Agenda packet — Shafter City Council, October 15, 2024 (part 2 of 2)

17236.00003\42435216.2
App. A-3- BBK – March 2022 September 2024

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Economic Development Director 2, 3, 5
Economic Development Coordinator 5
Education Partnership Director [Reclassifed to Community Services Director] 1 Engineer Associate [Reclassifed to Deputy Public Works Director – Capital Projects]
2, 3, 5, 6
Facilities Construction Specialist [Reclassifed to Facilities Manager] 5, 6 Facilities Manager 3, 5
GIS Coordinator [Reclassifed to Assistant Information Technology Manager – No longer meets the requirements to be designated]
5 GIS Specialist 5
Human Resources Analyst [Position no longer meets the requirements to be designated]
5 Human Resources Manager/Risk Manager 5
Information Technology Manager 5
Mechanic 5
Parks Foreman [Position Abolished – Department Reorganization] 2, 3, 5 Planning Director 1, 2
Police Captain 5, 6
Police Chief 5, 6
Police Lieutenant 5
Public Facilities Manager 5
Public Works Director 2, 3, 5
Public Works Manager [Reclassifed to Assistant Public Works Director] 2, 3, 5

Page 154 of 265 ends

17236.00003\42435216.2
App. A-4- BBK – March 2022 September 2024

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Senior Planner 1, 2
Utilities Manager [Reclassifed to Deputy Public Works Director – Operations and Maintenance]
5 Utility Technician 5

MEMBERS OF BOARDS,

COMMISSIONS AND COMMITTEES
City Charitable Purpose Foundation 1, 2
Civic Improvement Corporation 1, 2
Industrial Development Authority 1, 2
Successor Agency 1, 2
Consultants and New Positions2
2 Individuals providing services as a Consultant defined in Regulation 18700.3, or in a new position created since this Code was last approved that makes or participates in making decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitations:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)

Page 155 of 265 ends

17236.00003\42435216.2
App. B-1- BBK – March 2022 September 2024

LAW OFFICES OF

BEST BEST & KRIEGER LLP
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the Designated is assigned.3 ”Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, from business entities subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

Page 156 of 265 ends

RESOLUTION NO. 2991

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA,

APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Shafter (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which was amended on April 5, 2022, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on October 15, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.

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

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying;
Section 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.

PASSED AND ADOPTED THIS 15th DAY OF OCTOBER, 2024.
_______________________________
Chad Givens, Mayor

Page 157 of 265 ends

Shafter City Council Resolution No. 2991
October 15, 2024

Page 2 ends

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

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17236.00003\42435216.3
-1- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP

CONFLICT OF INTEREST CODE FOR THE

CITY OF SHAFTER
(Amended October 15, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Shafter (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically fie their annual statements of economic interest directly with the Fair Political Practices Commission. All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by all Officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)

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17236.00003\42435216.3
App. A-1- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SHAFTER
(Amended October 15, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.

Finance Director
Finance Manager
Investment Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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17236.00003\42435216.3
App. A-2- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Accounting Manager 4
Animal Control Manager 5
Assistant Chief of Police 5, 6
Assistant Public Works Director 2, 3, 5
Associate Planner 1, 2
Building Inspector (ALL) 2, 3, 5, 6
Building Inspector Supervisor 2, 3, 5, 6
Building Official, Chief 2, 3, 5, 6
City Attorney (not filing under GC 87200) 1, 2
City Clerk 5
City Engineer 2, 3, 5, 6
Community Engagement Manager 5
Community Services Director 5
Community Services Supervisor 5
Deputy City Manager 1, 2
Deputy Public Works Director – Capital Projects 2, 3, 5 Deputy Public Works Director – Operations and Maintenance 2, 3, 5 Economic Development Director 2, 3, 5

