draft and final utility bill insert (digital files)
> Draft and final advertisement for local bulletins (up to 2 design configurations, digital files) > Draft and final GPU flyer (digital files)
> Draft and final map of temporary signage locations (digitalfile) > Draft and final proofs of temporary signage design (digital files > Printing, production, installation, and removal costs based on available budget) Task 2.4. Community Survey
PlaceWorks recommends conducting a brief survey during the community launch to build awareness of the GPU effort, build understanding about the GPU's role and importance for the community, and obtain community input on high level issues, values, and vision.
Deliverable(s):
> Draft and Final Community Survey in English and Spanish > Summary of results
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Task 2.5. Community Pop-Ups
Pop-ups are a fun, quick, and sometimes spontaneous way to interact with the public in an environment that is comfortable for them. Visiting the community where they live, shop, or recreate can often be more effective compared to requesting the public attend a community meeting. While these events may be relatively spontaneous for participants, they require careful planning by the consultant team in coordination with City staff. We envision our first pop-up event would build awareness, promote the community survey, and gather input from community members about relevant issues, community values, and vision for the future of Shafter. We anticipate the first pop-up will take place shortly after launching our digital presence and concurrentwiththeinstallationofsignagethroughoutthecommunity. lffeasible,itwouldbegreat to conduct one or more pop-up at some of the activities associated with the newly returned Celebration of the Arts: COLOURS in late February 2024.
Deliverable(s):
> Up to three pop-up events
> Summary of results
Task 2.6. PCICC Briefing #1
PlaceWorks recommends conducting briefings with the Planning Commission and City Council early to keep them aware and engaged during the update process. These briefings could be conducted at public meetings or as one-on-one interviews with each member. This first briefing would provide an overview of the Community Launch efforts, including the results of the Community Survey, and highlight the next steps in the cPU process.
Deliverable(s):
) Presentation materials
> Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 3. DISCOVERY
While some of the baseline work has been accomplished by previous efforts, including the draft updates to the Housing and Environmental Health and Justice elements, the PlaceWorks Team will update current information and evaluate new topics. PlaceWorks will lead the effort and be supported by Fehr & Peers and Provost & Pritchard. Some due diligence will be conducted to support land use and transportation planning, such as existing conditions, pending development plans, market and fiscal conditions, and roadway and infrastructure capacities. Other topics and studies are driven by environmental clearance, such as air quality and greenhouse gas emissions, or by new state requirements, such as climate adaptation and resiliency.
Task 3.1 Review of Existing Plans, Studies, and Documentation This task involves collecting comprehensive information about Shafter from existing planning documents and technical studies related to land use and policy. The intent is to augment our teams' current understanding of Shafter and its planning context, to identify where previous information and mapping can be used and where new analysis and data is needed, and to ensure that the GpU is consistent with other planning and regulatory documents (also identifying areas where updates Proposal: Clty of Shafter General Plan Update and EIR December4, 2023 | PageT
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will be necessary). Some examples are listed below (all City or joint documents unless otherwise stated ).
. Strategic Plan and City Council Goals
o Currently adopted General Plan
o Draft Housing Element (2023)
o Draft Environmental Health and Justice Element (202I) and associated outreach . Any other GP amendments (adopted or pending)
o Broadband Master Plan efforts, including applications for funding o Recent environmental documentation for projects
o Specific Plans and environmental documentation (including recently adopted and amended plans: Gossamer Grove (2023), Marcona Preserve (2022), Orchard park (2023)) o Emergency Operations Plan and associated annexes (2022) r Local Road Safety Plan (2022)
. Recent safety, hazard, and biological surveys
r Capital improvement plans, infrastructure master plans, and municipal service reviews o AB 6\7 implementation efforts
o Kern County and Bakersfield General Plans (currently adopted and updates in process) o Regional planning efforts (such as 2022 KernCOG RTP/SCS, Kern Region Active Transportation Plan (2018), Kern County Bicycle Master Plan (2012), MJHMP (2020)) As relevant documents are identified, retrieved, and reviewed, references may emerge to other documents (local and regional) with additional information relevant to the project. Focused telephone calls and follow-up with City staff may be necessary to obtain relevant information.
Deliverable(s):
> Data collection, with appropriate information documented forfuture use in the Existing Conditions Story Map and other tasks
Task 3.2 Review of Existing Goals, Objectives, and policies PlaceWorks willcoordinate with City staff to evaluate the current General Plan as wellas the draft Environmental Health and Justice document, identifying content that 1) is still appropriate, 2) is completed, 3) should be moved to other plans or ordinances, or 4) should be modified or deleted to ensure compliance with state law or in consideration of best practices. This technical review will be further refined after the visioning work is completed to ensure alignment with the City's updated vision statement and community values.
Deliverable(s):
> Policy review matrix with recommendations and explanations for proposed changes Task 3.3 Existing Land Use Assessment
An accurate existing land use map is important to identify opportunity areas for future land use changes, accurately estimate buildout, and conduct environmental analyses. lt also engenders greater trust with the City's GPAC members, residents, and businesses by communicating our knowledge of the localarea. PlaceWorks will prepare an inventory of existing land uses on a parcel basis, informed by a review of internal records and aerial research. We will include the Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 8
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identification of conformance for all land uses on a parcel. An updated existing land use inventory can also be provided to regional entities at project completion so it can accurately inform regional planning efforts.
