improvement outside the affected project bounclary may be required for orderly developmenl as cletermined by the City Engineer.
12. All improvements shall be complete within one (l) year from the date of filing of the final map for the development, unless a time extension is grantecl by the City Engineer.
13. Type and location of centralized mail delivery units shall be cletermined by the postal seryice. If the postal service requires special easements for the placement of the clelivery units, then said easements shall be shown on the final map.
ENGINEBRING: GRADING & DRAINAGE
14. All grading and clrainage shall conform to a master grading and drainage plan to be performed by the cleveloper's engineer for Tract 6613.
15. Prior to review of any required improvement plans, both a drainage/hyclrology study and a gracling plan shall be submitted to and approvecl by the City Engineer.
16. The clrainage/hydrology study and hydraulic analysis lor the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run-off will not impact sunounding properties.
The study shall focus on the project property and any affectecl adjacent properties.
17. The grading plan for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. All grading shall conform to the California Building Code, latest edition, approved by the City and City adopted standarcls and specifications. Storm drainage protection and disposal of water into and fiom the affected propefty shall be by method approved by the City Engineer.
18. A soils repoÍ, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter lS,latest edition. In addition, all site grading, eafthwork, and building design shall be performed in accordance with the recommendations of the soils report.
19. A grading permit shall be obtained from the City prior to commencement of any grading activity.
20. Prior to issuance of a building permit, the developer shall file a "Rough Grade Certificate" with the City in accordance with the City Engineering & Design Standards. Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certification that the rough graded in substantial conformance with the approved grading plan and Chapter 33 of the Califomia Building Code. Developer to obtain Rough Grade Certificate form from the City.
21. Prior to final approval, acceptance of work, or issuance of certificate of occupancy, the
applicant's engineer shall file a "Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. An as built grading plan shall be submitted showing the as-built condition. Developer to obtain Final Grade Certifìcate form from the City.
22. The location and frequency of soils compaction testing shall be per the City Engineer. Soils compaction testing shall be provided by the developer/owner.
23. Minimum slopes across any flat surface shall be I %. For slopes less that I o/o, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, undergrouncl storm drain, or similar drainage structure.
24. All building pads shall provide a minimum of l% slope away fiom each house to a earth swale, and a minimum of l% fì'om the highest point in the swale to the street. The minimum pacl height shall be twelve (12) inches above the adjacent curb.
25. Street side corner lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal:l verlical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
26. Wood retaining structures shall not be approved. Developer shall use masonry, concrete, or other approved material.
27. Stotm drainage shall be approved by the City Engineer. Street drainage shall be mitigated in a manner approved by the City Engineer.
28. Drainage Basin:
a. Perimeter screening: Basins that are temporary shall be allowed to have chain link fencing with screening upon approval of the city.
b. Access Point: Gate shall be chain link with vinyl privacy slats of a color to be determined by the City Engineer.
c. Easements: Easements for access and/or storm drains shall be provided on the final map or by separate instrument as approved by the City Engineer.
29. The number and location of street based siphons and cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0.6%.
30. Grading onto adjacent property shall not be done without written permission from the adj acent property o\ryner.
31. The OfÏice of the City Engineer shall be notified 24 hours in advance of the placement of any fill material.
32. Fill and/or import material shall be subject to the approval of the soils engineer.
36. JJ.
34. 35.
37. 38.
39. 4t.
42. 43.
Contractor is responsible for the grading of lot pad areas to within 0. I' of the design elevations.
All areas in the site on which structures are to be placed must be compactecl to 90o/o relative density, for a minimum distance of 5'in all clirections from the foundations of the structure.
All fìll material shall be moisture conditioned to at least 2%o above optimurn moisture and compacted to 90%o relative density, as detemined by test methods referenced in Califomia Building Code. appendix Chapter 33, Section 3305, and so certifiecl by tests and repoft fi'om the soils engineer.
The design engineer shall exercise sufficient supervisory control cluring grading operations to insure compliance with the plans, specifìcations, and code within his purview.
The placement of fill shall be in 6" maximum lifls, compacted with heavy compaction equipment approved by the City Engineer, unless specifrcally recommencled otherwise in the preliminary soils report.
Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2'beyond the outside edges of pavements.
All cut and fill slopes shall not be steepel than 2 horizontal to I vertical.
All fìll areas to be cleared of all vegetation and other unsuitable material for a structural fill ancl the areas shall be scarified to a depth of 6", unless specifically noted otherwise in the preliminary soils repoft .
All slopes in excess of three feet shall be prepared and maintained to control against erosion.
Grading work shall be supervisecl as engineered grading in accordance with Chapter 33 of the California Building Code.
During grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If the terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the project boundary.
Dust Control: It shall be the developer's responsibility to prevent a dust nuisance originating fiom the site of work as a result of his operations during the effective period of this contract.
Preventative measures to be taken by the contractor shall include but not be limited to the following:
a. Water shall be applied to all unpaved areas as required to prevent the surfaces from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular trafTic is permitted to travel shall be kept free of dirt.
40. 44.
45. ENGINBERING : WATER/FIRE
Developer shall install a water system for the development together with such equipment, pipeline, and facilities, inclucling indiviclual \ /ater services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. Developer shall submit water improvement plans to the City Engineer for review and approval. Developer shall construct public water systems in accordance with Subdivision Engineering Design Manual for the subject propelty.
Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the applicant fi'om the Kern County Fire Department. Evidence of this ceftificate of approval shall be provided to the City prior to acceptance of the water system by the City.
The City Engineer shall recommend hydrant type and location if required.
Water line size, location, and materials shall be subject to the approval of the City Engineer.
Minimum water line size shall be in accordance with the Subdivision Engineering Design Manual.
Tie-ins to existing water mains shall be constructecl in a manner approvecl by the City Engineer'.
Whenever possible, the water system shall be looped to minimize dead ends. For cul-de-sacs greater than 330 feet in length, the water main shall be looped through the side lotlines, of the lots near the end of the cul-de-sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subclivision Engineering & Design Manual.
Separate water services shall be installed for each residential property.
No permanent structures shall be constructed over proposed or existing utility easements.
Prior to the issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted (UFC 10.502,10.503) ENGINEERING: SEWER
54. Developer shall install a sewel system for the development together with such materials, pipeline, manholes, and individual services for the purposes of the development. Developer shall submit sewer improvement plans to the City Engineer for review and approval.
Developer shall construct public sewer systems in accordance with Subdivision Engineering Design Manual for the subject property.
46. 47.
48. 49.
50. 5t.
52. 53.
55. No properties shall be served by a septic system.
56. Sewer line size, location, slope, ancl materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision Engineering Design Manual.
57. Tie-ins to existing sewer mains, manholes, or other structure shall be constructecl as directed by the City Engineer.
58. Separate sewer services shall be installed for each property. At no time shall sewer be joint trench with water.
59. Sewer lines will not be permitted in easements between the back yards or side yards of single or multi-family lots.
60. No permanent structures shall be constructed over proposed or existing utility easements.
61. Sewer shall be extended to the west and tie into the existing sewer mains in Shaf'ter Avenue in an approved manner. Sewer shall not terminate in Los Angeles Avenue. Any ofßite sewer proposed for this development shall have its route pre-approved by the City prior to plan approval. Easements fìom offsite properly owners shall be granted to the City of Shafter prior to the approval of sewer plans.
ENGINEERING: STREET & TRAFFIC
62. Developer shall construct ancl provide right of way for all streets, curb, gutter, cross gutter', drainage facilities, sidewalks, street lights, clrive approaches, intersections, and other related improvements for the purposes of the development. Developer shall submit street improvement plans prepared by a regislerecl civil engineer to the City Engineer for review and approval and shall inclucle:
^. preliminary soils reporl - including R values taken f'rom proposed road locations and infiltration tests taken fì'om any proposed basin site(s); (l) At least two (2) R-value tests will be taken for Birch Street and two (2) additional tests for local interior streets dedicated for the development. b. preliminary engineer's estimate of construction costs; and c. plan check and inspection fees.
63. The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvement shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision Engineering Design Manual.
64. Street Sections:
a. The minimurn allowable structural section for Los Angeles Avenue shall be 0.25 feet
b.
of Asphalt Concrete (3/4" AR-4000) over 0.50 feet of Class II Aggregate Base over L0 feet native material moistened and compacted to city standards. Traffic Index :
6.0. The minimum allowable structural section for Birch Street shall be 0.25 fèet of Asphalt Concrete (3/4" AR-4000) over 0.50 feet of Class II Aggregate Base over 1.0 feet native material moistened and compactecl to city stanclalcls. Traf'fic Index : 6.0.
The minimum allowable structural section for all local interior streets shall be 0.17 feet of Asphalt concrete (l/2" AR-4000) over 0.33 feet of class II Aggregate Base over 1.0 feet native material moistened and compacted to city stanclarcls. Traffic Index :4.0
Pavement structural section calculations shall be performed to verify the proposed structural sections and shall be submitted to and approved by the City Engineer with street plans. Calculations shall use the results of the R-value tests from the soils repoú.
Minimum cross slope shall be l.5olo constructed. A minimum of 2o/o cross slope shall be designed and shown on plans.
Street Dimensions:
a. Los Angeles Avenue shall be developed as a Major Collector along the entire propefty line of the subject propefty, in accordance with standards ancl specifications of the City as approved by the City Engineer. Developer shall be responsible fbr developing the south half of Los Angeles Avenue as follows: (l) Los Angeles Avenue shall be forty-six (a6) feet half righr of way with thirtyfour (34) feet centerline to flowline. (2) Portions of the existing cold mix/oil sand road shall be demolished and Los Angeles Avenue shall be reconstructecl to its centerline. Demolition and constluction beyond the centerline of Los Angeles may be necessary if existing road profile will not accommodate new construction. b. Birch Street shall be developed as a Major Collector along the entire property line of the subject ptoperty, in accorclance with standards and specifìcations of the City as approved by the City Engineer. Developer shall be responsible f-or cleveloping the east half of Birch Strcet as follows:
( I ) Birch Street shall be forty-six (46) feet half right of way with thirty-four (34) feet centerline to flowline.
c. Elizabeth Street shall be developed as a local street along the entire property line of the subject property, in accordance with standalds and specifìcations of the City as approved by the City Engineer. Developer shall be responsible for cleveloping Elizabeth Street as follows:
(l) Elizabeth Street shall be twenty -six (26) feet half right of way to the north. (2) The Developer shall fumish improvements necessary to provide a minimum of two twelve (12) foot travel lanes, and one ten (10) foot parking lane.
Crown shall be established at the centerline.
(3) A twenty (20) foot easement shall be obtained from the property owner to the south for improvements constructed beyond the tract boundary. d. All local streets shall be developed as full width streets in accordance with standards d.
e.
65.
and specifications of the City as approved by the City Engineer. All local streets shallbe fifty-two (52) feet full right of way with forty (40) feet flowline to flowline.
66. Should a street transition to another street with a ninety (90) degree tuln occur, that transition shall be a street knuckle and shall be shown on the fìnal tract map and in the street improvement plans.
67. Cul-de-sac and street knuckle climensions and radii to conform to the Subdivision Engineering Design Manual and/or the City Engineer. The use of offset cul-de-sacs is approved provided they meet the requirements of the City.
68. Roundabouts shall be designed in accordance with the document entitled "Roundabouts: An Informational Guide", Fecleral Highway Administration Publication No. FHWA-RD-00-067 available online at http://www.tfhrc.sov/safety/00068.htm
69. Minimum cul-de-sac frontages shall be 50 feet.
70. The following streets shall be striped in accordance with the City Engineer and Caltrans Traffic Manual, Iatest eclition. Proposed striping shall be shown on street plans. a. Los Angeles Avenue
b. Birch Street
71. Street signs shall be installed per City standalds as required by the City Engineer.
72. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approvecl by the City Engineer.
73. During construction, the applicant shall maintain the project, including adjacent streets in a dust free condition. This condition applies at all times including weekencls, evenings and night time hours. During construction operations, cleanup of soil fì'om the public roaclways shall be required, if deemed necessary, by the City Engineer.
74. Driveway approaches shall be constructed in a manner consistent with the requirements f'or residential approaches as set forth in the City's Subdivision and Engineering Design Manual.
75. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb on all streets. Transitions at intersections and wheelchair ramps shall be provided and installed per City's Subdivision and Engineering Design Manual.
76. Monument and monument covers shall be set per City Standards.
77. Temporary turnarounds, if required, including right of way, shall be granted, designed, and installed per the Subdivision and Engineering Design Manual.
78. 19.
80. Property line locations shall be marked with a chiselecl line on the top of curb for all property lines. The location of all sewer laterals shall be inclicatecl on the top of curb with a stampecl ,.str,
Street lighting shall be installed in accordance with the City Engineering & Subdivision Design Manual as clirected by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-2 rate schedule.
Secondary access easements shall be provided at the request of the City Engineer or Kern County Fire Department. Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer.
Access roads shall be twelve ( l2) fbet in width and shall consist of three (3) inches of class II aggregate base over six (6) inches of native material compacted to 90o/o relative maximum density.
A waiver of direct access shall be cledicated and shown on the final map along:
a. Along the south right of way line of Los Angeles
b. Along the east right of way line of Birch Street
Blue Botts' clots shall be placed at the center of the street for each fìre hydrant.
ENGINEERING: LANDSCAPING
All landscaping plans inclucling plants, irrigation equipment, points of connection to water lines, electrical services for timers, lighting, etc. shall be approvecl by the City Engineer prior to construction.
A masonry wall, or approved alternative, is to be installed:
a. Along the south right of way line of Los Angeles Street b. Along the east right of way line of Birch Street
Wall plans, materials, dimensions to be approved by City prior to construction.
Landscaping plans including irigation timers, piping, sprinklers, fittings, plants, trees, turf shall be approved by the City.
Landscaping plumbing and electrical shall be designed for all phases of the tract.
Plastic sleeves, minimum four (4) inches diameter schedule 40 pipe, shall be installed under proposed streets where landscaping waterlines or control wires pass under the street.
Developer shall place the entire subdivision within a new Landscape/Lighting Maintenance District, prior to recordation of the final map.
a. The maintenance district shall be set-up to cover the cost of street lighting, drainage basin maintenance, and landscaping maintenance, as well as all administrative costs
81. 82.
83. 84.
85. 86.
87. 88.
89.
b.
associated with the City's management of the clistrict.
The Developer shall be required to cover the cost of street lighting, maintain all landscaping, including the replacement of any trees or shrubs that clo not survive, within public right-of-way and landscape easements for a period of six (6) months after fìnal inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last.
Developer shall be fully responsible for the formation, and formation cost of the Landscape/Lighting Maintenance District, as directed by the City Engineer.
Developer shall be fully responsible for paying the cost of water for all lanclscaping and electricity for the street lights until such time as the maintenance district is formed.
d.
PLANNING
90. The owners(s) or project proponents (hereinafter referred to as "Developer"), at their sole cost and expense, shall defend, indemnify and hold harmless the City of Shafter (hereinafter referrecl to as "City"), its agents, legislative body, officers and employees in any legal or administl'ative action, claim or proceeding concerning approval of Tentative Tract 6613 (hereinafter refemed to as "TT 661 3 ") or at its election ancl in the alternative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative body, offìcers ancl employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bocly, officers and employees may be required to pay at courl as a result of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer of their obligations under this conclition.