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17236.00003\42435216.3
App. A-3- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Economic Development Coordinator 5
Facilities Manager 3, 5
Human Resources Manager/Risk Manager 5
Information Technology Manager 5
Mechanic 5
Planning Director 1, 2
Police Captain 5, 6
Police Chief 5, 6
Police Lieutenant 5
Public Facilities Manager 5
Public Works Director 2, 3, 5
Senior Planner 1, 2
Utility Technician 5

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17236.00003\42435216.3
App. A-4- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP

MEMBERS OF BOARDS,

Page 163 of 265 ends

17236.00003\42435216.3
App. B-1- BBK – September 2024

LAW OFFICES OF

BEST BEST & KRIEGER
LLP
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the Designated is assigned.3 ”Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE SEPTEMBER 30, 2024

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt the City of Shafter Employee Bi-Weekly Pay Schedule effective September 30, 2024.

BACKGROUND
Personnel System Rule 3.3 grants the City Manager the authority to continually review the City’s classification plan for decision-making on compensation, selection, employee development, career advancement, and other personnel activities. With the authority granted in the Personnel System Rule, the following revisions have been made to the City of Shafter Employee Bi-Weekly Pay Schedule:

Position Range Bi-Weekly
Pay
Action
Accountant, Senior
(PT/EH)
Hourly $50.00 -
$85.00
Remove Temp Position
City Manager Contract $8,077 Update CM Contract Rate
City Manager, Deputy Contract $8,477 Remove Unbudgeted
Position
Community Service
Officer – TI
Hourly $27.85 Add New PT Temp
Position
Community Service
Officer – TII
Hourly $30.01 Add New PT Temp
Position
Police Chief, Assistant NR-S $6,038 -
$7,340
Remove Unbudgeted
Position
Police Officer Trainee
– TI
Hourly $25.50 Title Change: Cadet to
Trainee
Police Officer Trainee
– TII
Hourly $27.48 Title Change: Cadet to
Trainee

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APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE SEPTEMBER 30, 2024
- 2 -

ANALYSIS
Pursuant to California Code of Regulations (CCR) Section 570.5, CalPERS requires that a pay schedule be adopted by the City Council to formally authorize the employee pay rates and earnable reportable compensations. For City Council adoption, enclosed is the revised City of Shafter Employee Bi-Weekly Pay Schedule effective September 30, 2024.

FISCAL IMPACT
The revisions are within the approved Fiscal Year 2024/2025 Annual Operating Budget.

A budget amendment is not required.

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

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
None

NEXT STEPS
The adopted Employee Bi-Weekly Pay Schedule shall be submitted to CalPERS and made publicly available.