Deliverable(s):
> G|S-based existing land use map
) Statisticalsummaryof existing land uses, calculated atthe parcelleveland calibrated against published resources such as the California Department of Finance and the U.S. Census Task 3.4 Mobility Assessment
Fehr & Peers will prepare a background report summarizing existing mobility conditions, including an inventory of transportation facilities (roadway, public parking, transit, pedestrian, bicycle) and a sum ma ry of their current operations. We will utilize a layered network strategy to showcase every aspect of transportation infrastructure and services comprehensively. The background report will also include existing functional classification of city streets, collision statistics within Shafter over the past five years, and pertinent traffic and travel information available from the City, Kern COG, US Census, and other sources. Additional data may include existing transit services and facilities, existing bicycle facilities, and existing pedestrian facilities.
Although state law has moved away from level-of-service (LOS) as a threshold in environmental clearance, the performance of the City's overall roadway network remains of paramount importance. Fehr & Peers will record roadway segment and intersection traffic counts to inform policy evaluation, land use planning considerations, and the desired LOS metrics for operational analysis. Fehr & Peers will investigate how the KernCOG Traffic Count Database System, which provides comprehensive average daily traffic (ADT) counts, can be utilized to reduce the cost of collecting and processing new counts. This scope includes analysis of up to 1-5 street segments using recent published data (from the KernCOG database or another source). Published data will be augmented by collecting new turning movement counts by mode (autos, trucks, bicycles, and pedestrians) at up to 10 study intersections during typicalweekday AM and PM peak periods (4- hour counts). Specific analysis locations will be defined in consultation with City Staff.
Finally, the goods movement network is of particular importance to the Shafter GPU effort. Fehr & Peers recently completed the Kern Area Regional Goods Movement Operations (KARGO) Sustainability Study Phases I & ll. Phase I of the study was focused on developing infrastructure project concepts that facilitate logistics operations while mitigating adverse impacts on disadvantaged communities such as the City of Shafter. The BNSF Rail Terminal and the Wonderful lndustrial Park are crucial to Shafter's economy, and both have planned developments to accommodate future growth. PlaceWorks and Fehr & Peers will document these plans and work with City staff to identify additional plans and priorities for goods movement throughout the planning area.
Deliverable(s):
> Analysis of up to L5 roadway segments using available published data > Turning movement counts by mode at up to 10 study intersections > Draft and Final Mobility Assessment
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Task 3.5 lnfrastructure Assessment
Provost & Pritchard will document the capacity and condition of the local water supply and distribution system, wastewater conveyance and treatment system, and storm drainage capture and conveyance system based on the latest available master plan and related documents prepared for the City and service providers within the planning area boundary. lnput and guidance will be sought from City public works, engineering representatives, and applicable service providers.
Additional information will include legislative and regulatory frameworks and a high level assessment of dry utilities, including telecommunications, electrical, and gas, based on available information in consultation with the City and service providers.
Deliverable(s):
> Draft and Final lnfrastructure Assessment
Task 3.6 Climate Change Vulnerability Assessment
State law requires local governments to prepare a climate change vulnerability assessment (vulnerability assessment) as part of general plan updates to identify local vulnerabilities to climate change and to inform the preparation of climate adaptation and resiliency goals, policies, and actions. PlaceWorks will prepare the vulnerability assessment for Shafter to be consistent with guidance state and regional resources, including the California Adaptation Planning Guide. We will rely on the most accurate and up-to-date science on the effects of climate change, using the best available and approved State resources, including Cal-Adapt and the California Fourth Climate Assessment, local studies and reports, and all other relevant sources, such as the Caltrans District 6 Climate Change Vulnerability Assessment.
The vulnerability assessment will include three primary steps: 1) identification of climate hazards, populations, and assets;2)vulnerability scoring of each applicable climate hazard and asset; and 3) a summary of the results. PlaceWorks will prepare a list of all hazards, populations, and assets to be assessed based on our understanding of the conditions in Shafter, state and regional guidance, and best practices. PlaceWorks will use the hazards, populations, and community assets to evaluate how vulnerable the community is to climate change hazards. These results will be translated into a vulnerability score, ranging from low (minimum vulnerability) to very high (severe vulnerability). We will work closely with City staff to ground truth the results of the climate vulnerability assessment to ensure that the assessment accurately reflects the community. The results of the scoringwill be integrated into the Safety Element Background Report.