The following disclosure shall be given as paft of transfer of properties: "lf your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24 hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has detemined that the use of realpropefty for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws."
Developer, or the general contractor, shall submit a list of all contractors and/or subcontractors performing work on Tentative Tract 6613 to the City Administrative Serices Department and such contractors and subcontractors shall obtain valid business licences to do business and/or work in the City.
Until all portions of Tentative Tract 6613 have been completed, all vacant and undevelopecl
91. 92.
93. l0
94. land shall be maintained within the boundaries of Tentative Tract 6613 in a weecl-fì'ee ancl clean and orderly manner by Developer. Should said property not be so maintainecl, the City shall notify property o\'r'ner that the property is to be cleaned within thirty days of receipt of said notice. If property owner does not comply within the required time fì'ame, City rnay then clear the land and bill property owner for the expenses incunecl.
Tentative Tract 6613 shall expire twenty-four months from the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, the applicant, not less than sixty days prior to the expiration date, shall submit to the City in writing, a request for an extension of that approval in accordance with the provisions of City Codes.
Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.
Developers shall comply with the latest Uniform Builcling Code, Uniform Mechanical Cocle, Unifom Plumbing Code, National Electrical Code, Unifonn Fire Cocle and all other applicable codes, ordinances, regulations, and development standarcls in effect at the time of issuance of relative permits.
Tentative Tract 6613 shall conform to the in-lieu park fee measures (Quimby Act) of the City of shafter. said fees shall be paid prior to recorclation of the Final Map.
In lieu of the construction of alleys, Developer shall pay refuse capacity fee as requirecl by Orclinance No. 351. Refuse capacity fee shall be due and payable prior to recordation of a Final Map.
Prior to recordation of Tract Map 6613, the developer shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved ancl required by the City, which shall provide for a minimum square footage of residential units within the subdivision, ancl which shall provide for payment of park fees, traffic fees and other fees established by the City. In the event that the City has not adopted such fees in a timely manner such that the developer would have to make payment at the time of obtaining each building permit for development of the subdivision, then the developer and the City agree that park fees shall be a minimum of $650 per lot and traffic fees shall be a minium of 52,346 per lot, and that such fees represent the actual costs pertaining to park and recreation and traffic impacts proportional to and directly related to each lot. Such fees shall be paid regardless of whether the developer and the City enter into a development agreement. In addition, the developer shall cooperate with the City regarding the establishment ancl formation of a community facilities district for school purposes, and the developer shall require all successors in interest in and to the subdivision, and each portion thereof, to cooperate with the City in the establishment of such a district. For this purpose, the developer and its successols in interest shall not object to participate in any protest regarding the formation of such a district, and shall affirmatively vote "yes" with respect to all real property within the subclivision for purposes of establishing such a district.
95. 96.
97. 98.
99,
ll
100. Prior to issuance of each building permit for houses within Tentative Tract 6613, Developer shall subrnit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exterior building materials and colors, for each of the single-family residences to be constructed within Tentative Tract 6613. All architectural features of each single-family residence and all lanclscaping requirements set fofth in Section 2.80, Chapter 2, Title l7 of the Shafter Municipal Code (Design Review) shall be adhered to. All loofs constructed within Tentative Tract 661 3 shall be of concrete tile or Prestique I High Definition manufacturecl by ELK Corporation in Shafter, its equivalent, or better.
l0l . Developer may request approval to substitute equivalent housing plans in lieu of any of the plans provided as part of the application for Tentative Tract 6613. The City's Project Assistance Team shall determine, in the exercise of its reasonable discretion, whether a proposecl substitute is equivalent to the corresponding floor plan ancl elevation previously provicled as a requirement of Section 2.8, Chapter 2, Title l7 of the Shafter Municipal Code.
At a minimum, however, the proposed equivalent plan must be of the same or greater size than the plan it is intended to replace within Tentative Tract 6613. 102. Developer shall submit a conceptual landscape plan for allpublicly maintained landscaping to the Planning Department for approval prior to recordation of the Final Map, or first phase of the Final Map.
103. All loof'-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as much as practical from view fì'om public streets.
104. With the exception of modelhouses, as provided in Section 3.080, Chapter 3, Title l6 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until Tentative Tract 6613 has been recorded pursuant to the requirements of Title l6 (Subclivision Orclinance) ancl Title 17 (Zoning Ordinance) of the Shafter Municipal Cocle.
105. Allrequirements of Section 2.80.6 (Residential Subdivision Land Use Design Criteria) of the City's Zoning Ordinance shall be met.
106. The Shafter-Wasco Imigation District (SWID) has a turnout (l.l-2.6-7) that serues the project site. Upon approval of the zone change, the developer shall submit a request to the Board of Directors of the Shafter-Wasco Irrigation District requesting that the tumout be removed at the landowner's expense and that the parcel be removed from the District's standby charges.
Prior to commencing any wor*, the developer should contact Ron Sutton (Field Superintendent) with SWID, to review the construction requirements adjacent to or over any Shafter-Wasco Irrigation District pipelines or easements. 107. The developer shall obtain an express waiver for right of surface entry for a rninimum of seventy -five percent (7 5%) of the mineral interest estate or provide a five (5) acre t2
minimum drill island/park on the project site prior to recordation of the tract map.
BUILDING
108. Private drives constructed ofPortland cement-concrete shall be construeted at a minimum width of l6 fbet from the edge of public roadway pavement to the garage of each house. 109. Prior to permitting occupancy of any lot, building addresses shall be permanently installed and clearly visible from the sheet.
l3
EXHIBIT 5
RESOLUTION NO. 2979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING A TWO (2) YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 6613 LOCATED ON THE SOUTH SIDE OF E. LOS ANGELES AVENUE APPROXIMATELY 1/3 MILE EAST OF S. SHAFTER AVENUE, WITHIN THE CITY OF SHAFTER WHEREAS, on June 06, 2024, McIntosh & Associates representing V Lions Holdings, LLC, the property owner, requested approval of an extension of time to record a final map on that certain property in the City of Shafter as shown on attached Exhibit “A”, citing a desire to keep the map active to allow the developer additional time to record a final map as the justification for extending the map. The extension of time request was submitted prior to the expiration of the map and is being considered within the 60-day time period allowed by the Subdivision Map Act; and WHEREAS, Tentative Tract Map 6613, proposing to subdivide approximately 20 acres into 36 single-family residential parcels, was approved by the City Council on July 17, 2007; and WHEREAS, the Planning Commission of the City of Shafter held a timely and duly noticed public hearing on July 09, 2024, to receive public testimony and consider an extension of time for Tentative Tract Map No. 6613 for recommendation to the City Council of the City of Shafter; and
WHEREAS, Tentative Tract Map No. 6613 was approved with a condition requiring the final map to be recorded within two years; and
WHEREAS, on July 15, 2008, the state legislature amended the Subdivision Map Act to provide an additional twelve (12) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2011; and
WHEREAS, on July 15, 2009, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2012; and
WHEREAS, on July 15, 2011, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2014; and
WHEREAS, on July 11, 2013, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps approved on or after January 1, 2000 and that have not expired on July 11, 2013; and WHEREAS, on October 10, 2015, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps approved between January 1, 2002 and July 11, 2013; and WHEREAS, on June 12, 2018, the City Council approved a two-year discretionary extension of time, thereby extending the recordation date to July 17, 2020; and
Shafter City Council Resolution No. 2979
August 06, 2024
WHEREAS, on September 27, 2018, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all tentatively approved subdivision maps approved on or after January 1, 2006, and not later than July 11, 2013, thereby extending the recordation date to July 17, 2022; and
WHEREAS, on June 7, 2022, the City Council approved Resolution No. 2865, a resolution of the City Council of the City of Shafter approving a two (2) year legislative extension of time in accordance with Government Code Section 66452.26 for Tentative Tract No. 6613, thereby extending the recordation date to July 17, 2024; and
WHEREAS, Title 16, Section 4.080.B of the City Municipal Code (Subdivision Ordinance) and Government Code §66452.6(e) allow the City Council to approve extensions of time for approved, or conditionally approved, tentative subdivision maps if the request is received prior to the expiration date of the map; and
WHEREAS, the City of Shafter has historically approved subdivision map extensions of time in two-year intervals; and
WHEREAS, the Planning Commission did, on July 09, 2024, approve Resolution 24- 445, a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve a two-year extension of time for Tentative Tract No. 6613, subject to the conditions approved by the City Council on July 17, 2007, to expire on July 17, 2026; and WHEREAS, the City Council through the City Clerk, did set Tuesday, August 06, 2024 at the hour of 7:00 p.m. in the City Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Shafter Municipal Code; and
WHEREAS, the City of Shafter adopted a Negative Declaration for Tentative Tract No. 6613 on July 17, 2007 (Resolution No. 07-1935), therefore no additional CEQA analysis or documentation is required for the extension of time; and WHEREAS, at said City Council meeting held on August 06, 2024, the proposed extension of time for Tentative Tract Map No. 6613 was duly presented and considered and the City Council determined that Tentative Tract Map No. 6613 is eligible to receive a two-year extension of time for recordation of the final map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 6th day of August, 2024, resolved to approve a two-year extension of time for Tentative Tract Map No. 6613 (Exhibit “A”) located on the south side of E.
Los Angeles Avenue approximately 1/3 mile east of S. Shafter Avenue, subject to the conditions approved by the City Council on July 17, 2007 (Resolution No. 07-1935), to expire on July 17, 2026.
Shafter City Council Resolution No. 2979
August 06, 2024
PASSED AND ADOPTED THIS 6TH DAY OF AUGUST, 2024.
Chad Givens, Mayor
ATTEST
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
________________________________
Marco A. Martinez, City Attorney
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: ADOPTION OF RESOLUTION OF INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 0813
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; open and conduct a public hearing on the subject matter; take public testimony; close the public hearing; and then complete the following:
1. Adopt Resolution 2982, a Resolution of the City Council of the City of Shafter Establishing the City of Shafter Community Facilities District No. 0813, County of Kern, State of California, and the Boundaries Thereof;
2. Adopt Resolution 2983, a Resolution of the City Council of the City of Shafter Calling a Special Election and Submitting to the Voters of the City of Shafter Community Facilities District No. 0813 a Proposition With Respect to the Annual Levy of Special Taxes Within Said Community Facilities District to Pay the Costs of Certain Services to be Provided by the Community Facilities District and a Proposition With Respect to Establishing an Appropriations Limit for Said Community Facilities District;
3. Adopt Resolution 2984, a Resolution of the City Council of the City of Shafter Declaring the Results of the Special Election for the City of Shafter Community Facilities District No. 0813, County of Kern, State of California, on the Propositions With Respect to (I) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be Provided by the Community Facilities District and (II) Establishing an Appropriations Limit; and
4. Conduct a first reading of the Ordinance 758, an Ordinance of the City Council of the City of Shafter Acting in its Capacity as the Legislative Body of the City of Shafter Community Facilities District No. 0813, County of Kern, State of California, Authorizing the Levy of a Special Tax in Such Community Facilities District.
BACKGROUND
Tract 7244 was conditioned to create a maintenance district to provide funds for the operations and maintenance of certain public services to be included within the tract development. It was determined that a maintenance community facilities district would
ADOPTION OF RESOLUTION OF INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 0813
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be utilized for this purpose. The services to be maintained and funded by the special taxes include the maintenance of parks and open space, landscaping, parkways, trails, medians, public lighting and street lights, maintenance of recreational facilities, and the costs associated with the determination of the amount of and the levy and collection of special taxes and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. On June 18, 2024 the City Council approved a resolution declaring its intention to form Community Facilities District No. 0813 (“CFD No. 0813”) and set a public hearing on the formation of CFD No. 0813 for August 6, 2024.
Tract 7244 is owned by Lennar Homes of California, LLC, and proposes to construct a total of 395 residential homes. The estimated operations and maintenance costs of the development is approximately $221,000. The maximum special tax to be charged per lot effective Fiscal Year 2024-2025 is $559.00 per year. Similar to the City’s landscape and lighting district, CFD No. 0813 maximum special tax rates will be subject to an annual consumer price index increase of up to 4.0% effective Fiscal Year 2025-2026 and each year thereafter.
On August 6, 2024, this City Council will hold a public hearing regarding the formation of the proposed CFD No. 0813. If a majority of the landowners within the boundaries of the proposed CFD No. 0813 do not register written protests, then the City Council may consider adopting the resolutions described above.
The City Clerk and the property owner have consented to hold the election on August 6, 2024 following the public hearing. The County of Kern Registrar of Voters has certified that there are no registered voters within the boundaries of CFD No. 0813. Following the adoption of the Resolution Calling the Special Election, the City Clerk will conduct the election and declare the election results.
Following the election, the City Council may adopt the Resolution Declaring the Election Results which declares the results of the election.
If the results are in favor of the levy of special taxes within CFD No. 0813, the City Council may waive the full reading of the Ordinance Levying Special Taxes which authorizes the levy of special taxes within CFD No. 0813 in full and call for the first reading of such Ordinance by title only.
ANALYSIS
The requested action is to conduct a public hearing on the formation of the CFD No. 0813. Following the public hearing, and absent a majority protest, conduct a special landowner election on the propositions of (i) levying a special tax, and (ii) setting an appropriations limit.
FISCAL IMPACT
There is no fiscal impact to the City’s general fund as the costs of completing the formation of CFD No. 0813 is paid for through a deposit that was collected from the property owner to complete the CFD formation.
ADOPTION OF RESOLUTION OF INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 0813
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CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the adoption of a resolution to establish a community facilities district and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
The City Council could choose to not approve the attached resolutions and not complete the formation of the proposed CFD No. 0813. The City Council could also provide alternative direction to staff. However, without a funding mechanism such as the CFD, the costs of the operations and maintenance of the development would need to come from the City’s general fund.
NEXT STEPS
The final steps to the formation process is to record a notice of special tax lien securing the special taxes upon the properties within CFD No. 0813. City staff will work with legal counsel to complete this final step.