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective 2024 09 30

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TITLE SALARY GRID RANGE ABCDE
Accounting Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Accounting Technician I NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Accounting Technician II NR-NS 167 2,378 $ 2,497 $ 2,622 $ 2,753 $ 2,891 $ Accounting Technician III NR-NS 188 2,622 $ 2,753 $ 2,891 $ 3,035 $ 3,187 $ Administrative Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Administrative Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Administrative Assistant I NR-NS 147 2,169 $ 2,278 $ 2,392 $ 2,511 $ 2,637 $ Administrative Assistant II NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Administrative Assistant (PT/Extra Help) Tier I NR-NS Hourly 25.16 $ Administrative Assistant (PT/Extra Help) Tier II NR-NS Hourly 27.11 $ Animal Control Manager SPOA-NS 212 2,906 $ 3,052 $ 3,204 $ 3,364 $ 3,533 $ Animal Control Officer SPOA-NS 155 2,230 $ 2,342 $ 2,459 $ 2,582 $ 2,711 $ Animal Control Services Worker NR-NS 70 1,534 $ 1,611 $ 1,691 $ 1,776 $ 1,865 $ Budget Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Budget Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Building Inspector I NR-NS 232 3,223 $ 3,384 $ 3,553 $ 3,731 $ 3,917 $ Building Inspector II NR-NS 253 3,559 $ 3,737 $ 3,923 $ 4,119 $ 4,325 $ Building Inspector Supervisor NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Building Official, Chief DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ City Clerk NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ City Engineer NR-NS 365 6,091 $ 6,395 $ 6,715 $ 7,051 $ 7,403 $ City Manager Contract 8,077 $
Code Enforcement Officer I NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Code Enforcement Officer II NR-NS 202 2,799 $ 2,939 $ 3,086 $ 3,241 $ 3,403 $ Community Engagement Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Community Service Officer (PT) - Tier I Hourly 27.85 $
Community Service Officer (PT) - Tier II Hourly 30.01 $ Community Services Assistant I (PT) - Tier I Hourly 23.00 $ Community Services Assistant I (PT) - Tier II Hourly 24.78 $ Community Services Assistant II (PT) - Tier I Hourly 26.15 $ Community Services Assistant II (PT) - Tier II Hourly 28.18 $ Community Services Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Community Services Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Economic Development Coordinator NR-NS 277 3,989 $ 4,189 $ 4,398 $ 4,618 $ 4,849 $ Economic Development Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Engineer I NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Engineer II NR-NS 243 3,394 $ 3,563 $ 3,742 $ 3,929 $ 4,125 $ Equipment Operator SEIU 137 2,189 $ 2,299 $ 2,414 $ 2,534 $ 2,661 $ Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Finance Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ GIS Specialist I NR-NS 186 2,597 $ 2,727 $ 2,863 $ 3,007 $ 3,157 $ GIS Specialist II NR-NS 207 2,866 $ 3,009 $ 3,159 $ 3,317 $ 3,483 $ Human Resources Analyst I NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Human Resources Analyst II NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Human Resources Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Analyst NR-NS 265 3,767 $ 3,956 $ 4,154 $ 4,361 $ 4,579 $ Information Technology Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Manager, Assistant NR-NS 293 4,306 $ 4,521 $ 4,747 $ 4,985 $ 5,234 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 9/30/2024 - Revised 9/30/24 - Adopted 10/15/24 )

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TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 9/30/2024 - Revised 9/30/24 - Adopted 10/15/24 ) Information Technology Specialist I NR-NS 199 2,760 $ 2,898 $ 3,043 $ 3,196 $ 3,355 $ Information Technology Specialist II NR-NS 238 3,315 $ 3,481 $ 3,655 $ 3,837 $ 4,029 $ Intern - Tier I Hourly 16.00 $
Intern - Tier II Hourly 17.24 $
Mechanic SEIU 157 2,399 $ 2,519 $ 2,645 $ 2,777 $ 2,916 $ Permit Technician NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Planner, Associate NR-NS 205 2,839 $ 2,981 $ 3,130 $ 3,286 $ 3,450 $ Planner, Senior NR-NS 281 4,066 $ 4,269 $ 4,482 $ 4,707 $ 4,942 $ Planning Director NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Police Captain NR-S 344 5,809 $ 6,100 $ 6,405 $ 6,725 $ 7,061 $ Police Chief DIR-S 384 6,865 $ 7,209 $ 7,569 $ 7,948 $ 8,345 $ Police Dispatch Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Dispatcher SPOA-NS 154 2,220 $ 2,331 $ 2,448 $ 2,570 $ 2,699 $ Police Lieutenant NR-S 306 4,838 $ 5,080 $ 5,334 $ 5,601 $ 5,881 $ Police Officer SPOA-S 205 3,024 $ 3,176 $ 3,334 $ 3,501 $ 3,676 $ Police Officer, Senior SPOA-S 226 3,338 $ 3,504 $ 3,680 $ 3,864 $ 4,057 $ Police Officer Trainee - Tier I Hourly 25.50 $
Police Officer Trainee - Tier II Hourly 27.48 $
Police Records Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Records Technician NR-NS 163 2,336 $ 2,452 $ 2,575 $ 2,704 $ 2,839 $ Police Property & Evidence Technician NR-NS 204 2,825 $ 2,966 $ 3,115 $ 3,271 $ 3,434 $ Police Sergeant SPOA-S 262 3,957 $ 4,155 $ 4,363 $ 4,581 $ 4,810 $ Public Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Public Works Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Public Works Director, Assistant NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Director, Deputy NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Inspector NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Public Works Manager NR-NS 340 5,397 $ 5,667 $ 5,951 $ 6,248 $ 6,561 $ Service Crew Member I SEIU 106 1,901 $ 1,996 $ 2,096 $ 2,201 $ 2,311 $ Service Crew Member II SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Service Crew Member, Senior SEIU 172 2,572 $ 2,700 $ 2,835 $ 2,977 $ 3,126 $ Social Media Relations Assistant (PT/Extra Help) - Tier I NR-NS Hourly 27.11 $ Social Media Relations Assistant (PT/Extra Help) - Tier II NR-NS Hourly 29.21 $ Teacher (PT) - Tier I Hourly 39.69 $
Teacher (PT) - Tier II Hourly 42.76 $
Transit Driver (FT) NR-NS 83 1,625 $ 1,706 $ 1,791 $ 1,881 $ 1,975 $ Transit Driver (PT) - Tier I Hourly 18.33 $
Tranist Driver (PT) - Tier II Hourly 19.75 $
Transit Driver, Lead NR-NS 116 1,884 $ 1,978 $ 2,077 $ 2,181 $ 2,290 $ Utilities Manager NR-NS 269 3,839 $ 4,031 $ 4,233 $ 4,445 $ 4,667 $ Utility Billing Clerk (PT/Extra Help) - Tier I Hourly 22.60 $ Utility Billing Clerk (PT/Extra Help) - Tier II Hourly 24.35 $ Utility Operator I SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Utility Operator II SEIU 173 2,584 $ 2,713 $ 2,848 $ 2,991 $ 3,140 $ Utility Technician SEIU 205 2,999 $ 3,149 $ 3,306 $ 3,471 $ 3,645 $ The numbers on this schedule are rounded to the nearest dollar and may vary slightly from actual payroll calculations due to rounding.