Deliverable(s):
> Administrative Draft and Final memo identifying climate hazards, populations, assets (electronic copies, Word and PDF)
> Administrative Draft and Final Vulnerability Assessment Scoring Workbook (electronic copies, Excel)
> Vulnerability Assessment Summary for inclusion in Administrative Draft and Final Background Report (electronic copies, Word and PDF)
Task 3.7 Safety Element Background Report and Mapping
PlaceWorks will prepare a comprehensive Safety Element Background Report concurrently with the Vulnerability Assessment that will provide hazard-specific information and details to meet Government Code requirements while allowing the hard copy and web-based formats of the updated General Plan to remain more streamlined. The Background Report content will provide Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 10
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details on all hazards affecting the city, including geologic and seismic hazards, flooding (including dam and levee failure), urban fire hazards (wildfire as it relates to indirect smoke), drought, severe weather (including extreme heat, winds, and severe weather), dust storms, hazardous materials, and additional climate change hazards covered in the Vulnerability Assessment. Each hazard section will define the hazard and extent of the hazard, include applicable mapping of the hazard, provide an overview of historic occurrences, explain the likelihood of future occurrence, describe how climate change will affect the likelihood and severity of future occurrences. We will also include a section on disaster preparedness, response, and recovery. Forthis Report, we anticipate referencing relevant information in the 2020 Kern County Multijurisdictional Hazard Mitigation Plan (MJHMP)and pulling in the resultsfrom the VulnerabilityAssessmentwhere applicable. The Report will also provide implications for the Safety Element update.
The California Government Code requires that the Safety Element includes up-to-date maps on flood hazards, wildfire hazards, and climate-related hazards. The PlaceWorks Geographic lnformation System (GlS) team will prepare a comprehensive set of maps for the Safety Element that will include data from the California Department of Forestry and Fire Protection (CAL FIRE), Federal Emergency Management Agency (FEMA), California Geological Survey (CGS), California Department of Water Resources (DWR), California Public Utilities Commission (CPUC), and other state or regional agencies. PlaceWorks will prepare a base map that identifies criticalfacilities and infrastructure essential for daily operations and emergency events, drawing from the MJHMP and existing Safety Element where possible. Once reviewed and approved by City staff, PlaceWorks will use the base map to create the hazard maps for the Background Report. After City staff review and provide a consolidated set of comments, PlaceWorks will add the maps into the Final Background Report and will integrate them into the updated Safety Element. As part of preparation of maps for the Safety Element, PlaceWorks will identify and map evacuation routes and evacuation constrained residential maps as directed by SB 99.
Deliverable(s):
> Existing Plan Review Crosswalk (electronic copy, Excel) > Policy Review Matrix (electronic copy, Word)
) Administrative Draft and Final Background Report (electronic copies, Word and PDF) ) A set of draft PDF maps (electronic copy)
Task 3.8 Environmental Health and Justice Assessment
While the City conducted a substantial amount of outreach and analysis through its efforts to prepare a draft Environmental Health and iustice document (2021,), PlaceWorks will review the draft effort for consistency with the latest analysis and direction from the Office of the Attorney General, data from CalEnviroScreen 4.0, and the status of AB 617 and associated Community Emissions Reduction Plan efforts. As there is a substantial degree of overlap between the topics of health, environmentaljustice, and air quality, this task will provide critical direction to complete the previous efforts in a manner that addresses state law and appropriately addresses the desires expressed bythe community, both in the pastand as received duringoutreach efforts in2024.
Deliveroble(s):
> Draft and Final Environmental Health and Justice Assessment Proposal: City of Shafter General Plan Update and EIR December 4,2023 | Page L1
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Task 3.9 Existing Conditions Story Map
Establishing a clear and informed baseline for planning and environmental analysis is critical to a successful and defensible plan and ElR. Except as required to support the ElR, PlaceWorks will emphasize succinct analysis and formatting for existing conditions documentation. The intent is to communicate the essential information that should influence options and decisions, presented in a manner that engages the public, key stakeholders, and City leaders. Given the prevalence of Spanish-speaking households, PlaceWorks envisions drawing upon its experience preparing multilingual technical materials to ensure all information is distributed in a manner accessible to all residents.
We have experienced great success reaching a broader audience by leveraging our GIS and website development skills to create bilingual web-based story maps that can be viewed on a phone, tablet, or computer to relay technical information-allowing for the placement of photographs and interactive maps alongside brief narratives. To succinctly and meaningfully convey the findings from this task and related technical study information to the public, PlaceWorks will develop a story map to communicate the essential information that should influence options and decisions.
Deliverable(s):
> Draft and Finalstory map in English, and finalstory map in Spanish TASK 4. VtStON, VALUES, AND TSSUES
This task will ensure a solid understanding of the conditions, trends, issues, and potentials to be addressed in the GPU. lt will also continue the exploration of policy options City leaders should consider.
Task 4.1 GPAC Formation and Orientation
Over the last 40 years, we have successfully worked with and without advisory committees as a part of general plan updates. If the meetings and membership are structured well and operated with a clear set of expectations and direction, GPACs can be an incredible asset. GPACs can serve as an efficient method of ensuring a broad range of community voices are heard throughout the GPU process, establish a public forum (outside Council Chambers)for constructive dialogue, and create a set of GPU ambassadors that help educate, inform, and encourage participation from others in the community. Conversely, if structured poorly with vague direction and superficial responsibility, GPACs can become an obstacle to progress and consensus, consume a considerable amount of budget, and extend project schedules.
Examples of GPAC membership include individuals from the City Council, Planning Commission, Richland School District, Chamber of Commerce, other service providers, and up to six active and appropriate stakeholders or residents. lncluding one ortwo representativesfrom the City Council and Planning Commission keeps these decision-making bodies informed throughout the update process and can increase the viability of the GPAC's discussions and recommendations.