ATTACHMENTS
1. Resolution 2982 Formation of Community Facilities District No. 0813
2. Exhibit A to Resolution 2982 Community Facilities District No. 0813 Rate and Method of Approtionment
3. Resolution 2983 Calling Special Election for Community Facilities District No. 0813
4. Resolution 2984 Declaring Results of Special Election for Community Facilities District No. 0813
5. Ordinance 758 Authorizing Levy of Special Taxes Community Facilities District No. 0813
6. Exhibit A to Ordinance 758 Community Facilities District No. 0813 Rate and Method of Approtionment
7. Shafter CFD-0813 Report
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RESOLUTION NO. 2982
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHAFTER ESTABLISHING THE CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0813, COUNTY
OF KERN, STATE OF CALIFORNIA, AND THE
BOUNDARIES THEREOF
WHEREAS, the City Council of the City of Shafter (the “City Council”) adopted Resolution No. 2974, stating that a community facilities district to be known as the “City of Shafter Community Facilities District No. 0813, County of Kern, State of California” (the “Community Facilities District”), is proposed to be established under the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and; WHEREAS, on August 6, 2024, at the time and place specified in said published and mailed notices, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, prior to the commencement of said public hearing on August 6, 2024 there was filed with the City Council a report (the “Report”) containing a description of the services being financed within and for the Community Facilities District, and an estimate of the cost of providing such services, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, the City Council may therefore proceed to establish the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are true and correct and are incorporated herein by this reference, (ii) at its meeting on August 6, 2024, pursuant to notice thereof duly given as provided by law, the City Council conducted the public hearing with respect to the formation of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are
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Shafter City Council Resolution No. 2982
August 6, 2024
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described in Section 3 hereof, (iii) the boundary map of the Community Facilities District was recorded, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, on July 24, 2024, at Page 190 of Book 1 of Maps of Assessment and Community Facilities Districts, and as Document No. 224085392, in the official records of the County of Kern, (iv) no written protests were received at or prior to the time of said hearing against the formation of the Community Facilities District or the levying of said special taxes by the Community Facilities District, and said special taxes have, therefore, not been limited by majority protest pursuant to Section 53324 of the California Government Code, (v) all prior proceedings with respect to the formation of the Community Facilities District conducted by the City Council were valid and in conformity with the requirements of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the formation of the City of Shafter Community Facilities District No. 0813, County of Kern, State of California, and the Community Facilities District should be established, and (vii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing and, pursuant to Section 53326 of the California Government Code, the vote in the special election provided for in Section 7 hereof shall, therefore, be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District.
Section 2. Formation of the District. The City of Shafter Community Facilities District No. 0813, County of Kern, State of California, is hereby established. The boundaries of the Community Facilities District are described and shown on the map entitled “Proposed Boundaries of City of Shafter Community Facilities District No. 0813, County of Kern, State of California” which is on file with the City Clerk, and said boundaries are hereby established.
Section 3. Types of Services; Incidental Expenses. It is proposed that the Community Facilities District shall provide and finance (a) maintenance and lighting of parks, parkways, streets, roads and open space; (b) maintenance of recreational facilities, (c) and any other services authorized to be financed pursuant to the Act. The proposed community facilities district shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.
Section 4. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.
Under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rate and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent.
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Shafter City Council Resolution No. 2982
August 6, 2024
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Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and that lien shall continue in full force and effect as long as the City of Shafter provides the services or until the lien canceled in accordance with law or until collection of the special tax ceases.
Section 5. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the proposed community facilities district.
Section 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 7. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District, and (ii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000.00 (the “Special Election”), shall be as follows:
(a) Except as otherwise provided below, the special election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
(b) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the California Government Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of the services to be provided by the Community Facilities District, and (ii) establishing an appropriations limit therefor to the qualified electors of the Community Facilities District, upon which such election can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the Community Facilities District and the City Clerk agree and concur is acceptable. (c) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the public hearing if the qualified electors of the Community Facilities District waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
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(d) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(e) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (f) The official ballot to be mailed or delivered by the City Clerk to each landowner voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (g) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(h) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the date of the election.
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Shafter City Council Resolution No. 2982
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(i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the special election, if it is held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 9. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF AUGUST, 2024. ______________________________________________
Chad Givens, Mayor Date
ATTEST:
______________________________________________
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
______________________________________________
Marco A. Martinez, City Attorney Date
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Shafter City Council Resolution No. 2982
August 6, 2024
CERTIFICATION OF THE GOVERNING BODY’S ACTION
STATE OF CALIFORNIA )
) ss.
COUNTY OF KERN )
I, Yazmina Pallares, City Clerk of the City of Shafter, DO HEREBY CERTIFY that the foregoing Resolution, a Resolution of the City Council of the City of Shafter, was duly passed and adopted at a Regular Meeting held on the 6th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Shafter this ____ day of _____________, 2024.
City Clerk of the City of Shafter
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EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0813
City of Shafter 1
Public Services Community Facilities District No. 0813
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0813
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0813 (“CFD No. 0813”) and collected each Fiscal Year commencing in Fiscal Year 2024/2025 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0813 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2025 for Fiscal Year 2025/2026 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%). “Approved Property” means a Lot for which a building permit has not been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor” means the Assessor of the County of Kern.
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by
City of Shafter 2
Public Services Community Facilities District No. 0813
Assessor’s Parcel Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2024.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD or CFD No. 0813” means the City of Shafter Public Services Community Facilities District No. 0813.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0813 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2024- 2025, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
"Final Subdivision Map" means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below. "Lot" means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
"Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
"Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied,
City of Shafter 3
Public Services Community Facilities District No. 0813
the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 2 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Parcel, or portion of a Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use. “Public Property” means any property within the boundaries of CFD No. 0813, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
“Special Tax” means any special tax authorized to be levied within CFD No. 0813 pursuant to the Act and this Rate and Method of Apportionment.
“Special Tax Requirement” meansthat amount required in any Fiscal Year for the CFD to:
(a) (i) pay for the Maintenance Requirement/; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0813 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. TaxPage 336 of 610 City of Shafter 4
Public Services Community Facilities District No. 0813
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. “Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 0813 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0813 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3 A and B below. For Residential Property the number of Units or Acreage shall be determined and for all other Taxable Property.
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2024/2025
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $559.00 per Unit
2 Non-Residential Property $3,378.00 per Acre
B. Approved Property
The Maximum Special Tax for Approved Property shall be $559.00 per Lot.
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
City of Shafter 5
Public Services Community Facilities District No. 0813
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Commercial/Industrial Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2024/2025, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City
City of Shafter 6
Public Services Community Facilities District No. 0813
Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
28256.00104\40656094.4
RESOLUTION NO. 2983
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHAFTER CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF THE CITY OF
SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0813
A PROPOSITION WITH RESPECT TO THE ANNUAL
LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY
FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN
SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT AND A PROPOSITION WITH
RESPECT TO ESTABLISHING AN APPROPRIATIONS
LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Shafter (“the City”) has adopted a resolution establishing the City of Shafter Community Facilities District No. 0813, County of Kern, State of California (the “Community Facilities District”) and the boundaries thereof; and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 2974, the resolution of intention with respect to the formation of the Community Facilities District (“Resolution of Intention”); and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on August 6, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Lennar Homes of California, LLC, the owner of all of the land in the Community Facilities District has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this Resolution, (b) consented to the holding of said election on August 6, 2024, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said
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Shafter City Council Resolution No. 2983
August 6, 2024
2 Code; and (v) the City Clerk of the City has consented to the holding of said election on August 6, 2024.
Section 2. Call of Election. The City Council hereby calls and schedules a special election for August 6, 2024 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District.
Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:
First Proposition
Shall special taxes be levied annually on taxable property within City of Shafter Community Facilities District No. 0813, County of Kern, State of California, to pay the costs of maintenance services, and other services specified in the Resolution of Intention adopted by the City Council of the City of Shafter on June 18, 2024 (the “Resolution of Intention”) and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention? Second Proposition
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Shafter Community Facilities District No. 0813, County of Kern, State of California, in the amount of $5,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of maintenance services and other services specified in the Resolution of Intention and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of special tax rates pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
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Shafter City Council Resolution No. 2983
August 6, 2024
3 (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the special election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on August 6, 2024.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other
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Shafter City Council Resolution No. 2983
August 6, 2024
4 provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 7. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF AUGUST, 2024. _____________________________________________
Chad Givens, Mayor Date
ATTEST:
______________________________________________
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
______________________________________________
Marco A. Martinez, City Attorney Date
28256.00104\40656094.4
Shafter City Council Resolution No. 2983
August 6, 2024
5 CERTIFICATION OF THE GOVERNING BODY’S ACTION
STATE OF CALIFORNIA )
) ss.
COUNTY OF KERN )
I, Yazmina Pallares, City Clerk of the City of Shafter, DO HEREBY CERTIFY that the foregoing Resolution, a Resolution of the City Council of the City of Shafter, was duly passed and adopted at a Regular Meeting held on the 6th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Shafter this ____ day of _____________, 2024.
City Clerk of the City of Shafter
28256.00104\40656249.2
RESOLUTION NO. 2984
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHAFTER DECLARING THE RESULTS OF THE SPECIAL
ELECTION FOR THE CITY OF SHAFTER COMMUNITY
FACILITIES DISTRICT NO. 0813, COUNTY OF KERN,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH
RESPECT TO (I) THE ANNUAL LEVY OF SPECIAL TAXES
TO PAY THE COSTS OF CERTAIN SERVICES TO BE
PROVIDED BY THE COMMUNITY FACILITIES DISTRICT
AND (II) ESTABLISHING AN APPROPRIATIONS LIMIT
WHEREAS, on August 6, 2024, the City Council (the “City Council”) of the City of Shafter (the “City”) adopted a resolution calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within the City of Shafter Community Facilities District No. 0813, County of Kern, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and establishing an appropriations limit for the Community Facilities District (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk, who pursuant to the Election Resolution was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of all such propositions.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were less than 12 persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on August 6, 2024, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the special election; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk delivered a ballot for the special election to Lennar Homes of California, LLC, the owner of all of the land within the Community Facilities District (the “Property Owner”); (iv) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on August 6, 2024; (v) the special election has been properly conducted in accordance with all statutory requirements and the provisions of Election Resolution; (vi) pursuant to Section 53326, the Property Owner, which owned approximately 101.82 acres, was entitled to a total of 102 votes; (vii) the ballot was returned by the Property Owner to the City Clerk prior to 6:00 p.m. on August 6, 2024; (viii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (ix) more than two-thirds of the votes cast in the special
28256.00104\40656249.2
Shafter City Council Resolution No. 2984
August 6, 2024
- 2 -
election on each such proposition were cast in favor thereof, and pursuant to Section 53328 of the California Government Code, all such propositions carried; (x) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the costs of services to be provided by the Community Facilities District; and (xi) an appropriations limit for the Community Facilities District has been established in the amount of $5,000,000.
Section 2. Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District and the establishment of an appropriations limit in the amount of $5,000,000 for the Community Facilities District were voted in favor thereof, and such propositions carried.
Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of the services to be provided by the Community Facilities District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit “A” to Resolution of Formation adopted by the City Council on August 6, 2024, and an appropriations limit has been established for the Community Facilities District in the amount of $5,000,000.
Section 5. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.
Section 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 5. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF AUGUST, 2024. _______________________________________________
Chad Givens, Mayor Date
ATTEST:
_______________________________________________
Yazmina Pallares, City Clerk Date
28256.00104\40656249.2
Shafter City Council Resolution No. 2984
August 6, 2024
- 3 -
APPROVED AS TO FORM:
_______________________________________________
Marco A. Martinez, City Attorney Date
28256.00104\40656249.2
CERTIFICATION OF THE GOVERNING BODY’S ACTION
STATE OF CALIFORNIA )
) ss.
COUNTY OF KERN )
I, Yazmina Pallares, City Clerk of the City of Shafter, DO HEREBY CERTIFY that the foregoing Resolution, a Resolution of the City Council of the City of Shafter, was duly passed and adopted at a Regular Meeting held on the 6th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Shafter this ____ day of _____________, 2024.
City Clerk of the City of Shafter
28256.00104\40801825.2
ORDINANCE NO. 758
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SHAFTER ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF THE CITY OF SHAFTER COMMUNITY FACILITIES
DISTRICT NO. 0813, COUNTY OF KERN, STATE OF
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Shafter, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as the City of Shafter Community Facilities District No. 0813, County of Kern, State of California (the “District”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).
Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.
Section 3. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Shafter, acting for and on behalf of the District.
Section 4. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non-exempt real property in the District and shall continue in force
28256.00104\40801825.2
Shafter City Council Ordinance No. 758
August 20, 2024
2 and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.
Section 5. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City of Shafter.
The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council the 6th day of August, 2024 and by unanimous vote of the Council members present, further reading was waived.
On a motion by Council Member _______, seconded by Council Member ______, the foregoing Ordinance was duly passed and adopted by the City Council of the City of Shafter at a regular meeting thereof, this _____ day of ______ 2024, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
___________________________________________
Chad Givens, Mayor Date
ATTEST:
____________________________________________
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
____________________________________________
Marco A. Martinez, City Attorney Date
28256.00104\40801825.2
Shafter City Council Ordinance No. 758
August 20, 2024
3 CERTIFICATE OF GOVERNING BODY’S ACTION
STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.
CITY OF SHAFTER )
I, Yazmina Pallares, City Clerk of the City of Shafter do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Shafter held on August 6, 2024, and was adopted at the regular meeting of the City Council of the City of Shafter held on __________, 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
___________________________
City Clerk of the City of Shafter
28256.00104\40801825.2
Shafter City Council Ordinance No. 758
August 20, 2024
A-1
EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0813
City of Shafter 1
Public Services Community Facilities District No. 0813
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0813
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0813 (“CFD No. 0813”) and collected each Fiscal Year commencing in Fiscal Year 2024/2025 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0813 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2025 for Fiscal Year 2025/2026 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%). “Approved Property” means a Lot for which a building permit has not been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor” means the Assessor of the County of Kern.
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by
City of Shafter 2
Public Services Community Facilities District No. 0813
Assessor’s Parcel Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2024.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD or CFD No. 0813” means the City of Shafter Public Services Community Facilities District No. 0813.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0813 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2024- 2025, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
"Final Subdivision Map" means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below. "Lot" means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
"Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
"Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied,
City of Shafter 3
Public Services Community Facilities District No. 0813
the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 2 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Parcel, or portion of a Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use. “Public Property” means any property within the boundaries of CFD No. 0813, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
“Special Tax” means any special tax authorized to be levied within CFD No. 0813 pursuant to the Act and this Rate and Method of Apportionment.
“Special Tax Requirement” meansthat amount required in any Fiscal Year for the CFD to:
(a) (i) pay for the Maintenance Requirement/; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0813 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. TaxPage 355 of 610 City of Shafter 4
Public Services Community Facilities District No. 0813
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. “Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 0813 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0813 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3 A and B below. For Residential Property the number of Units or Acreage shall be determined and for all other Taxable Property.
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2024/2025
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $559.00 per Unit
2 Non-Residential Property $3,378.00 per Acre
B. Approved Property
The Maximum Special Tax for Approved Property shall be $559.00 per Lot.
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
City of Shafter 5
Public Services Community Facilities District No. 0813
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Commercial/Industrial Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2024/2025, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City
City of Shafter 6
Public Services Community Facilities District No. 0813
Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
City of Shafter
Community Facilities
District No. 0813
Public Report
August 6, 2024
City of Shafter
City Council
Chad Givens, Mayor
Cathy L. Prout, Mayor Pro Tem
Gilbert Alvarado, Council Member
Pete Espinoza, Council Member
Gustavo Olvera Jr., Council Member
City Manager
Gabriel Gonzalez
Deputy Public Works Director
Alex Gonzalez
City Clerk
Yazmina Pallares
TABLE OF CONTENTS
Introduction ........................................................................................................................ 1 A. Description of CFD No. 0813................................................................................... 1 B. Description of Services............................................................................................ 1 C. Boundaries of CFD No. 0813................................................................................... 2 D. Cost Estimate .......................................................................................................... 2 E. Rate and Method of Apportionment...................................................................... 2 F. General Terms and Conditions ............................................................................... 2 Exhibit A – Boundary Map ...............................................................................................A-1 Exhibit B – Cost Estimates................................................................................................B-1 Exhibit C – Rate and Method of Apportionment.............................................................C-1
July 17, 2024 Community Facilities District No. 0813
1 City of Shafter
Introduction
The City Council of the City of Shafter (the “Council”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on June 18, 2024 adopt a resolution entitled “Resolution of Intention of the City Council of the City of Shafter with Respect to the Formation of Proposed City of Shafter Community Facilities District No. 0813” (the “Resolution of Intention”). In the Resolution of Intention, the Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”) for the proposed Community Facilities District No. 0813 (“CFD No. 0813” or the “District”).