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FULL-TIME PART-TIME
Spanish 5% $55.39 $55.39
Prorate per hour =
$1,440 Annual
Student +60 Units 2.5%
Associate Degree 2.5%
Bachelor Degree 5%
POST Intermediate 5% 5%
POST Advanced 5% 5%
POST Supervisor 2.5% 2.5%
Arborist (ISA Arborist) 2.5% 2.5%
Arborist (Tree Risk Assess.) 0.5% 0.5%
Arborist (Muni Spec.) 0.5% 0.5%
ASE (G1 and A1-A8 Master) 2.5% 2.5%
ASE (Medium/Heavy Truck) 1.0% 1.0%
ASE (Transit Bus Master) 1.0% 1.0%
Water (Distribution or Treatment) D1/T1 None None
Water (Distribution or Treatment) D2/T2 2.5% 2.5%
Water (Distribution or Treatment) D3/T3 1.5% 1.5%
Water (Distribution or Treatment) D4 1.0% 1.0%
Other Up to 5%
3 Years 2.5%
5 Years 2.5% 2.5%
7 Years 2%
10 Years 2.5% 2.5%
12 Years 2%
15 Years 2.5% 2.5%
16 Years 2%
20 Years 1% 2.5% 2.5%
Canine 2.5%
Shift Differential - Sworn (7 p.m. - 7 a.m.) $1.00/hr
Shift Differential - Dispatch (6 p.m. - 6 a.m.) $1.00/hr Longevity
Special Assignment
Bilingual
Education Incentive (5% Maximum)
Certificates
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 9/30/2024 - Revised 9/30/24 - Adopted 10/15/24 )

PREMIUM PAY FLAT AMOUNT AND/OR PERCENTAGE OF BASE BIWEEKLY AMOUNT

INCENTIVE

SHAFTER POLICE

OFFICER ASSOCIATION

SEIU PUBLIC WORKS
UNIT

NONREPRESENTED EMPLOYEES

Page 169 of 265 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Randy Milligan, Acting Chief of Police
SUBJECT: APPROVAL THE SALVAGE OF PATROL VEHICLES #141, #142, AND #100, DUE TO THE EXCESSIVE MILEAGE, MAINTENANCE

COSTS, AND LOW VALUE OF THE VEHICLES

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines; approve the salvage of three (3) Shafter Police Department Patrol Vehicle Units #141, #142, and #100, due to the excessive mileage, maintenance costs, and low value of vehicles.