PlaceWorks recommends that the charge of the GPAC be to review and provide recommendations to City staff, the consultant team, and ultimately the City Council on key components, such as the vision, guiding principles and overarching goals, land use alternatives plans, and the draft General Plan. This scope includes five GPAC meetings based on our understanding of the City, the issues and opportunities it is considering, and the desire to complete the GPU by.lanuary 2026.
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This task also includes the time to conduct the GPAC orientation immediately before the first community open house, where PlaceWorks will coordinate with City staff to initiate the GPAC, including introductions and an overview of the GPAC roles and responsibilities. GPAC members will then be asked to attend the first Community Open House to learn about the project and the results of the existing conditions report.
Deliverable(s):
> Form GPAC, including email communication to members
> Create GPAC welcome packet for distribution at orientation Task 4.2 Community Open House #1
lf designed properly, large in-person public meetings can gather input and generate buy-in from a broad range of community members while enabling city and consultant staff to connect with and engage many individual residents and stakeholders more efficiently and personally. Four key aspects are: identifying the right time in the project to conduct such meetings, building awareness and excitement with key stakeholders, providing real substance to which the community can respond, and engaging participants one-on-one and through interactive tools.
The first community open house is intended to continue and expand awareness, educate the community on the City's current context and conditions (based on the findings of the discovery phase and community survey), facilitate community input on areas of potential change, key issues, and the big ideas outlined in the current General Plan, and share their vision and values for the future of Shafter.
Deliverable(s):
> Plan and conduct in-person open house
> Event summary
Task 4.3 GPAC Meeting #1
At the first GPAC meeting, PlaceWorks will coordinate with City staff to build upon the GPAC orientation, including the nomination of a chair and vice chair, an overview of the scope and schedule for the GPU, a brief recap of the community open house and results of public input so far.
Finally, it will end with an exercise to review and update the 2011 vision for the City.
Deliverable(s):
> Plan and conduct in-person GPAC meeting
) Meeting summary
Task 4.4 Draft Vision, Guiding Principles, and Overarching Goals PlaceWorks will consider community input through the survey, open house, and GPAC meeting to prepare a draft Vision Statement, as well as a set of guiding principles and overarching goals that reflect the Community's values to be discussed in the second GPAC meeting.
Deliverable(s):
> Admin and Draft Vision Statement, guiding principles, and overarching goals Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 13
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Task 4.5 GPAC Meeting #2
At the second GPAC meeting, PlaceWorks will coordinate with City staff to review an updated Vision Statement and a set of guiding principles and overarching goals for each element.
Deliverable(s):
> Plan and conduct in-person GPAC meeting
> Meeting summary
Task 4.6 Revised Draft Vision, Guiding Principles, and Overarching Goals PlaceWorks willfinalize the Vision Statement, guiding principles, and overarching goals based on the second GPAC meeting to be presented to the Planning Commission and/or City Council.
Deliverable(s):
> Revised Vision Statement, guiding principles, and overarching goals Task 4.7 PCICC Briefing #2
This second briefing wogld provide an overview of the Discovery tasks, including a summary of existing conditions, issues, and opportunities based on the community outreach and GPAC activities, as well as a presentation of the Revised Vision Statement, guiding principles, and overarching goals, followed by a highlight of the next steps in the GPU process.
Deliverable(s):
> Presentation materials
> Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 5. ITLUSTRATING THE VISION
This task focuses on turning the long-term Vision Statement, guiding principles, and overarching goals into a series of land use and mobility alternatives that will help the City understand the amount, type location, and phasing of improvements for existing areas and growth into new a reas.
5.l Charrette
PlaceWorks anticipates bringing in our design experts who have intimate familiarity working both in the Kern County region and in the field of master planning. Randy Jackson (President and Principal) and Scott Ashlock (Associate Principal and Design Practice Area Leader) can quickly identify a variety of land use alternatives for growing over time based on current market demands, likely forecasts, proximity to Bakersfield and the City's central core, current and future plans for industrial development, and strategies associated with transitioning and marketing agricultural lands. PlaceWorks would conduct this charrette in here parts over the course of three days.
5.1.1GPAC Meeting #3
First, PlaceWorks will coordinate with City staff to conduct a 3- to 4-hour GPAC meeting during which our designers, economist, and mobility and infrastructure team members will guide GPAC members through a series of land use and mobility design exercises to illustrate various land use scenarios (bubble diagrams/urban form level of detail). We will emphasize a discussion of alignment to the Vision Statement and potential implications (e.g., fiscal, phasing, equity, etc.). The intent is to educate and learn from GPAC members on what futures are possible, what futures Proposal: City of Shafter General Plan Update and EIR December 4,2023 | Page L4
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would require more change than is likely, and what variables need to be kept in mind when opportunities or conditions change.
5.1.2 Stakeholder interviews
lnformed by the GPAC meeting, PlaceWorks will reconnect with stakeholders from task 1.3 to review preliminary conceptual land use scenarios and obtain feedback from key members of the Shafter community.
5.1.3 Public Office Hours
Finally, PlaceWorks will coordinate with City staffto host virtual office hours with the public, during which PlaceWorks and City staff will be available at specific time slots to review the land use scenarios: how they were prepared, potential issues and implications, and feedback. These office hours could also be held in person duringthe second and/or third day.