The Resolution of Intention ordering the Report did direct that the Report generally contain the following:
1. A brief description the Services which are required to adequately meet the needs of CFD No. 0813; and
2. An estimate of the cost of providing the Services and the incidental expenses to be incurred in connection therewith.
For particulars, reference is made to the Resolution of Intention (Resolution Number 2974) for the District, as previously approved and adopted by Council.
Now, Therefore Koppel & Gruber Public Finance, the appointed responsible firm directed to prepare the Report, does hereby submit the following:
A. Description of CFD No. 0813
CFD No. 0813 is comprised of approximately 102 acres of residentially zoned land in the City of Shafter known as Revised Tentative Tract Map No. 7244. A map showing the boundaries of Community Facilities District No. 0813 is included in Exhibit “A” of this Report. Table 1 below shows the proposed development for CFD No. 0813.
Table 1
Proposed Development
CFD No. 0813 Proposed Units
Revised Tentative Tract No. 7244 395 Single Family Residential B. Description of Services
The purpose of CFD No. 0813 is to provide for the cost of services which are in addition to those services that were provided within the boundaries of CFD No. 0813 at the time of formation of CFD No. 0813, including, 1) maintenance and lighting of parks, parkways, streets, roads and open space, 2) maintenance of recreational facilities, and 3) any other services authorized to be financed pursuant to the Act.
July 17, 2024 Community Facilities District No. 0813
2 City of Shafter
C. Boundaries of CFD No. 0813
A reduced map of the boundaries of CFD No. 0813 titled “Proposed Boundaries of City of Shafter Community Facilities District No. 0813” is included in Exhibit “A” and is incorporated herein.
A full-scale map is on file with the Clerk of the City of Shafter and was recorded with the County Recorder in the County of Kern in Book XXX of Maps of Assessment and Community Facilities Districts, Page XX, Document Number xxxxxxxxx.
D. Cost Estimate
The District is being formed to provide a financing mechanism to pay for the cost of services as described in Section B above for new development within the boundaries of CFD No. 0813. The budget for CFD No. 0813 is estimated at $220,942 for fiscal year 2024/2025, based on the special taxes expected to be generated from the District at full build out.
The estimated costs of the Services are shown in 2024 dollars. For particulars on the estimated cost of Services, reference is made to Exhibit “B” of this Report.
E. Rate and Method of Apportionment
The Rate and Method of Apportionment provides sufficient information to allow a property owner within CFD No. 0813 to estimate the Maximum Special Tax for his or her property.
For particulars on the Rate and Method of apportionment, reference is made to Exhibit “C” of this report. The table below provides the fiscal year 2024/2025 special tax rates.
Classification FY 2024/2025
Maximum Special Tax
Residential Property or
Approved Property $559.00 per Unit
Non-Residential Property $3,378.00 per Acre
F. General Terms and Conditions
The description of the Services is general in nature. The final nature and location of the Services that will be provided and/or maintained will be determined upon approval of such Services.
July 17, 2024 Community Facilities District No. 0813
City of Shafter A - 1
EXHIBIT A
BOUNDARY MAP FOR
COMMUNITY FACILITIES DISTRICT NO. 0813
A reduced copy of the Corrected Boundary Map follows. The original of such maps are on file in the Office of the City Clerk and in the records of the County Recorder, County of Kern, State of California.
July 17, 2024 Community Facilities District No. 0813
B-1 City of Shafter
EXHIBIT B
COST ESTIMATES
Services Budget
The budget below represents the estimated cost of Services in current year dollars assuming all properties within CFD No. 0813 are developed to the proposed number of units specified in the approved Revised Tentative Tract Map. The Special Tax will be levied each fiscal year based on the methodology set out in the Rate and Method of Apportionment based on the proportions set forth at the time of formation. The total costs for Services are estimates only. The City has the ability to reallocate amounts between line items as long as the total costs do not exceed the total budgeted amounts, which are subject to escalation.
Estimated Annual Budget and Revenues From
Expected Development Within CFD No. 0813
Service
Estimated FY 2024/25
Budget
Maintenance and lighting of parks, parkways, streets,
roads, open space and recreational facilities $204,819
Costs of providing services and incidental costs 16,123 Total Estimated Budget $220,942
July 17, 2024 Community Facilities District No. 0813
C-1 City of Shafter
EXHIBIT C
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0813
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0813 (“CFD No. 0813”) and collected each Fiscal Year commencing in Fiscal Year 2024/2025 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0813 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2025 for Fiscal Year 2025/2026 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%). “Approved Property” means a Lot for which a building permit has not been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor” means the Assessor of the County of Kern.
July 17, 2024 Community Facilities District No. 0813
C-2 City of Shafter
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Parcel Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2024.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD or CFD No. 0813” means the City of Shafter Public Services Community Facilities District No. 0813.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0813 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2024- 2025, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
"Final Subdivision Map" means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below. "Lot" means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
"Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public
July 17, 2024 Community Facilities District No. 0813
C-3 City of Shafter
lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
"Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 2 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Parcel, or portion of a Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use. “Public Property” means any property within the boundaries of CFD No. 0813, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
“Special Tax” means any special tax authorized to be levied within CFD No. 0813 pursuant to the Act and this Rate and Method of Apportionment.
“Special Tax Requirement” meansthat amount required in any Fiscal Year for the CFD to:
(a) (i) pay for the Maintenance Requirement/; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
July 17, 2024 Community Facilities District No. 0813
C-4 City of Shafter
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0813 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, or (ii) Property Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. “Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 0813 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0813 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3 A and B below. For Residential Property the number of Units or Acreage shall be determined and for all other Taxable Property.
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2024/2025
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $559.00 per Unit
2 Non-Residential Property $3,378.00 per Acre
B. Approved Property
The Maximum Special Tax for Approved Property shall be $559.00 per Lot.
July 17, 2024 Community Facilities District No. 0813
C-5 City of Shafter
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Commercial/Industrial Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2024/2025, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation,
July 17, 2024 Community Facilities District No. 0813
C-6 City of Shafter
the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Marco Martinez, City Attorney
SUBJECT: APPROVAL OF THE FOURTH AMENDMENT OF THE CITY
MANAGER EMPLOYMENT AGREEMENT WITH GABRIEL A.
GONZALEZ
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the Fourth Amendment to the City Manager Employment Agreement for Gabriel A. Gonzalez.
BACKGROUND
The City Manager’s current employment agreement expires in March of 2025. A few months ago, the City Manager – Gabriel A. Gonzalez - announced that he intends to retire at the conclusion of the agreement’s term, but would be willing to consider an earlier retirement if the Council recruits and hires a new City Manager prior to expiration of Mr. Gonzalez’ contract. The City Council is currently conducting such a recruitment and search.
In anticipation of recruiting Mr. Gonzalez’s replacement, the City Council requested that Mr. Gonzalez’ contract be amended to authorize a buyout provision to compensate Mr Gonzalez’s accommodation. That buyout would be similar to the existing severance provisions that apply if a City Manager is terminated involuntarily. The attached Fourth Amendment adds a buyout provision to accommodate an earlier departure from service.
ANALYSIS
On February 18, 2020, the City Council appointed Gabriel A. Gonzalez as City Manager and approved an employment agreement setting forth the terms of that engagement.
That agreement has been amended three times since its adoption to authorize additional severance, bonus pay and salary benefits. The employment agreement is set to expire in March of 2025. However, in order to accommodate an earlier departure date from service, the Employment Agreement has been amended to add the following:
1. A buyout provision that provides the City Manager the option of announcing a fixed effective date for early retirement from service prior to the expiration date of the Agreement to allow the City to search for a replacement City Manager.
APPROVAL OF THE FOURTH AMENDMENT OF THE CITY MANAGER EMPLOYMENT AGREEMENT WITH GABRIEL A. GONZALEZ
- 2 -
2. Upon the effective date of retirement, the City would agree to pay City Manager a payment equal to the lesser of the number of months remaining on his Agreement or (6) months of City Manager’s then monthly Base Salary and the monthly cell phone and car allowance provided pursuant to this Employment Agreement (“Early Retirement Buyout Payment”).
3. In addition to the Early Retirement Buyout Payment, and pursuant to California Government Code, Section 53261, City Manager shall be entitled to continued health benefits until the expiration of the Employment Agreement (March 15, 2025), or until the City Manager finds other employment providing health benefits, whichever occurs first.
Similar to the existing severance provision, the Early Retirement Buyout Payment and provision of health benefits are contingent on City Manager executing a waiver and release Agreement.
FISCAL IMPACT
Depending on the City Manager’s official retirement date from service, the proposed Early Retirement Buyout Payment will require the City to pay the lesser of the number of months remaining on his Agreement or (6) months of the City Manager’s base salary and the monthly cell/auto allowance and health benefits.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of a fourth amendment to the City Manager employment 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.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
1. Provide alternative direction.
NEXT STEPS
None.
ATTACHMENTS
1. Fourth Amendment to City Manager Employment Agreement (2024 Gonzalez)
2. City Manager Buyout Waiver & Release (2024)
17236.00000\42358583.4
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FOURTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
This Fourth Amendment to the City Manager Employment Agreement (the “Fourth Amendment”) between the City of Shafter (the “City”), a California municipal corporation, and GABRIEL A. GONZALEZ, an individual (“GONZALEZ”), is entered into this ___, of __________, 2024. The above parties may be individual referred to as “Party” and collectively referred to as the “Parties.”
RECITALS
A. The Parties entered into a City Manager Employment Agreement (“Agreement”) services on February 21, 2020; and
B. The Parties entered into a First Amendment to the Agreement in August of 2022 to amend the term of the Agreement and certain benefits terms; and C. The Parties entered into a Second Amendment to the Agreement in August of 2023 to provide for a performance bonus.
D. The Parties entered into a Third Amendment to the Agreement in December of 2023 clarify certain salary and benefit provisions of the Agreement.
E. The Parties now wish to further amend the terms of the Agreement to accommodate City Manager’s impending retirement prior to the expiration date of the Agreement to accommodate City’s search for a new City Manager.
AGREEMENT
In consideration of the mutual obligations in this First Amendment and the Agreement, the Parties agree as follows:
SECTION 1. Section 9 of the Agreement is hereby amended in its entirety to read as follows:
“9. TERMINATION OF AGREEMENT
A. At-Will Employee. City Manager shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the City Council, with or without cause, as provided in the City Charter and this Agreement.
This Agreement may be terminated as follows:
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1. Termination - Council Vote. The City Council may remove the City Manager, with or without cause, by motion adopted by the affirmative votes of a majority of the members of the City Council. Notwithstanding such authority, the City Manager may not be removed within three (3) months from the date of initial appointment or sixty (60) days from the date of a municipal election, or recall of one or more of the members of the City Council.
2. Termination - Change in Form of Government. If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City’s form of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate this Agreement.
3. Reduction of Salary or Benefits. If the City Council reduces the annual base salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of all executive managers without the City Manager’s written consent, such action shall constitute a termination of this Agreement. City Manager shall be entitled to severance pursuant to Section 9(C) of this Agreement.
4. Resignation. City Manager may voluntarily resign his position as City Manager, after giving City at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. Resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem. In the event the City Manager resigns from his employment with City, the City Manager shall not be entitled to any Severance pay.
5. Death. If, during the Term or any extended Term, the City Manager dies, the City Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
6. Disability. In the event the City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of six (6) consecutive months, the City may terminate the City Manager’s employment and this Agreement. City Manager shall not be entitled to any Severance pay.
B. Termination for Cause. In the event City Manager is terminated by City for “cause,” then City may terminate this Agreement immediately and City Manager shall be entitled to only the compensation accrued up to the date of termination and shall not 7
17236.00000\42358583.4
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be entitled to any severance. As used in this section, “cause” shall mean any of the following:
(1) Conviction of any felony.
(2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement.
(3) Conviction of any crime involving moral turpitude.
(4) Removal from office by the Grand Jury.
(5) Willful abandonment of duties.
(6) A pattern of repeated, willful and intentional failure to carry out clear and legally constituted policy decisions of the City Council made by the City Council as a body.
(7) Failure to competently discharge duties as determined in two consecutive sets of written findings approved by a majority of the City Council not earlier than the first anniversary of this Agreement, and no less than three months apart. Examples of incompetent discharge of duties include, but are not limited to, failure to meet statutory or contractual deadlines within City Manager’s area of authority and negligent hiring or supervision of employees under City Manager’s direct supervision leading to City liability. City Manager will be provided an opportunity to respond to the findings prior to the effective date of termination.
C. Severance. In the event this Agreement is terminated without cause or pursuant to Section A(3) of this Section, the City Manager shall receive a severance payment, in a lump sum, equal to the lesser of the number of months remaining on this Agreement or (6) months of City Manager’s then monthly Base Salary (“Severance Pay”).
Such severance payment shall be his sole remedy for termination without cause or section A(3) of this Agreement.
The Severance Pay shall be paid only after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit “A” to this Agreement. Notwithstanding the foregoing, if the City Manager is terminated for cause, as set forth in this Agreement, then City Manager shall not be eligible for severance payment.
D. Early Retirement Option & Settlement of Terms . Notwithstanding any of the termination provisions in this section, City Manager shall have the option of announcing a fixed effective date for early retirement from service prior to the expiration date of this Agreement to allow City to search for a replacement City Manager. Upon the effective date of retirement, City agrees to pay City Manager a payment equal to the lesser of the number of months remaining on this Agreement or (6) months of City Manager’s then monthly Base Salary and the monthly cell phone and car allowance provided
17236.00000\42358583.4
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pursuant to this Agreement (“Early Retirement Buyout Payment”). The Early Retirement Buyout Payment shall be paid to City Manager in installment payments as he directs.
In addition to the Early Retirement Buyout Payment, and pursuant to California Government Code, Section 53261, City Manager shall be entitled to continued health benefits until the expiration of this Agreement, or until the City Manager finds other employment providing health benefits, whichever occurs first.
The Early Retirement Buyout Payment and provision of health benefits shall be contingent on City Manager executing a waiver and release Agreement prepared by the City Attorney in a form substantially similar to one required in Exhibit “A “of this Agreement. Acceptance of the Early Buyout Payment and/or the continued health benefits shall be his sole remedy for any claims related to service provided pursuant to this Agreement.