BACKGROUND
The Police Department has historically replaced patrol units that have exceeded 80,000 miles due to high maintenance costs and outdated emergency equipment. Council has already approved the purchase of replacement vehicles, which have already been outfitted and are being utilized by the police department.

Unit #100 is one of the oldest patrol vehicles in the fleet with excessive mileage. Unit #141 and Unit #142 both have excessive mileage. Unit #100 is a 2010 Ford Crown Victoria Police Interceptor with 85,971 miles and a maintenance cost to date of $3,317.85. Unit #141 is a 2013 Ford Taurus Police Interceptor with 84,468 miles and a maintenance cost to date of $9,619.09. Unit #142 is a 2013 Ford Taurus Police Interceptor with 96,021 miles and a maintenance cost to date of $18,866.66. A majority of the maintenance costs for the vehicles have been accrued since 2022. The patrol vehicles have faded and worn paint, and the patrol graphics have faded and burnt.

They have outdated emergency equipment that is beginning to fail and needs immediate replacement. To repaint the units, new graphics, and emergency equipment would cost well over $15,000 per unit.

ANALYSIS
Due to the damage, accrued maintenance costs, and low value of the vehicles, staff is recommending that City Council approve the Police Department's removal of the three vehicles from the fleet in their current condition. Staff will remove and reuse all viable equipment and reuse where possible. Items to be removed include the MDC and patrol mobile radio.

In their current condition, LKQ has provided a quote of $1,810 to purchase the vehicles.

FISCAL IMPACT

Page 170 of 265 ends

APPROVAL THE SALVAGE OF PATROL VEHICLES #141, #142, AND #100, DUE TO THE

EXCESSIVE MILEAGE, MAINTENANCE COSTS, AND LOW VALUE OF THE VEHICLES - 2 -
None. Salvaging patrol units #100, #141, and #142 would have no negative impact on the fiscal budget. The revenue generated by salvaging the units will be estimated at $1,810.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is to approve the salvage of three patrol vehicles, and therefore, it is the creation of a governmental funding mechanism that does not result in a potentially significant impact and is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES

1. Keep the patrol units in service and continue to maintain the emergency components, repainting and replacing the patrol graphics. Not Recommended.

2. Salvage Units #100, #141, #142, and remove them from the Shafter Police Department's fleet. The vehicles can be sold to LKQ for $1,810. Recommended.

NEXT STEPS
If City Council approves the recommendation for salvaging patrol units #100, #141 and #142 and sale to LKQ.

ATTACHMENTS
None

Page 171 of 265 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Randy Milligan, Acting Chief of Police
SUBJECT: APPROVAL OF THE PURCHASE OF ONE (1) 2025 KIA
CARNIVAL SX VEHICLE FOR $52,899.21.

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve the purchase of one (1) 2025 Kia Carnival vehicle in the amount of $52,899.21.

BACKGROUND
The County of Kern is the recipient of an allocation from the State of California under Assembly Bill Number 33 of 2023 – Fentanyl Misuse and Overdose Prevention Task Force, introduced by Assembly Member Jasmeet Bains for awarded agencies to provide various duties relating to Fentanyl Misuse.

The police department presented a project proposal that met the requirements and objectives of Assembly Bill 33 and was awarded seven hundred thousand dollars ($700,000) that will be used for preventing, enforcing, and treating fentanyl misuse.

The police department was given discretion over the allocation and expenditure of the one-time funds provided in the agreement. Under the categorical section of Training and Equipment, the police department provided an estimated allocation of $175,000, including vehicles, which would be needed.