Deliverable(s):
> Plan and conduct Charrette overtwo days, including meetings with GPAC, stakeholders, and office hours
> Preliminary land use scenarios (bubble level/urban form level of detail) > Summary of meetings
Task 5.2 Conceptual Land Use Alternatives
The PlaceWorks Team will use the input collected during the Charrette to work with City staff to create up to two citywide land use alternatives to the current Land Use Plan and will analyze and present our evaluation of development potential, visual impacts, transportation demands, infrastructure and service demands, phasing, financialfeasibility, fiscal impact, public improvement costs, and potential EIR implications, along with how each alternative meets the City's revised Vision Statement, overarching goals, and guiding principles. PlaceWorks will compile this information on a citywide and growth area basis and compare existing conditions, the current land use plan and proposed land use alternatives using Esri-based modeling tools. This information will be presented to City stafffor direction on the preferred land use plan.
To enable City staff, decision-makers, property owners, and the public to understand the development options better, PlaceWorks will also generate visual illustrations, photo simulations, or digital renderings of the development options for the areas of potential change that merit special focus or maybe more contentious in the public discussion.
Because there is so much potential for growth in Shafter, the full buildout of the land use plan may 80 manyyears beyond a typical planning horizon. Our typical approach in cities with large growth potentialisto estimatefullbuildoutto develop an accurate depiction of the ultimategrowth sothe City can appropriately plan, design, and fund its roadways, infrastructure, and public services and continue to progress toward its vision statement.
Deliverahle(s):
> Draft and Final Land Use Alternatives (up to two)
> Statistical summaries of alternatives, existing conditions, and current land use plan > lllustratives of development options (up to five areas) Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 15
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Task 5.3 Community Open House #2
PlaceWorks will coordinate with City staff to conduct a virtual open house that allows the community to review and provide input on the land use alternatives, ensuring that those who could not attend the GPAC meeting or office hours can still participate. This virtual open house will be recorded and can be distributed through the City's website and various media platforms.
Deliverable(s):
> Plan and conduct virtual open house
> Event summary
Task 5.4 GPAC Meeting #4
At the fourth GPAC meeting, PlaceWorks will coordinate with City staff to review and discuss the two land use alternatives along with community input received during the open house. The intent is to either select one of the alternatives or create a third alternative to form the preferred land use alternative for consideration by the Planning Commission and City Council.
Deliverable(s):
> Plan and conduct in-person GPAC meeting
> Meeting summary
Task 5.5 Preferred Land Use Plan
Once a preferred land use alternative is selected, PlaceWorks will prepare preferred land use plan and summary report, which will include final buildout statistics, diagram(s), and refined illustratives suitable for publication on the City's website and presentation to the Planning Commission and City Council.
Deliverable(s):
> Preferred land use plan and summary report
> Refined illustratives (up to three)
Task 5.6 Planning Commission and City Council Briefing #3 PlaceWorks will coordinate with City staff and the consultant team to conduct a second round of briefings with the Planning Commission and City Council to review the land use alternatives, community feedback, and recommended preferred land use plan. Based on the direction provided by the City Council at the study session, we will prepare a final preferred Land Use Plan for incorporation into the Policy Plan and ElR.
Deliverable(s):
) Presentation materials
> Attendance at PC and CC meeting or virtual interviews with PC and CC members TASK 5. GENERAL PIAN AND DEVELOPMENT REGUTATIONS
This task addresses the production of the GPU itsell including an update and modernization of existing elements and the addition of topics and/or elements. Though every general plan must address a similar set of topics, and many are presented in a common structure, we tailor our approach to match our client's needs, objectives, and budget. Below we refer to each section of the GPU as an "element" instead of the current GP's use of the word "program," although either term can be used during the planning process and in the final document.
Proposal: City of Shafter General Plan Update and EIR December4, 2023 | PageLG
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Task 5.1. General Plan Elements
Task 5.1.1 Land Use
Many of the underlying growth assumptions that drove the current Land Use Plan have changed dramatically. State mandates, climate change, and changing demographics, behaviors and spending patterns necessitate a new look at land use planning and growth in general in Shafter.
Based on the existing conditions, technical studies and community engagement, PlaceWorks will prepare land use plans, urban design concepts, zoning recommendations, and updates to land use policies.
The central focus of the Land Use Element is the preferred land use, finalized in Task 5. The element will include goals and policies focused on the character, scale, and density or intensity of each land use designation. The land use diagram will identify areas expected to be preserved, areas envisioned to be redeveloped or intensified, areas for new development, and areas to be conserved. The Element will also include a growth strategy to guide the long-term growth and development of Shafter in a way that protects and enhances the community's quality of life and that supports the City's continued fiscal resiliency.
PlaceWorks proposes to incorporate community deign provision in the Land Use Element. This could include characterization of various of the Shafter by urban form, such as residential neighborhoods, centers and districts for commerce and industry, mixed-use areas, and corridors. lnherent in the identification of these areas by urban form is the inclusion of policies to preserve community character and to ameliorate compatibility issues. These goals and policies will provide support for the inclusion of objective design standards into the development code.