E. Separation Obligations. City Manager agrees that all property, including but not limited to all equipment, tangible proprietary, documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to the City and shall be returned promptly to the City upon employment separation. City Manager's obligations under this subsection shall survive his employment separation and the termination of this Agreement.” SECTION 3. Except as expressly modified by this Fourth Amendment, all provisions of the Agreement remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
17236.00000\42358583.4
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IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment as of the date first herein written above.
CITY OF SHAFTER
By: _____________________________
CHAD GIVENS, Mayor
CITY MANAGER
By: _____________________________
GABRIEL A. GONZALEZ
City Manager
17236.00000\42358583.4
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ATTEST:
_____________________________
Yazmina Pallares, City Clerk
Approved as to form:
_____________________________
Marco A. Martinez, City Attorney
09845.00500\42505890.1
CITY OF SHAFTER - CITY MANAGER EMPLOYMENT AGREEMENT
WAIVER AND RELEASE
I, the undersigned, do hereby acknowledge and attest that I have read and understood Section 9 of my Employment Agreement with the City of Shafter and hereby agree that by accepting Severance Payment (Subsection “C”) or an Early Retirement Buyout Payment (Subsection “D”), I agree to waive all rights to further claims, remedies, or legal action against the City its officers and employees.
In exchange for receipt of the Severance Payment or Early Retirement Buyout Payment, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of Shafter and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, “Released Parties”) from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the “Released Claims”). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
[By initialing below, the City Manager acknowledges that he or she has read and understands this waiver and voluntarily and knowingly is waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, action obligations, liabilities and causes of action of any kind.] ______
Initials of City Manager
City Manager shall not file any claim, sue or initiate against any Released Party any compliance review, action, or proceeding, or participate in the same, individually or as a member
09845.00500\42505890.1
of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
Approved and Agreed to By:
Gabriel A. Gonzalez
Dated: _____________________________
Accepted By:
__________________________________
Chad Givens, Mayor
Dated: _____________________________
12
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk, Gabriel Gonzalez, City Manager SUBJECT: REQUEST TO CONVERT ONE (1) PART-TIME POSITION OF AN
ADMINISTRATIVE ASSISTANT TO A FULL-TIME POSITION TO
STAFF CITY HALL EXTENSION AT GOSSAMER GROVE
RECOMMENDATION
Council find the requested action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines; and approve the conversion of one (1) part-time position of an Administrative Assistant to a full-time position to staff City Hall Extension at Gossamer Grove.
BACKGROUND
The expansion of the City Hall Extension at Gossamer Grove is a significant step towards achieving our organizational goals and improving our service delivery to City residents. As staff prepare for this transition, it is crucial to begin preparing the staffing needs of the Gossamer Grove community to ensure smooth operations and continued efficiency as the City continues to grow. Before the city hall extension is complete, this position will cross-train with several departments throughout the city.
ANALYSIS
Some of the key responsibilities of the Administrative Assistant would be handling incoming calls, emails, and visitor inquiries about the City Building, Planning, City Manager, Police, and Public Works Department. This position will train with each department for several weeks before the opening of the extension to help answer any questions that may come in. The lead time to cross-train the employee is needed because they will need to be knowledgeable of various departments.
FISCAL IMPACT
The full burden cost for the position is $103,533. No budget allocation is needed, the position allocation would be split between the Building, Planning, City Manager, Police, and Public Works Departments.
CEQA ANALYSIS
The requested action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of additional staff and, therefore, is an
REQUEST TO CONVERT ONE (1) PART-TIME POSITION OF AN ADMINISTRATIVE ASSISTANT
TO A FULL-TIME POSITION TO STAFF CITY HALL EXTENSION AT GOSSAMER GROVE - 2 -
organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
1. The Council can approve this position on a Pilot Program basis, with the Administrative Assistant working half of the day at City Hall and the other half at the Gossamer Grove City Hall Extension.
2. The Council can reject approval of the Administrative Assistant position for the future City Hall Extension at Gossamer Grove, but this will limit effective customer service with Gossamer Grove residents.
NEXT STEPS
Upon City Council approval, Staff will seek to fill the position, initially through a promotional opportunity offered to existing part-time employees.
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: APPROVAL OF GENERAL PLAN UPDATE AD HOC COMMITTEE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt Resolution 2980, a Resolution of the City Council of the City of Shafter approving the formation of a General Plan Update Ad Hoc Committee.
BACKGROUND
At the June 18, 2024, City Council meeting, the Council approved the composition of the General Plan Update committees. One of the committees approved by the Council was the General Plan Advisory Committee (GPAC). The list of possible GPAC members approved by the Council is as follows:
• Two (2) City Councilmembers
• Five (5) individuals appointed by City Council (one per Councilmember) • One (1) member-at-large appointed by entire City Council • One (1) Wonderful Company representative
• One (1) Suburban Land Reserve representative
• One (1) Richland School District representative
• One (1) Shafter Recreation & Park District representative • One (1) Planning Commission member
• One (1) Minter Field Airport District representative
• One (1) Mr. Sills representative
ANALYSIS
The purpose of this agenda item is to approve the formation of a general plan update ad hoc committee consisting of two Councilmembers. Once the committee is approved, then the Council can name two members onto the committee. These two ad hoc committee members will represent the Council on the GPAC.
FISCAL IMPACT
There is no fiscal impact in forming the general plan update ad hoc committee.
CEQA ANALYSIS
APPROVAL OF GENERAL PLAN UPDATE AD HOC COMMITTEE
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The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a general plan update ad hoc committee, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
There are no alternatives to the action. The Council has approved the GPAC’s composition, including the appointment of two Councilmembers. The formation of an ad hoc committee for the Council is the mechanism to appoint two Councilmembers to the GPAC.
NEXT STEPS
Based on Council direction, staff shall move forward with soliciting participation in the committee, plan future committee meetings, and develop protocols for how the committee will function.
ATTACHMENTS
1. Exhibit 1 - Resolution No. 2980
EXHIBIT 1
RESOLUTION NO. 2980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
APPROVING THE FORMATION OF A GENERAL PLAN UPDATE AD HOC COMMITTEE.
WHEREAS, the City of Shafter recognizes the need to have City Council participation in the preparation of the general plan update; and
WHEREAS, on June 18, 2024, the City Council approved of the composition of the General Plan Advisory Committee (“GPAC”) that included two Councilmembers; and WHEREAS, it has been determined that the formation of a City Council general plan update ad hoc committee should be the mechanism to appoint two Councilmembers to the GPAC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in regular session assembled on the 6th day of August, 2024, resolved that a general plan update ad hoc committee be established; and
BE IT FURTHER RESOLVED that the members of the general plan update ad hoc committee shall include two members of the City Council chosen collectively by the Council; and BE IT FURTHER RESOLVED that, once the City Council has chosen its two Councilmembers for the general plan update ad hoc committee, it informs the City Manager of its choice to disseminate to staff; and
BE IT FURTHER RESLOVED that the general plan update ad hoc committee shall be dissolved upon the completion of its task.
PASSED AND ADOPTED THIS 6th DAY OF AUGUST, 2024.
_____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 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
$134,508 TO CONDUCT A DESIGN CHARRETTE, DEVELOP
MARKETING MATERIAL, AND PROVIDE A SUMMARY AND
STRATEGY OF NEXT STEPS FOR THE LERDO HIGHWAY
CORRIDOR
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 $134,508 to conduct a design charrette, develop marketing material, and provide a summary and strategy of next steps for the Lerdo Highway corridor; and authorize the City Manager to execute said agreement.
BACKGROUND
The City Council has shown interest in exploring how to develop the Lerdo Highway corridor from State Route 99 to the City’s historic core. Additionally, City representatives will be attending the Western ICSC conference in late September and there is a desire to have materials on hand to communicate the overall vision, investment opportunities, and the short-and long-term plan for the corridor to stimulate interest from ICSC attendees and their representative partners.
ANALYSIS
In response to the Council’s interest, staff reached out to PlaceWorks, Inc. (PlaceWorks) to provide a proposal (see Exhibit 1) for a design charrette for the Lerdo Highway corridor that results in marketing materials for the ICSC conference and a report that summarizes and strategizes next steps for the corridor (Project). A design charrette is a meeting or group session where stakeholders and accredited professionals can gather to focus on a project such as developing the corridor.
The Project would not only generate ideas and marketing materials for the Western ICSC, but it would also engage and provide insight for the City, property owners, and the development community to create (as a subsequent step) customized zoning and planning (e.g., specific plan) that will lead to investment and improvements. Finally, the charrette would inform the City and three committees (GPAC, EJAC, and TAC)
AWARD A PROFESSIONAL SERVICES AGREEMENT TO PLACEWORKS, INC. FOR A NOT-TOEXCEED AMOUNT OF $134,508 TO CONDUCT A DESIGN CHARRETTE, DEVELOP MARKETING
MATERIAL, AND PROVIDE A SUMMARY AND STRATEGY OF NEXT STEPS FOR THE LERDO
HIGHWAY CORRIDOR
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established as part of the General Plan update, keeping in mind the need to maintain consistency with the recently adopted Housing Element and planned rezones.
FISCAL IMPACT
The total cost of $134,508 for the services will be funded by the General Fund. Staff recommends a budget amendment, as this expense was not anticipated in the City's fiscal budget for 2024/2025.
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.
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 reach out to potential stakeholders and finalize the date(s) and venue to hold the design charrette. After the charrette has been completed, PlaceWorks and staff will generate marketing materials for the ICSC conference and, likely after the conference, provide a report that summarizes and strategizes next steps for the Lerdo Highway corridor.
ATTACHMENTS
1. Exhibit 1 - PlaceWorks Proposal
2. Exhibit 2 - Professional Services Agreement
3. Exhibit C of Exhibit 1
July 13, 2024
Steve Esselman
Planning Director
City of Shafter
Planning Department
336 Pacific Avenue
Shafter, CA 93263
Subject: Lerdo Highway Design Charrette
Dear Mr. Esselman:
Below is a proposed scope of work to quickly conduct a design charrette for the Lerdo Highway planning area to generate ideas and collateral for the Westen ICSC taking place in Palm Springs and starting on September 23, 2024. The design charrette would also engage and provide insight for the City, property owners, and the development community to create (as a subsequent step) customized zoning and planning (e.g., specific plan) that will lead to investment and improvements. Finally, the charrette would inform the City and three committees (GPAC, EJAC, and TAC) established as part of the General Plan update, keeping in mind the need to maintain consistency with the recently adopted Housing Element and planned rezones.
As referenced above, the design charrette would serve as the foundation for future rezoning, generating analysis and content that can be used in a future specific plan or special planning tool. As a result, future planning efforts would not need as much time or budget to prepare analysis, conduct outreach, and design concepts to generate the desired implementation mechanism. In essence, this scope of work can be viewed as phase 1 of a larger effort for the Lerdo Highway planning area.
The effort will be managed by PlaceWorks, with Colin Drukker serving as Principal-in-Charge, Halley Grundy as Project Manager, Steve Gunnells as Chief Economist, and Scott Ashlock as the Design Lead. We will also be supported by Provost & Pritchard and Fehr & Peers.
Scope of Work
TASK 1. KICK-OFF AND DUE DILIGENCE
The PlaceWorks team will convene with City staff to discuss and reconfirm the project area, objectives, and requirements associated with the design charrette and subsequent implementation steps (including relationship to Housing Element rezoning and the General Plan). This task also includes time in advance and after the meeting to conduct more detailed parcel/site-specific due diligence.
Deliverables:
» Kick-off meeting (in person or virtual), including agenda and post-meeting summary » Site visit (option for City staff to accompany)
July 13, 2024 | Page 2
TASK 2. DESIGN CHARRETTE
PlaceWorks will lead a brief but focused design charrette to engage City staff, key stakeholders, and land owners and arrive at a shared vision for the Lerdo Highway area. The charrette will also explore and identify the type and intensity of land use opportunities within each portion of the corridor, the likely timing and market support for investment, the necessary infrastructure and transportation changes, the relationship to Housing Element rezonings, and the implications and guidance for the ongoing General Plan update.
PlaceWorks will identify the immediate areas needing change and the phasing strategy for such change to meet market demands and optimize value (while ensuring continued compliance with state housing law).
To expedite and enhance the process, PlaceWorks recommends conducting the process in person in a meeting space that provides room for attendees, a wide array of drawings and other materials, and breakout group activities to develop alternatives. PlaceWorks and its team members will leverage materials already gathered (or being gathered) for the General Plan update and prepare informational materials on baseline conditions and opportunities for use in the initial charrette stage, with additional material generated in the course of conducting the charrette.
A breakdown of a two-day charrette process is provided below, although we anticipate working with the City to refine the structure and timing based on the number and availability of participants. Additional time can be set aside for meetings in advance with City staff and/or time to meet with individuals separately. In general, the intent is for City staff, stakeholders, and landowners to be present at the same time. If schedules and other obligations pose challenges, we can identify alternative structures and timing.
This scope of work assumes that the City will identify and contact key stakeholders/land owners and arrange for an appropriate venue. After coordinating with the City, PlaceWorks will provide multiple options for its availability for the two-day charrette and assume the City will communicate with potential attendees on their schedule and availability.
Charrette Day 1 – Collecting and Sharing Intelligence
The first day is intended to give participants time to provide their knowledge, input, and desires. This may include development plans, boundary recommendations, and land use recommendations that will further the City’s and consultant team’s understanding of the collective vision for the corridor. Input will be collected through discussions, mapping, sketches, notes, and photographs. At the end of the first day, City staff and the consultant team will convene to discuss the information gathered and how to effectively implement the feedback into concepts during the next day. Key questions include:
• What are the big ideas for the planning area? What plans and ideas were folks bringing with them and how has that changed based on the first day? What is the relationship between the Lerdo Highway planning area, the community core, the balance of Shafter, and the Bakersfield metro area? • What is the desired timeline for investments, development, and implementation? How quickly do stakeholders, land owners, and the development community wish to see change? How does this align with market conditions and the City’s ability to support change (regulations and capital investments)? • What specific obstacles/opportunities require direct attention, and in what timeframe do they have an effect? Immediate (0-2 yrs), short-term (3-5 yrs), mid-term (6-10 yrs), or long-term (11+ years)?
July 13, 2024 | Page 3
• What is the expected market position(s) for future development? Both in terms of quality (industry standard, innovative, legacy), and cost (entry-level, mid-market, high-end). Obviously, given the planning area’s size, there may be multiple positions and land use mixes along/around the corridor. • Given this information, what are the preliminary ideas of how to best implement changes along Lerdo Highway? The answer will influence the design and intended outcomes of the next day(s).
Charrette Day 2 – Explore Design Alternatives
The second day will begin with a brief summary of the first day and a discussion of potential alternatives based on technical feasibility, stakeholder proposals, landowner interest, other factors, or a combination of these issues. If a preferred alternative emerges, PlaceWorks will focus design attention on developing this option. However, if multiple options remain feasible, our team will elaborate on up to two alternatives.