Because a large area of the City is currently in active agricultural production, the Land Use Element will also address agricultural uses, urban-rural interface, and the preservation of prime farm land.
The intent is to provide policies to mitigate, to the degree feasible, the conversion of prime farm la nd.
Task 5.1.2 Transportation and Mobility
New laws, planning guidelines, and trends have emerged that require a fresh perspective for developing the Transportation Element and associated transportation components of the Environmental Hazards Element especially related to wildfire risk and evacuation. The list below includes the most significant of these changes.
Complete Streets. Legislation enacted through Assembly Bill 1358 (passed in 2008) requires planning of complete streets and reliable funding to ensure the transportation network will enable people of all ages and abilities to travel within and through the City of Shafter. This does not mean that every street must accommodate every mode of transportation, but it does mean that we will evaluate the City's existing networks and potential expansions to maximize connectivity for all modes, keeping in mind what is feasible in the short- and long-term. Fehr & Peers will also work closely with City staff and PlaceWorks to identify preferred locations for logistics and other industrial uses, along with land use buffers, truck routes, and access design standards to minimize maintenance costs and impacts on residents and sensitive receptors, such as schools, medical facilities, and parks.
DisruptiveTrends. The COVID-19 pandemic and a variety of other disruptive trends including ridehailing, electric and autonomous vehicles, new travel modes (e-bikes), micro-transit, internet shopping, and demographics are changing the amount and type of travel demand. Given the City's Proposal: City of Shafter General Plan Update and EIR December 4,2023 | Page 17
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proximity to Bakersfield and expanded ability to work remotely, we anticipate a focus on balancing travel demand and transportation network supply while also considering the implications for land use changes and economic development.
CEQA Guidelines. Senate Bill 743 (passed in 201.3), was implemented through the 2018 CEQA Guidelines Update, replacing vehicle level of service (LOS) with vehicle miles of travel (VMT) for purposes of environmental impact analysis under CEQA. Required guidance from OPR establishes aggressive VMT reduction thresholds that need to be integrated with other VMT-related reduction expectations associated with state goals. Addressing VMT impacts at the general plan level can provide the City with substantial flexibility for SB 743 compliance.
Hazard Planning. The state legislature has been actively raising expectations for cities and counties to address risks and impacts of natural hazards in safety-related updates to the generql plan. Just two examples are Senate Bill 99 and Assembly Bill 747, both of which require an analysis of evacuation risks, access, routes, and travel time and performance. Fehr & Peers is helping jurisdictions across California conduct this technical analysis at a variety of scales and budgets to meaningfully inform the City, public, and other agencies about the relationship between hazardous events and where we plan our roadway networks, critical facilities, and neighborhoods.
With this context, the general plan and associated EIR will form the City's responses to changes and new expectations. These responses will directly influence the City's ability to achieve desired transportation outcomes for the future. As such, the technical scope of work for the general plan transportation analysis can be developed by Fehr & Peers to meet new legal and planning requirements while also providing a risk assessment about how changes and new expectations could threaten or disrupt desired outcomes.
Task 6.1.3 Economic Growth
Building beyond its agricultural roots, Shafter is growing, driven in large part by major economic development assets, from fiber optic trunk lines and its own municipalfiber optic network to major railfacilities, freeways, and ready-to-develop industrial properties. The City has done its part, from stepping up to fund economic development after the dissolution of redevelopment agencies to strategic planning going back to 1986 and transforming City properties into economic development opportunity sites.
Clearly non-residential development will be a key component of future growth and development in the city. With in-house economics expertise, PlaceWorks will ensure that economic development considerations are woven throughout the general plan and incorporated into the development code. For example, with the potentialfor rail-using industrial uses, and growing public concern over the environmental effects of the logistics sector, land use compatibilitywill be an important issue.
It's not enough to have economic development element policies supporting industrial development, it is also crucial that economic development goals are reflected in the land use plan and compatibility policies.
PlaceWorks will also collaborate with the City to identify how best to integrate economic development and the General Plan. Most commonly, our clients are already or will be using an economic development strategic plan. ln these cases, we craft the Economic Development Element to provide long-term vision and goals and to provide policy guidance for strategic planning and investments. This is the path we took recently with the Moorpark General Plan, which is now undertaking their first strategic plan, and also with Clovis, which had and continues to have a Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 18
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regular economic development strategic planning program. We also employed this approach with both Corcoran and Avenal, and in both of these communities we also helped them to craft their first economic development action plans.
Task 5.1.4 Environmental Health and Justice
PlaceWorks will build upon the substantial effort conducted to prepare a draft element on this topic, ensuring all documentation is up-to-date, reviewing draft strategies to ensure compliance with state law (and the ability to withstand review by the California Attorney General's office), and identifying implications and priorities for land use, transportation, infrastructure, and other public facility plans and investments. PlaceWorks helped author some of the state's first environmental justice elements and has created environmental justice, health, and air quality elements for communities throughout California. We also authored a toolkit with the California Environmental Justice Alliance for local government agencies, planners, and communities to implement Senate Bill 1000, and have identified key air quality improvement strategies both within the General plan and EIR contexts.