Regardless, the second day will generate key elements applicable to any alternative, such as:
• Land use concepts, including the location, distribution, mix, type, and intensity • Multimodal circulation network diagrams, including a hierarchy of streets, prototypical street sections, internal and external linkages, and other circulation network standards • Broad design structures, including the identification of placemaking villages or districts, nodes for local- and/or regional-serving retail, a range of residential neighborhoods, public facilities, and public spaces for gathering, programming, and recreation
• Landform and landscape elements, including entry points, vistas, areas for passive and active recreation, and utility spaces (ideally multipurpose overlapping with recreation) • Preliminary ideas on primary development regulations (height, density, buffers, etc.) Deliverable(s):
» Pre-planning charrette agenda/playbook
» Existing conditions maps and diagrams in booklet and poster formats » Drawings, maps, diagrams developed during the charrette » Two days of in-person charrette
TASK 3. MARKETING COLLATERAL
Using the information and material generated by the charrette, PlaceWorks will prepare maps, drawings, and other collateral for the City’s use at the Western ICSC event starting on September 23, 2024. The material will be designed to communicate the overall vision, investment opportunities, and short- and longterm plan for the Lerdo Highway area to stimulate interest from ICSC attendees and their respective partners. The material will be suitable for digital and/or print distribution, ranging in size from 8.5x11 letter to large poster to (if desired) walls-sized. This material will also be suitable for distribution to City decision makers and committees connected to the General Plan update.
Deliverables:
» Preliminary list of potential marketing collateral
» Meeting with City staff to identify desired collateral (based upon budget available) » Draft, revised, and final proof marketing collateral (digital versions, printing costs not included)
July 13, 2024 | Page 4
TASK 4. SUMMARY AND STRATEGY FOR NEXT STEPS
PlaceWorks will generate a concise report summarizing the charrette process and preliminary direction for implementation. PlaceWorks will also support City staff in presenting a summary of the process, implementation strategy, and ICSC material to the Planning Commission (9/10) and City Council (9/17), prior to the Western ICSC event. PlaceWorks will then augment and refine the report as appropriate to reflect input received at ICSC, primarily focused on the recommended steps for implementation (e.g., specific plan) and likely phasing for future investments and strategies (including whether rezoning should take place in advance or concurrently with the General Plan update).
Deliverables:
» Draft and revised draft summary report in advance of ICSC » Presentation material for and attendance at PC and CC meetings in advance of ICSC » Final draft summary report, revised based upon input received at ICSC TASK 5. PROJECT MANAGEMENT AND COORDINATION
This task involves day-to-day project management and coordination between PlaceWorks and its subconsultant team members as well as City staff.
Deliverable(s):
» Day-to-day project management and invoicing
» Meetings (virtual) with City staff (up to 4)
» Meetings amongst the PlaceWorks team (up to 6)
July 13, 2024 | Page 5
Proposed Cost and Schedule
This scope of work is intended to be completed to support the City’s attendance at the Western ICSC in September 2024, within some refinements made in the following month based upon input received at the ICSC event. The following cost estimate can be adjusted based upon further discussions with City staff and the City’s needs.
Table 1. PlaceWorks 2024 Standard Fee Schedule
Table 2. Cost Estimate
PHASE 1 TASKS PlaceWorks F&P P&P TOTAL
1. Kick-off and Due Diligence $11,680 $1,100 $1,100 $13,880
2. Design Charrette $44,960 $4,400 $4,400 $53,760
3. Marketing Collateral $22,155 $550 $550 23,255
4. Summary & Strategy for Next Steps $23,115 $550 $550 24,215
5. Project Management & Coordination $11,598 $1,100 $1,100 13,798 Labor $113,508 $7,700 $7,700 128,908
Reimbursable Expenses $5,000 $300 $300 $5,600
TOTAL $118,508 $8,000 $8,000 $134,508
July 13, 2024 | Page 6
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time 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. If you have any questions, please contact me immediately by phone at 714.966.9220, x2307 or by email at [email protected].
We look forward to continuing supporting Shafter to bring about positive changes and expedited interest along Lerdo Highway and elsewhere in the city.
Respectfully submitted,
PLACEWORKS
Colin Drukker
Principal
17236.00000\34523367.1
BB&K (2021) -1- PROFESSIONAL SERVICES AGREEMENT
CITY OF SHAFTER
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND 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, Inc., 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 Consultant.
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 Lerdo Highway Design Charrette ("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, services, 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 August 6, 2024 to August 6, 2025, 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 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
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not exceed One Hundred Thirty-Four Thousand Five Hundred and Eight Dollars ($134,508.00) 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 Payment of Compensation. 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. If 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 Expenses. 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 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment 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 "B" 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.
3.3.3 Conformance to Applicable Requirements. All work prepared by
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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. In 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, Inc.
3.3.5 City'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 Employees. 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 any of the Services or to work on the Project.
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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 “A” or “B” attached hereto, or which 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 or other acts 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 Regulations; Employee/Labor Certification.
3.3.10.1 Compliance 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 Services, including all Cal/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 Employment Eligibility; 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 Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
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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 Opportunity Employment. 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 Quality. To the extent applicable, Consultant must fully comply with all applicable 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 any fines 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 Quality Management and Compliance. 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 Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to 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 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In 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 Insurance.
3.3.11.1 Time for Compliance. 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. In 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 Types of Insurance 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. If 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 Insurance which affords coverage at least as broad as Insurance 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 Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance 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
Insurance, as required by the State of California and Employer's Liability Insurance 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.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement 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 Insurance 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 Insured: 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 Insured 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
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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) Professional Liability (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 except ten (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 Primary and Non-Contributing Insurance. 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 Subrogation. 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-Insured 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 Insurance. 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) prior to the expiration of any such policy, evidence of insurance showing that
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such insurance coverage has been renewed or extended shall be filed with the City. If 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 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement 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 Limiting. 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.
3.3.11.11 Additional Insurance 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 otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If 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. In 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 Insurance 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 Insurance 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 under this 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 Prevailing Wages. 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 8, 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. If 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. It 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 Registration/DIR Compliance. If 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 project 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 Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll
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records directly to the DIR. 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, indemnify 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 specifying 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. If 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. In 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 Indemnification.
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,
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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 Accounting 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 Independent Contractors and Subcontracting.
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 Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 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 personnel who 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 Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. 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. In 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 Delivery of Notices. All notices permitted or required under this 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, Inc.
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 Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, 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 otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this 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. In 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. In 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 notify 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 under this 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 Right 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 project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the
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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT
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 Indemnification. 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 Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information 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 notify Consultant of its intention to release Proprietary Information.
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 Information. 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 Information. City shall not release the Proprietary Information 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 Agreement. 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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BB&K (2021) -14- PROFESSIONAL SERVICES AGREEMENT
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract 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. If 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.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this 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 by this 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; Captions. Since the Parties or their 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 not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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,
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BB&K (2021) -15- PROFESSIONAL SERVICES AGREEMENT
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. 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 Interest 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 Authority to Enter Agreement. 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. [SIGNATURES ON NEXT PAGE]
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BB&K (2021) -16- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SHAFTER AND
PLACEWORKS, INC.
IN 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.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its: President
Printed Name: Randal W. Jackson
By:
Its: Secretary
Printed Name: Keith McCann
Approved By:
Gabriel A. Gonzalez
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
17236.00000\34523367.1
BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"
SCOPE OF SERVICES
TASK 1. KICK-OFF AND DUE DILIGENCE
The PlaceWorks team will convene with City staff to discuss and reconfirm the project area, objectives, and requirements associated with the design charrette and subsequent implementation steps (including relationship to Housing Element rezoning and the General Plan).
This task also includes time in advance and after the meeting to conduct more detailed parcel/sitespecific due diligence.
Deliverables:
» Kick-off meeting (in person or virtual), including agenda and post-meeting summary » Site visit (option for City staff to accompany).
TASK 2. DESIGN CHARRETTE
PlaceWorks will lead a brief but focused design charrette to engage City staff, key stakeholders, and land owners and arrive at a shared vision for the Lerdo Highway area. The charrette will also explore and identify the type and intensity of land use opportunities within each portion of the corridor, the likely timing and market support for investment, the necessary infrastructure and transportation changes, the relationship to Housing Element rezonings, and the implications and guidance for the ongoing General Plan update. PlaceWorks will identify the immediate areas needing change and the phasing strategy for such change to meet market demands and optimize value (while ensuring continued compliance with state housing law).
To expedite and enhance the process, PlaceWorks recommends conducting the process in person in a meeting space that provides room for attendees, a wide array of drawings and other materials, and breakout group activities to develop alternatives. PlaceWorks and its team members will leverage materials already gathered (or being gathered) for the General Plan update and prepare informational materials on baseline conditions and opportunities for use in the initial charrette stage, with additional material generated in the course of conducting the charrette.
A breakdown of a two-day charrette process is provided below, although we anticipate working with the City to refine the structure and timing based on the number and availability of participants.
Additional time can be set aside for meetings in advance with City staff and/or time to meet with individuals separately. In general, the intent is for City staff, stakeholders, and landowners to be present at the same time. If schedules and other obligations pose challenges, we can identify alternative structures and timing.
This scope of work assumes that the City will identify and contact key stakeholders/land owners and arrange for an appropriate venue. After coordinating with the City, PlaceWorks will provide multiple options for its availability for the two-day charrette and assume the City will communicate with potential attendees on their schedule and availability.
Charrette Day 1 – Collecting and Sharing Intelligence
The first day is intended to give participants time to provide their knowledge, input, and desires.
This may include development plans, boundary recommendations, and land use
17236.00000\34523367.1
BB&K (2021) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT recommendations that will further the City’s and consultant team’s understanding of the collective vision for the corridor. Input will be collected through discussions, mapping, sketches, notes, and photographs. At the end of the first day, City staff and the consultant team will convene to discuss the information gathered and how to effectively implement the feedback into concepts during the next day. Key questions include:
• What are the big ideas for the planning area? What plans and ideas were folks bringing with them and how has that changed based on the first day? What is the relationship between the Lerdo Highway planning area, the community core, the balance of Shafter, and the Bakersfield metro area?
• What is the desired timeline for investments, development, and implementation? How quickly do stakeholders, land owners, and the development community wish to see change? How does this align with market conditions and the City’s ability to support change (regulations and capital investments)?
• What specific obstacles/opportunities require direct attention, and in what timeframe do they have an effect? Immediate (0-2 yrs), short-term (3-5 yrs), mid-term (6-10 yrs), or long-term (11+ years)?
• What is the expected market position(s) for future development? Both in terms of quality (industry standard, innovative, legacy), and cost (entry-level, mid-market, high-end).
Obviously, given the planning area’s size, there may be multiple positions and land use mixes along/around the corridor.
• Given this information, what are the preliminary ideas of how to best implement changes along Lerdo Highway? The answer will influence the design and intended outcomes of the next day(s).
Charrette Day 2 – Explore Design Alternatives
The second day will begin with a brief summary of the first day and a discussion of potential alternatives based on technical feasibility, stakeholder proposals, landowner interest, other factors, or a combination of these issues. If a preferred alternative emerges, PlaceWorks will focus design attention on developing this option. However, if multiple options remain feasible, our team will elaborate on up to two alternatives. Regardless, the second day will generate key elements applicable to any alternative, such as:
• Land use concepts, including the location, distribution, mix, type, and intensity • Multimodal circulation network diagrams, including a hierarchy of streets, prototypical street sections, internal and external linkages, and other circulation network standards • Broad design structures, including the identification of placemaking villages or districts, nodes for local- and/or regional-serving retail, a range of residential neighborhoods, public facilities, and public spaces for gathering, programming, and recreation • Landform and landscape elements, including entry points, vistas, areas for passive and active recreation, and utility spaces (ideally multipurpose overlapping with recreation) • Preliminary ideas on primary development regulations (height, density, buffers, etc.)
17236.00000\34523367.1
BB&K (2021) Exhibit “A”-3 PROFESSIONAL SERVICES AGREEMENT Deliverable(s):
» Pre-planning charrette agenda/playbook
» Existing conditions maps and diagrams in booklet and poster formats » Drawings, maps, diagrams developed during the charrette » Two days of in-person charrette
TASK 3. MARKETING COLLATERAL
Using the information and material generated by the charrette, PlaceWorks will prepare maps, drawings, and other collateral for the City’s use at the Western ICSC event starting on September 23, 2024. The material will be designed to communicate the overall vision, investment opportunities, and short- and long-term plan for the Lerdo Highway area to stimulate interest from ICSC attendees and their respective partners. The material will be suitable for digital and/or print distribution, ranging in size from 8.5x11 letter to large poster to (if desired) walls-sized. This material will also be suitable for distribution to City decision makers and committees connected to the General Plan update.
Deliverables:
» Preliminary list of potential marketing collateral
» Meeting with City staff to identify desired collateral (based upon budget available) » Draft, revised, and final proof marketing collateral (digital versions, printing costs not included) TASK 4. SUMMARY AND STRATEGY FOR NEXT STEPS
PlaceWorks will generate a concise report summarizing the charrette process and preliminary direction for implementation. PlaceWorks will also support City staff in presenting a summary of the process, implementation strategy, and ICSC material to the Planning Commission (9/10) and City Council (9/17), prior to the Western ICSC event. PlaceWorks will then augment and refine the report as appropriate to reflect input received at ICSC, primarily focused on the recommended steps for implementation (e.g., specific plan) and likely phasing for future investments and strategies (including whether rezoning should take place in advance or concurrently with the General Plan update).
Deliverables:
» Draft and revised draft summary report in advance of ICSC » Presentation material for and attendance at PC and CC meetings in advance of ICSC » Final draft summary report, revised based upon input received at ICSC TASK 5. PROJECT MANAGEMENT AND COORDINATION
This task involves day-to-day project management and coordination between PlaceWorks and its subconsultant team members as well as City staff.
17236.00000\34523367.1
BB&K (2021) Exhibit “A”-4 PROFESSIONAL SERVICES AGREEMENT Deliverable(s):
» Day-to-day project management and invoicing
» Meetings (virtual) with City staff (up to 4)
» Meetings amongst the PlaceWorks team (up to 6)
17236.00000\34523367.1
BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"
SCHEDULE OF SERVICES
Tasks 1 through 3 as described in Exhibit “A” will be performed prior to September 23, 2024.
Task 4 as described in Exhibit “A” will be performed after September 23, 2024, but before August 6, 2025.
Task 5 as described in Exhibit “A” will be performed between August 6, 2024, and August 6, 2025.
17236.00000\34523367.1
BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"
COMPENSATION
Compensation on the following page.
Compensation
Table 1. PlaceWorks 2024 Standard Fee Schedule
Table 2. Cost Estimate
PHASE 1 TASKS PlaceWorks F&P P&P TOTAL
1. Kick-off and Due Diligence $11,680 $1,100 $1,100 $13,880
2. Design Charrette $44,960 $4,400 $4,400 $53,760
3. Marketing Collateral $22,155 $550 $550 23,255
4. Summary & Strategy for Next Steps $23,115 $550 $550 24,215
5. Project Management & Coordination $11,598 $1,100 $1,100 13,798 Labor $113,508 $7,700 $7,700 128,908
Reimbursable Expenses $5,000 $300 $300 $5,600
TOTAL $118,508 $8,000 $8,000 $134,508
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Community Services Director
SUBJECT: DISCUSS DESIGN FOR SHAFTER LIBRARY & LEARNING
CENTER CHESS GARDEN PROJECT
RECOMMENDATION
Council find that the item does not trigger CEQA review; review design presented by Tim Smith of Wynn-Smith Architects; and provide design feedback to staff.
BACKGROUND
At the regular City Council meeting on February 20, 2024, the City Council approved the Community Development Activity Agreement with Kern County to secure Community Development Block Grant funds for the construction of the Shafter Library & Learning Center Chess Garden Project. At the regular City Council meeting on April 16, 2024, Council approved a professional services agreement with Wynn-Smith Landscape Architecture, Inc. To design and prepare construction drawings for the Chess Garden Project at the Shafter Library & Learning Center.
ANALYSIS
Staff believes the presented design meets the functional and aesthetic goals of the project to create a space that is both fun and also a calmer space for reading, reflection, and play. This is an opportunity for Council to give feedback and direction.
FISCAL IMPACT
No budget action is required. The item is presented for discussion purposes only.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger a CEQA review.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
There are no alternatives to the recommended action. The item is presented for discussion purposes only.
NEXT STEPS
DISCUSS DESIGN FOR SHAFTER LIBRARY & LEARNING CENTER CHESS GARDEN PROJECT - 2 -
Following tonight's meeting, the Council's feedback will be used to update the design and develop biddable construction plans. Authorization to bid will be brought before the Council for approval at a future meeting.
ATTACHMENTS
1. Shafter Learning Center Concept 2024.7.15 (1)
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design Inspiration Images 1
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 2
0 5’
N SCALE: 1” = 10’
10’ 20’ 30’
Conceptual Design 2
LEGEND:
Existing structure
Wood gate under wood trellis
Old bicycle used as planter
Artificial turf for seating
Seating area
New D.G. access to equipment space
New block wall with mural to screen mechanical
equipment
Mirror ball
D.G. pathway
New 20’ x 20’ cantilever umbrella
Chess table
Decorative planter pot
New tree for privacy
Bench seating
Storage shelving for chess pieces
Colorful freestanding door
8’ x 8’ concrete surface painted for chess
Private table with chairs
Illusion mirror
New 4’ ht. privacy wall
Private reading chair with table
Mirror wall
New wood fence
Existing tree
Expanded planting area
Wicker hanging chairs
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19 11
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20 21
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24 25
26 12
18 15
16 2
9 2
3 25
3 23
3 14
11 11
15 26
7 14
10 14
18 19
16 8
21 24
24 21
17 21
20 8
9 22
1 12
5 13
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4 8
5 3
6 1
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 3
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 4
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 5
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 6
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 7
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 8
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 9
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 10
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 11
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 12
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 13
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 14
PROJECT
SHAFTER LIBRARY
236 JAMES STREET, SHAFTER, CA 93263
SUBJECT
JULY 12, 2024
CATEGORY
Conceptual Design 3D Renderings 15
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 6, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT TO COMPLETE
DESIGN, UTILITY RELOCATIONS, AND RIGHT-OF-WAY
ACQUISITION FOR A ROUNDABOUT INTERSECTION AT
SEVENTH STANDARD ROAD AND STATE ROUTE 43
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve a cooperative agreement with the County of Kern and City of Bakersfield for funding and completing the design, utility relocation, and right-of-way acquisition for a roundabout project at State Route 43 and Seventh Standard Road subject to review and approval by the City Attorney; and authorize the City Manager or Public Works Director to execute said agreement on behalf of the City.
BACKGROUND
Several traffic circulation projects are being planned to enhance traffic safety and support growth for Shafter. One such project is the Seventh Standard Road widening from Galpin Street to State Route 43. The City agreed to serve as the lead agency for environmental clearances and preliminary engineering for this project, which should be completed within the next two years.
More recently, Caltrans has developed a conceptual layout and completed the environmental work for a roundabout at the intersection of State Route 43 and Seventh Standard Road. Their work was completed to complement the Seventh Standard Road widening project. Caltrans does not have the resources or funding to complete the final design or secure the right-of-way needed. Therefore, staff from the County of Kern and the cities of Shafter and Bakersfield have been meeting for the past few months to develop a Cooperative Agreement to fund this work and expedite the project so it is in a position for construction grant funding.
The proposed Cooperative Agreement provides for each entity to participate equally in financing the pre-construction work, currently valued at $4.5 million, meaning each project sponsor would be responsible for funding $1.5 million. Pursuant to the Cooperative Agreement, the County will act as the implementing agency for right-ofway acquisition and utility relocation, whereas Shafter will act as the implementing agency for design. Bakersfield's role would strictly be funding its share of each of these phases.
APPROVAL OF COOPERATIVE AGREEMENT TO COMPLETE DESIGN, UTILITY RELOCATIONS,
AND RIGHT-OF-WAY ACQUISITION FOR A ROUNDABOUT INTERSECTION AT SEVENTH STANDARD ROAD AND STATE ROUTE 43
- 2 -
In addition to the public agencies listed in the Cooperative Agreement, Wonderful Real Estate ("Wonderful") has been active in the roundabout project discussions. Wonderful has offered to advance the funds for Shafter's share of the project costs in exchange for traffic impact fee credits for future development at the Wonderful Industrial Park, in an amount equal to its contribution to the project. An agreement between Shafter and Wonderful to finalize this arrangement still needs to be developed and brought before the Council for consideration.
In anticipation of the Cooperative Agreement being brought before the Council, Public Works released a Request for Proposals to procure consulting services for the design work. RFP results and a recommendation for a professional services agreement award will likely be brought before the Council for consideration next month.
ANALYSIS
The Cooperative Agreement attached to this staff report has been reviewed and approved by City staff, including the City Attorney. Staff for the other public agencies involved, the City of Bakersfield and the County of Kern, plan to have their respective governing boards consider approval of the Cooperative Agreement before the end of August.
The assignment of implementing agency roles for the design, utility relocation and rightof-way phases is based on which agency is in the best position to ensure the work is completed. The County has specific staff assigned for right-of-way acquisitions and utility relocation work. Shafter staff are already managing engineering work underway for the Seventh Standard Road widening. While managing the roundabout design would impact the workload for Public Works, having Wonderful advance the funds for the City's share of the cost would ease the project's financial impact on road project funding sources.
The need to expedite the roundabout project is based not only on current traffic conditions but also on a recent development that between $5 and $15 million in construction funding through federal earmarks could soon be authorized. The Cooperative Agreement to ensure the design, utility relocation and right-of-way phases are completed puts the project in the best position for construction funding.
FISCAL IMPACT
The roundabout project at State Route 43 and Seventh Standard Road is not currently listed in the Capital Improvement Program (CIP). Once the aforementioned design services RFP is completed and subject to approval and execution of this Cooperative Agreement with the County of Kern and the City of Bakersfield, Public Works will present a budget amendment request to ensure the project is added to the CIP at a future meeting. No budget action is required at this time.
CEQA ANALYSIS
APPROVAL OF COOPERATIVE AGREEMENT TO COMPLETE DESIGN, UTILITY RELOCATIONS,
AND RIGHT-OF-WAY ACQUISITION FOR A ROUNDABOUT INTERSECTION AT SEVENTH STANDARD ROAD AND STATE ROUTE 43
- 3 -
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a cooperative agreement for a project that has already been environmentally cleared and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
The Council can reject approval of the Cooperative Agreement if the City's cost for participation or overall role in the project is questionable or undesirable. However, the work and funding plan outlined in the Cooperative Agreement helps expedite a project critical to traffic movement and safety for Shafter residents and businesses. Therefore, alternative action is not recommended.
NEXT STEPS
If approved by the Council, the Cooperative Agreement will be executed. The design work to be led by the City will commence after the Council approves an award of a professional services agreement to a consulting engineering firm at a future meeting.
ATTACHMENTS
1. Current Version of Cooperative Agreement
2. Roundabout Project Report Approved by Caltrans-May 2024
COOPERATIVE AGREEMENT
This AGREEMENT, eƯective on ______________________________, is between the County of Kern, a political subdivision of the State of California, referred to as COUNTY, and:
City of Shafter, a political subdivision of the State of California, referred to hereinafter as SHAFTER, and;
City of Bakersfield, a political subdivision of the State of California, referred to hereinafter as BAKERSFIELD.
Project History
Seventh Standard Road is an Arterial Roadway that carries significant trucking and passenger traƯic between Interstate 5 and State Route 99 in the Bakersfield/Shafter part of California. To better serve Shafter, Bakersfield and Kern County, the three agencies conclude there is mutual benefit to upgrade the intersection of Seventh Standard Road and State Route 43. The subject intersection currently operates as a four-way stop. This form of traƯic control contributes to traƯic delays and experiences higher than normal roadway deterioration due to heavy truck starting and stopping motions. A roundabout is the preferred method for the eƯicient movement of vehicles.
The cost to construct the roundabout is only one of three major costs to complete the project. Other necessary tasks include utility relocation and right-of-way acquisition. Due to the high cost, the three parties to this agreement seek to share the costs associated with utility relocation and right-of-way acquisition outside of competitive federal funding. If and when these two components are completed, the County will apply for federal funding to complete the construction of the intersection at Seventh Standard and State Route 43.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code sections 114 and 130.
2. For the purpose of this AGREEMENT, improvements to Seventh Standard Road and State Route 43 will be referred to hereinafter as PROJECT. The PROJECT scope of work includes design, utility relocation and right-of-way acquisition.
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
a. PROJECT DESIGN
b. PROJECT UTILITY RELOCATION
c. PROJECT RIGHT-OF-WAY ACQUISITION
4. The term AGREEMENT, as herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provision will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in eƯect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
a. CALTRANS has prepared a negative declaration to satisfy environmental clearance for the subject PROJECT.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Implementing Agency
8. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
a. COUNTY shall act as IMPLEMENTING AGENCY for the PROJECT as a whole.
This work consists of delivery of final Plans, Specifications and Cost Estimate, Utility Relocation and Right of Way acquisitions. b. SHAFTER shall act as the IMPLEMENTING AGENCY for the design of the PROJECT. SHAFTER shall complete design by either City personnel or through a design consultant.
9. Any PARTY responsible for completing WORK will make its personnel and consultants who prepare WORK available to help resolve Work-related challenges and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
10. All PARTIES will contribute an equal amount toward the Design, Utility Relocation and Right-of-Way acquisition. Each PARTY shall be responsible for the costs they incur in performing the WORK, except costs incurred by an IMPLEMENTING AGENCY in completing the WORK for which it is responsible under this AGREEMENT.
11.COUNTY will contribute up to $1.5 million toward the eƯorts to complete the WORK.
12. SHAFTER will contribute up to $1.5 million toward the eƯorts to complete the WORK.
13. BAKERSFIELD will contribute up to $1.5 million toward the eƯorts to complete the WORK.
14. The cost breakdown for the $4.5 million dollars listed in items 10-13 is as follows:
a. Project Design - $500,000
b. Right of Way Acquisitions – $2,000,000
c. Utility Relocations - $2,000,000
Cost Overruns
15. IMPLEMENTING AGENCIES shall track their spending throughout the AGREEMENT term. If at any point any IMPLEMENTING AGENCY believes its cost within Project Design, Right of Way Acquisitions, or Utility Relocations will exceed the agreed amount, a meeting shall be called to discuss the future of the AGREEMENT. PARTIES must mutually agree to amend the AGREEMENT and increase funding, subject to availability of additional funds. WORK may be suspended by an IMPLEMENTING AGENCY if insuƯicient funds are available to complete the WORK until such time as funding becomes available.
Execution of Work
16. SHAFTER will produce Plans, Specifications and Estimate for all construction work necessary to build the PROJECT. Prior to the design of the PROJECT, SHAFTER, BAKERSFIELD and COUNTY will meet and mutually agree on method of delivery, including cost.
17.COUNTY will coordinate the relocation of all utilities necessary for the completion of the PROJECT.
18.COUNTY will acquire the property necessary for the completion of the PROJECT. a. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency. b. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings, or the functional equivalent of the same, to be conducted by or on behalf of COUNTY as may be required in accordance with CALTRANS policy and guidance.
19. SHAFTER will submit plans and specifications to the California Department of Transportation for review and approval. CALTRANS has ultimate authority over the approval of plans and specifications prior to construction. Future agreement(s) between PARTIES and CALTRANS concerning construction of the PROJECT are outside this AGREEMENT.
Reimbursement
20. IMPLEMENTING AGENCIES will track their expenses throughout the PROJECT. At the beginning of each quarter each IMPLEMENTING AGENCY will invoice 1/3 of their expenses for the quarter to the other PARTIES to this AGREEMENT. Invoice dates will
occur on January 1, April 1, July 1, and October 1 of each year. Undisputed invoices shall be paid within thirty (30) days of receipt. If a PARTY disputes an invoice, the disputing PARTY shall, within fifteen (15) days of receipt of the invoice, notify the invoicing PARTY, in writing, of the basis for dispute.
Schedule
21. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
22. It is understood by PARTIES that Utility relocations and Right-of-way costs are unknown. PARTIES will meet and discuss prior to any contract for utility relocation or right-of-way acquisition. Parties must mutually agree to spend funds for commitments exceeding $100,000. There is no guarantee that the WORK within this AGREEMENT can be completed for $4.5 million or less. If the costs for the WORK appear to be in excess of the agreed amount, all PARTIES must mutually agree to amend this agreement.
23. PARTIES will meet no less frequently than every 60 days. PARTIES may meet more frequently if necessary.
Additional Provisions
Standards
24. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
a. CALTRANS policies and directives
b. Highway Design Manual
c. CALTRANS Standard Specifications and Plans
d. Right of Way Manual
Qualifications
25. Each PARTY will ensure that personnel and consultants participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
26. SHAFTER, BAKERSFIELD and COUNTY will participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
27. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Disclosures
28. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provision of California Government Code section 7927.300 will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the Work without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
29. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public documents. PARTIES will consult with each other prior to the release of any public documents related to the WORK.
Claims
30. PARTIES will confer on any claim that may aƯect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
Interruption of Work
31. If WORK stops for any reason, each PARTY will continue to implement the obligations of this AGREEMENT, including the commitments and conditions included in the environmental documentation, permits, agreements, or approvals that are in eƯect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
GENERAL CONDITIONS
Venue
32. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of Kern County.
Indemnification
33. No PARTY nor any of their respective oƯicers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by any other PARTY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred under this agreement.
It is understood and agreed that each PARTY, to the extent permitted by law, will defend, indemnify, and save harmless the other PARTIES and all of their oƯicers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by the indemnifying PARTY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
DEFINITIONS
PARTY – Any individual signatory party to this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this AGREEMENT.
SIGNATURES
PARTIES are empowered by California Streets and Highways Code to enter into this AGREEMENT ad have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.
Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached.
COUNTY OF KERN
David Couch
Chair, Board of Supervisors
ATTEST:
Joshua Champlin
Director of Public Works
APPROVED AS TO FORM AND
PROCEDURES:
Brian Vany Wyk
County Counsel
CITY OF SHAFTER
Chad Givens, Mayor
ATTEST:
Michael James
Director of Public Works
APPROVED AS TO FORM AND
PROCEDURES:
XXX
Counsel
CITY OF BAKERSFIELD
Karen Goh
Mayor
ATTEST:
Gregg Strakaluse
Director of Public Works
APPROVED AS TO FORM AND
PROCEDURE:
Josh Rudnick
Counsel
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Vicinity Map
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This project report has been prepared under the direction of the following registered civil engineer.