Task 6.1.5 Air Quality
The Air Quality Element will satisfy the requirements of AB 1-70 and provide strong support for the efforts of the San Joaquin Valley Air Pollution Control District to manage and improve air quality in Shafter and throughout the Valley. The work to prepare the element will include and the element will memorialize the required report describing local air quality conditions, including: air quality monitoring data, emissions inventory, significant source categories, attainment status and designations, and state and federal air quality and transportation plans. We will work with staff to explore ways to address local air quality issues while satisfying the regional requirements.
PlaceWorks will take a holistic approach to air quality, weaving air quality considerations throughout other elements in the General Plan, including land use planning, economic development, transportation and mobility, and environmental health and justice and using the Air Quality Element goals and policies to reflect the plan-wide commitment to improving air quality.
Task 6.1.6 Environmental Hazards / Safety
Both the regulatory framework and the realities of public safety have evolved substantially in the past 18 years, including the requirement to update safety elements to address climate adaptation and resiliency. The Safety Element will require a comprehensive update to incorporate the Office of Planning and Research's (OPR's) latest General Plan Guidelines for compliance with California Government Code 65302(g) updates resulting from SB 379 and 1035 regarding climate change adaptation and resilience, in addition to581241., SB 99, and others related to wildfire mapping, hazard mitigation, and evacuation routes.
To develop an updated Element, the PlaceWorks team will follow review of the existing Safety Element outlined in task 3.7 with review other existing plans, such as the 2020 MJHMp and 2022 Emergency Operations Plan and associated annexes. We will review these plans and programs for best practices and for recent content that could be integrated into the updated Safety Element.
PlaceWorks will prepare an existing plan review crosswalk, which will compare the Government Code requirements with the content in the existing Safety Element, along with other hazard and adaptation planning documents, to identify gaps that can be addressed during the update process.
The plan review crosswalk will provide recommendations on how to address regulatory gaps in the existing Safety Element, either through integration of existing technical studies and analyses, policies, or other content, as well as updates of existing information, and preparation of new analyses, maps, or content.
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The PlaceWorks team will prepare an updated Safety Element that complies with all applicable State laws to protect public health, safety, and welfare of the City of Shafter. Our approach to this update is to address key issues related to natural and environmental hazards in Shafter while being responsive to the requirements of the California Government Code and State agencies. We will also preserve existing Safety Element policies as appropriate, revising existing policies where necessary based on the existing element policy review and crosswalk.
California SB 379 requires all general plans to include climate adaptation and resiliency strategies in their safety elements. The Vulnerability Assessment will inform the preparation of climate adaptation and resilience goals, policies, and implementation actions designed to reduce the identified vulnerabilities and increase resilience and preparation for anticipated climate-related hazards. Although many of the climate adaptation and resiliencygoals and policies have an obvious home in the Safety Element, achievement of the goals and implementation of policies requires a cross-sector approach. ln response to the updated requirements for general plans, our approach includes climate adaptation and resiliency as integral components, integrated throughout elements as applicable and nested in the safety element. We emphasizea"na regrets" approach that builds short- and long-term community resiliency and provides co-benefits such as financial savings, a resilient economy, conservation of natural resources, and improvements to public health. We will streamline the element by creating policies that address multiple issues of concern and provide multiple benefits.
Also included in this task, PlaceWorks will coordinate with the California Office of Emergency Services, the Office of Planning and Research's lntegrated Climate Adaptation and Resiliency Program, and the Department of Conservation's California Geological Survey as necessary and appropriate. State agency reviews are anticipated to occur concurrently with the CEQA review through the State Clearinghouse. However, our team will alert Cal OES when we initiate work on the Safety Element.
Task 6.1.7 Environmental Management
Much of the analysis in the environmental health, justice, and hazards elements will overlap into how the City maintains and protects the natural and cultural resources. PlaceWorks will evaluate how the City can ensure consistency with state law in a manner that also adds value to current and future neighborhoods. For example, Senate Bill 1425 (passed in 2022), which requires measures and strategiesto ensure equity, climate resilience, and rewildingas imperativesto protect natural habitat and open space. As discussed in the topic of land use, PlaceWorks brings its expertise in preparing large-scale master plans that work with the natural environment and agricultural context to generate future neighborhoods that are sustainable and highly desirable.
Task 5.1.8 Housing
As the City completes its Housing Element update, PlaceWorks will coordinate with the City to ensure consistency with other elements. Based on the City's August 2023 letter from HCD, some additional work may be necessary on the sites inventory that have implications for the Land Use Plan. Staff from PlaceWorks and Provost & Pritchard that would lead the effort for Shafter have a high level of expertise managing Housing Element updates. Should the need arise, PlaceWorks could, as it has been asked in the past, supplementthe City's current efforts on its Housing Element update to secure certification. At a minimum, we anticipate looking beyond Housing Element's eight-year planning horizon to evaluate and plan for residential demand and patterns over the next 20 years through updates to the Land Use Element and other parts of the General Plan.
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Task 6.1.9 Public Services & Facilities
The backbone public infrastructure and services are a large part of what contributes to Shafter's high quality of life and ability to grow and attract economic development. Provost & Pritchard was added to the team to bring an engineering level of expertise to evaluate better the potential cost and phasing implications of various land use and growth alternatives.