The registered civil engineer attests to the technical information contained herein and the engineering data upon which recommendations, conclusions, and decisions are based. 05-14-2024
REGISTERED CIVIL ENGINEER DATE
06/30/26
C66244
MADJID
SADATMANSOORI
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1. Table of Contents
1. INTRODUCTION, WORK DESCRIPTION AND SUMMARY TABLE 4
2. RECOMMENDATION 5
3. BACKGROUND 5
4. PUPOSE AND NEED 5
5. REGIONAL PLANNING 6
6. ASSET MANAGEMENT 7
7. CORRIDOR AND SYSTEM COORDINATION 7
8. EXISTING FACILITY CONDITION 8
9. ALTERNATIVES 9
10. COMPLETE STREETS 10
11. CLIMATE CHANGE CONSIDERATION 10
12. ENVIRONMENTAL COMPLIANCE 11
13. GREENHOUSE GAS (GHG) 11
14. RIGHT-OF-WAY 11
15. STORMWATER 12
16. TRANSPORTATION MANAGEMENT PLAN 12
17. BROADBAND AND ADVANCE TECHNOLOGIES 12
18. ADDITIONAL CONSIDERATIONS 12
ACCOMMODATION OF OVERSIZED LOADS 12
CONSTRUCTABILITY ISSUES 12
FLOOD PLAIN ISSUES 12
CONSTRUCTION STAGING 12
MAINTENANCE AND COOPERATIVE AGREEMENTS 12
MATERIAL AND?OR DISPOSAL SITE 13
RECYCLED MATERIAL 13
SALVAGING AND RECYCLING OF HARDWARE AND OTHER NON-RENEWABLE RESOURCES TITLE VI CONSIDERRATIONS 13
19. ESTIMATE, FUNDING, AND PROGRAMMING 13
20. RISK SUMMARY 16
21. DELIVERY SCHEDULE 16
22. EXTERNAL AGENCY COORDINATION 16
23. PROJECT REVIEWS 17
24. PROJECT PERSONNEL 17
25. ATTACHMENTS 18
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1. INTRODUCTION, WORK DESCRIPTION AND SUMMARY TABLE
The project is located on State Route (SR) 43 at the intersection of 7th Standard Road, in Kern County, at PM 12.07/12.36. The scope of work consists of construction of single-lane roundabout which could be upgraded to a double-lane roundabout, at this intersection. This project will continue to be developed using Congestion Mitigation and Air Quality (CMAQ) funding and other Local Funds and be delivered in 2027/28 fiscal year. The programming performance measure is Daily Vehicle Hour(s) of Delay (DVHD), over the twenty years life of the project.
Project Limits 06-Ker-43
PM 12.07/12.36
Number of Alternatives 2 (Including No Build Alternative) Programmable Project
Alternative Single-Lane Roundabout (upgradable to Double-lane) Funding Source CMAQ Grant and Local Funds
Funding Year 2027/28
Type of Facility 2-lane conventional highway
Number of Structures N/A
Project Output Performance Measure: Daily vehicle hour(s) of delay (DVHD) by 272.2
Anticipated
Environmental
Determination or
Document
CEQA – Initial Study/Mitigated Negative Declaration
NEPA – Categorical Exclusion
Legal Description In Kern County, near Shafter, from 0.2 miles south of 7th Standard Road to 0.2 miles north of 7th Standard Road
Project Development
Category Category 4B
PIR Level 1
Capital Outlay Project Cost
Current Cost1
Estimate including
Risk:($1000)
Escalated Cost2
Estimate:($1000)
Support
PA&ED 1,300 1,300
PS&E 2,000 2,000
R/W (Right-of-Way) 1,000 1,000
CONS (Construction) 1,300 1,300
Capital
R/W 2,950 3,500
CONS 5,035 6,330
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2. RECOMMENDATION
It is recommended that this project report be approved, and the project programmed using the estimate and schedule for the Programmable Project Alternative.
3. BACKGROUND
SR 43 is 2-lane rural conventional highway on level terrain, which extends 98 miles from SR 119 west of Bakersfield, in Kern County, to SR 99 in Selma. The route is a vital trade corridor that serves disadvantaged communities. It also serves intermodal services such as truck to rail modes and as an alternate north-south route for I-5 as well as SR 99. Within the project segment SR 43 is a 2-lane conventional highway in the City of Shafter suburbs with a posted speed of 55 mph. There are no projects planned in this location. The projected (2027) ADT is 7,300 and the total heavy vehicle percentage within the project limit is approximately 24%. The City of Shafter and Kern County have been consulted and fully support this project.
In this segment, SR 43 has an intersection with 7th Standard Road. The intersection has been experiencing delay and performance issues due to increased traffic volumes. SR 43 has 12 feet lanes and 8 feet shoulders which is classified as Principal Arterial with Terminal Access (STAA) truck designation which allows specified larger trucks under the Federal Surface Transportation Assistance Act of 1982 (STAA). Shafter is an agricultural-based community which is becoming more industrial due to proximity to large industrial complexes and freight services.
The Transportation Concept Report (TCR) has listed the Concept Facility as 4-lane conventional highway in 2035 in this area. Bicycles are allowed along SR 43. Per the 2018 Kern County Active Transportation Plan, Class II bicycle lanes between Shafter and Bakersfield are planned, for the future. The future High-Speed Rail alignment is expected to follow the current existing BNSF rail crossing at Beech Avenue.
4. PURPOSE AND NEED
Purpose:
The purpose of this project is to improve the operational performance at the existing allway stop- controlled intersection of SR 43 and 7th Standard Road due to recurrent traffic congestions.
Need:
A roundabout project is needed to provide better operational performance and lowering overall delays, at this intersection.
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5. PROBLEMS AND DEFICIENCIES
This alternative would construct an opening day single lane roundabout on a multilane footprint at the intersection of SR 43 and 7th Standard Road with the following lane configuration:
• One circulating lane on all other directions.
• Northbound and southbound approaches: 1 left/through/right • Eastbound and westbound approaches: 1 left/through/right It is anticipated sometime after the tenth year in service, the roundabout would require restriping to a multilane configuration to maintain a satisfactory operational performance. The following lane configuration will be needed:
• Two circulating lanes on all other directions.
• Northbound and southbound approaches: 1 left/through and 1 through/right • Eastbound and westbound approaches: 1 left/through and 1 through/right The Level of Service (LOS) and delays anticipated for each intersection control alternative, including All-Way Stop Control (AWSC), are summarized below for both the morning and evening peak hour conditions:
Year Intersection Control LOS Delay (sec)
AM PM AM PM
2025
AWSC C E 22.3 41.9
Signal C C 24.7 25.5
Roundabout A A 7.6 9.5
2035
AWSC F F 55.7 101.3
Signal C C 26.8 28.6
Roundabout A C 9.7 16.1
2045
AWSC F F 122.2 209.1
Signal C C 27.4 32.5
Multilane Roundabout A A 7.2 7.7
As shown in the above table, a roundabout would provide satisfactory level of service for the current year and in 20-years. The level of service in 20-years is projected to be A, for the intersection.
6. REGIONAL PLANNING
The project has been discussed in detail with the City of Shafter, High Speed Rail (HSR) and Kern County. It was agreed that construction of a modern roundabout, to realign the
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intersection, is necessary.
7. ASSET MANAGEMENT
The Performance Measure is reduced Daily Vehicle Hour(s) of Delay (DVHD) by construction of a single-lane roundabout, upgradable to double-lane, to ease traffic congestion and to introduce traffic calming circulation pattern in the intersection.
The project achieves these objectives as follows:
• Construct a single-lane roundabout along with 1.0 lane-miles of reconstructed realigned HMA pavements.
• Construct 8 curb ramps, 8 bike ramps, 4 crosswalks with 4 refuge passages, 0.4 miles of concrete sidewalks and other pedestrian crossing safety systems. • Construct drainage inlets, drainage pipes, 0.3 miles of fence and relocate utilities where required.
• Construct traffic count loop and piezo detectors along with a modified non-powered TDC installed, on all 4 legs. The conduits for future Rectangular Rapid Flashing Beacons (RRFB) would be installed, for all directions.
• Install roundabout lighting and pedestrian systems improvements in the intersection. • The single-lane roundabout would also accommodate STAA and oversized trucks with 480 SQYD of concrete truck aprons and 2200 SQYD of splitter islands and central island rock blankets.
8. CORRIDOR AND SYSTEM COORDINATION
SR 43 is an STAA terminal access route and serves a substantial percentage of truck traffic, in the area. The SR 43 Transportation Concept Report (TCR) was completed in 2015 and it recommends widening and intersection improvements within this project's segment. The study also identifies future widening of SR 43 from 2 to 4 lanes as planned strategy for this segment.
The freight transport companies operating in Shafter are Atlas Crane & Rigging Inc., Cummings Transportation, Doby Hagar Trucking Inc., GF Trucking, Lone Star Trucking LLC, RTS, and Weststar. According to TCR, the Level of Service (LOS), in this segment, would deteriorate to LOS E without improvements.
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9. EXISTING FACILITY CONDITION
Existing Conditions
State Route 43, at this location is a two-lane conventional highway and is oriented in a north/south direction. The northbound approach to the intersection has an existing through-left lane and a flared outside shoulder for right turn movements. The southbound approach to the intersection has an existing through-left lane and a short right-turn lane of approximate 25 ft for right turn movements. There are 12-foot lanes, 4-foot paved shoulders, and R1-1 STOP signs controlling the northbound and southbound traffic approaching the intersection. The posted speed limit along this segment of SR 43 is 55 mph. The 2020 ADT at this intersection is 5,500 and the total average heavy vehicle percentage is approximately 16%.
7th Standard Road, at this location, is a local designated Terminal access (TA) twolane road and is oriented in an east/west direction. The eastbound and westbound approaches to the intersection have an existing through-left lane and a short right-turn lane of approximate 25 ft for right turn movements. Lane widths appear to be standard, and shoulder widths vary in width. There are R1-1 STOP signs controlling the eastbound and westbound traffic approaching the intersection.
Collision History
The collision rates for the at-grade intersection of SR 43 and 7th Standard Road (PM 12.19) for the most recent 3-year study period (7/01/2018 to 6/30/2021) as shown on Traffic Accident Surveillance & Analysis System Table B (Table B), indicate that the Actual Fatal and Actual Fatal plus Injury collision rates are lower than the Statewide Average collision rates for similar intersections with comparable traffic volumes. However, the Actual Total collision rates are similar to the Statewide Average Total collision rates. The collision rates in number of collisions per million-vehicle-miles are:
Intersection - SR 43 @ 7th
Standard Road
Actual (MVM) Average (MVM)
Fatal F+I Total Fatal F+I Total
PM
12.19 0.000 0.06 0.24 0.004 0.10 0.24
A detailed analysis per the TASAS Selective Collision Retrieval (TSAR) generated on March 23, 2022, shows that there was a total of 4 collisions (0-Fatal, 1-Injury, 3- Property Damage Only (PDO)) reported on this intersection and the primary collision factors in the intersection were:
• 4 “Failure to Yield.”
The types of collisions included:
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• 1 “Head On,” and
• 3 “Broadside.”
The primary collision factor for the “Broadside” injury collision was a “Failure to Yield.” One of the collisions occurred when a vehicle traveling along the eastbound direction of 7th Standard Road failed to stop at the stop sign, continued through the intersection, and collided with a second vehicle travelling along the northbound direction of SR 43 already in the intersection. The collision occurred under clear weather, dark with no streetlight, and dry roadway conditions.
Intersection Control Evaluation (ICE)
The ICE was performed in compliant with the Traffic Operations Policy Directive (TOPD) #13-02 to identify an intersection concept solution. The evaluation results demonstrate that a roundabout alternative has an operational performance superior to that of a signal or all-way stop control alternative. A roundabout intersection alternative would provide the least amount of delay per vehicle and highest Benefit to Cost Ratio. It is recommended to proceed with a roundabout intersection control alternative to improve the operational performance at the existing all-way stop controlled intersection of State Route 43 and 7th Standard Road.
Roundabout
Planning level traffic analysis shows that a roundabout would meet the purpose and need of the project. It is expected to provide acceptable capacity for the forecasted volumes throughout the design year. The roundabout alternative is expected to provide better safety performance than traffic signals because it would create fewer overall traffic conflict points including no left-turn conflicts and would reduce crash severity for all users by allowing safer merges into circulating traffic. The roundabout design is considered the only viable alternative and should be considered for the existing intersection of State Route 43 and 7th Standard Road.
A Step Two Intersection Control Evaluation (ICE) was also prepared during the Project Approval (PA&ED) phase.
10. ALTERNATIVES
The following alternatives should be investigated:
Viable Alternative A1 – Construct Single-Lane Roundabout This alternative proposes to construct a four-legged single-lane roundabout, upgradable to double-lane, at the intersection of SR 43 and 7th Standard Road. The existing pavement within the intersection would be replaced with Hot Mix Asphalt (HMA Type A) pavement and a separate Jointed Plane Concrete Pavement (JPCP), for truck apron, at the center of roundabout would accommodate standard STAA trucks as well as oversized booster trucks.
The roundabout would also maintain existing traffic patterns, by realigning roadway connections using splitter islands. As part of the roundabout, roadway lighting, sidewalks, splitter islands, pedestrian passageways, curb ramps and bike ramps would be constructed.
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The central island and splitter islands would be covered with stamped concrete or rock blankets. The conduits for future Rectangular Rapid Flashing Beacons (RRFB) would be installed, along with upstream flashing beacons, for all approaches.
Alternative B – No Build Alternative
This alternative will not meet the purpose and need statement and would result additional collisions, traffic congestion and delays at this intersection.
Design Standards Risk Assessment Matrix
Alternative Standard (HDM
index, DIB,
TOPD, etc.)
Nonstandard
feature and its risk
of not being
approved (low,
medium, high)
Justification for the approval risk
rating and additional data/studies
needed for approval
1 None None
11. COMPLETE STREETS
Pedestrian facilities
As a part of this single-lane roundabout, pedestrian facilities such as, curb ramps, crosswalks with refuge passageways, sidewalks and other pedestrian crossing safety systems would be constructed.
Bicycle facilities
Currently, bicycles use the existing shoulders on SR 43. In this project, new striping for Class II bike lane along SR 43 would be provided within the project limits. In addition to striping, sidewalks, passageways, bike ramps would be constructed to accommodate the bicycles, within a shared-user path, around the perimeter of the roundabout.
Transit facilities
There is an existing operating Dial-in-Stop daily bus route within the project area with courtesy stops, within the project limits. The existing shoulders would be widened to accommodate bus stops, beyond sidewalks, on east and west side of the intersection, on SR
43. 12. CLIMATE CHANGE CONSIDERATION
The corridor within this project is not susceptible to climate change factors, such as increased flooding or sea level rise. Where possible, it is recommended that the materials and the construction procedure in this project be used to reduce Greenhouse Gas emissions.