Provost & Pritchard will lead the review of the City's current master plans and other infrastructurerelated planning and capital improvement programs and documents to yield insight for how, where, and when growth could occur throughout the entire Shafter Planning Area. Together, PlaceWorks and Provost & Pritchard can also provide high-level estimates in terms of cost and financing mechanisms suitable for the City and private development community in the central core and master planned growth areas.
lmportantly, the Public Services and Facilities Element will provide goals and policies relevant to the conservation of ground water and the adequacy of both water supply and water infrastructure to support planned growth and development. ln addition, the PlaceWorks team will explore sustainable approaches to stormwater management with City staff and stakeholders to identify suitable policies.
Task 5.1.10 lmplementation Actions
PlaceWorks will prepare implementation actions for that focuses City efforts and resources over the next three to five years regarding new policies, land use changes, and economic development activities identified by the GPU. These sets of actions can either be included in their respective element or aggregated into an lmplementation Plan. Regardless, these actions will provide an institutional framework to annually revisit the GP, gauge its continuing relevance, recommit investments to the City's vision, and assist in future updates to the City's Strategic Plan. We will collaborate internally, with City staff, and with other entities throughout the GPU process to identify ideas for the lmplementation Plan.
Based on our experience creating and implementing GPs and other plans with the public and private sectors, PlaceWorks can recommend implementing actions that are meaningful and effective. The implementation actions will be structured by element and include information to aid staff, decision makers, and other stakeholders in selecting and prioritizing future activity. Examples of information that could be provided for each implementation item include, but are not limited to relevant policies, responsible entity, magnitude of necessary resources, time frame for initiation and completion, and measure of successful completion.
Deliverable(s):
> Admin draft, draft, and final General Plan elements
Task 6.2 GPAC #5
At the fifth GPAC meeting, PlaceWorks will coordinate with City staff to review major policy changes in the draft General Plan and discuss the preliminary results of the environmental and technical studies to prepare them for the release of the Draft ElR.
Deliverable(s):
> Plan and conduct in-person GPAC meeting
> Meeting summary
Proposal: City of Shafter General Plan Update and EIR December 4,2023 | Page 2L
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Task 6.3 Hard Copy and Web-based Formats
User Focused. PlaceWorks will first collaborate with the City to identify the best Gp format, structure, and content for City staff and the community. A diverse set of users is anticipated for the GPU, including City decision makers and staff, other agencies, residents, large- and small-scale property owners, businesses, community stakeholders, and nonprofit organizations. PlaceWorks will conduct a meeting with City staffto discuss a user-focused design approach to define the Gp format as well as content that not only complies with the law but provides content and information that people will use in an interface that facilitates quick and easy access.
Hard Copy Format. A streamlined and simplified hard copy is usefulfor legal flling and for reference by those who still prefer a hard copy to print or read. PlaceWorks will prepare a hard copy format that is functional, streamlined, and easily maintained, while still being graphically dynamic through the inclusion of vibrant photographs, illustrations, graphics, and maps.
Web-Based Format. A web-based format presents opportunities to transition a general plan from a static document to an interactive tool used by a broad range of users. With the content designed for a modern web page, users can view text narratives, graphics, zoomable and interactive maps, and other content, while linking to other internal or external web pages and documents.
Additionally, all of this content, including maps, are designed and scaled to dynamically fit any electronic device - from desktop to tablet to phone. Examples of web-based formats prepared by PlaceWorks are listed below. The list only includes examples that were led by Colin Drukker. > The OntariO Pldn (https://www.ontarioca,eovlontarioplan) Originally developed by PlaceWorks in 2010 as the first web-based general plan in California; PlaceWorks updated the subsequent update in 2022 and assisted the City in migrating the update into the City's existing website to simplify maintenance and implementation. As part of lhe 2022 update, PlaceWorks also introduced web-based maps, while retaining PDF copies as the legal reference documents.
> ClOviS General Pldn (https://citvofclovis.com/plannine-and-development/planning/master,olans/general-plan/) PlaceWorks updated the City's General Plan in 201,4 and helped transition the City from a conventional hard copy format to a streamlined web-based format suitable for the City's existing website. Since adoption, the City has undergone two website template updates, and the General Plan was easily carried through both new templates. > San Bernardino Countywide Plan (https://countywideptan.com/) PlaceWorks updated the County's' General Plan in 2020 with a comprehensive Countywide Plan that included a Policy Plan, Business Plan, and series of CommunityAction Guides. Allof this content was unified into a web-based format that incorporated the first truly searchable comprehensive plan in the nation.
Other examples where PlaceWorks updated a general plan and is preparing a web-based format include: the City of Santa Ana (adopted 2022, to launch later this month, includes a simplified search tool), the City of Fountain Valley (adopted 2023, web-based format to launch in 20241, and the City of Dana Point (update started in 2023, web-based format anticipated in 2025).
PlaceWorks will coordinate with the City to identify the best approach for integrating the General PIan content into a web-based format that can be easily populated into and maintained through City's current website content management system. PlaceWorks has experience working both Proposal: City of Shafter General Plan Update and EIR December 4, 2023 | Page 22