The police department will need one (1) vehicle for surveillance and overt operations.

The vehicle will also transport officers to out-of-town fentanyl-related training courses.

ANALYSIS
Staff found that the 2025 Kia Carnival SX was the best-suited vehicle for the Task Force due to its functionality. Quotes were produced by Haddad Kia, Kia of Carson, and Kia Car Pros. Haddad Kia provided the lowest price.
• Haddad Kia (2025 Kia Carnival SX) $52,899.21
• Kia of Carson (2025 Kia Carnival SX) $57,045.51
• Kia Car Pros (2025 Kia Carnival SX) $63,175.21

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APPROVAL OF THE PURCHASE OF ONE (1) 2025 KIA CARNIVAL SX VEHICLE FOR $52,899.21. - 2 -

FISCAL IMPACT
Purchases from the awarded funds will be paid by the State of California under Assembly Bill Number 33 of 2023 – Fentanyl Misuse and Overdose Prevention Task Force.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is to approve a funding grant agreement and therefore, it is the creation of a governmental funding mechanism that does not result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
Approve the purchase of one (1) 2025 Kia Carnival SX vehicle through Haddad Kia.

The total cost for one (1) 2025 Kia Carnival SX is $52,899.21. Recommended.

Council can choose not to approve the purchase. Not Recommended.

NEXT STEPS
If the City Council approves the purchase, the new vehicle will be ordered and provided to personnel for use under the Fentanyl Task Force.

ATTACHMENTS

1. Haddad Quote

2. Carson Quote

3. Car Pros Quote

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: APPROVAL OF GRANT DEED FOR LOT LINE ADJUSTMENT 24- 98 RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines; approve the grant deed for Lot Line Adjustment 24-98 (Grant Deed) for the property as defined below and authorize the City Manager or designee to execute all documents incident to the grant deed and to consummate the recording, subject to confirming changes by the City Manager and the City Attorney.

BACKGROUND
The City of Shafter (City) currently owns real property totaling approximately 9.57 acres, located at East Tulare Avenue and North Shafter Avenue, which are in fee title. The Kern County Assessor Parcel numbers for the subject properties are 028- 010-09 and 028-010-12. Combined, the lots formerly served as the Public Works Corporation Yard. Lot Line Adjustment 24-98 was prepared by the City Engineer to reconfigure these lots for alternative uses. Additionally, the Council previously declared the draft reconfigured lots as surplus properties via Resolution 2909.

ANALYSIS
A grant deed must accompany the recordation of lot line adjustment. The City continues to navigate and comply with the Surplus Land Act (SLA) before disposal of this Cityowned land. This action does not impact or affect the SLA compliance process for this land because it is not a disposal of the City-owned land under the SLA. It is not a sale or lease and does not involve any other third parties. This action merely adjusts the boundaries between the existing City-owned lots.

FISCAL IMPACT
The time and resources to process, execute, and record the Grant Deed are covered by existing operational budgets. No budget action is required.

CEQA ANALYSIS
The proposed action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines because the action is an organizational or administrative activity of governments that will not result in direct or indirect physical changes to the environment. Therefore, compliance with CEQA is not required for this action.

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APPROVAL OF GRANT DEED FOR LOT LINE ADJUSTMENT 24-98
- 2 -

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The requested action facilitates the previous surplus land declaration for the reconfigured City-owned lots. Alternative action is not recommended.

NEXT STEPS
If the Council approves the Grant Deed, Public Works will obtain signatures and record the Grant Deed, effectuating the lot line adjustment of the properties. Upon recording, the lot lines will be adjusted in accordance with the description in the Grant Deed.

ATTACHMENTS

1. Certificate of Compliance, Grant Deed & Notary Acknowledgment

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: APPROVAL OF AUTHORIZATION OF NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7319 PHASE 3

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept the public improvements constructed for Tract 7319 Phase 3; authorize the City Engineer to file a Notice of Completion and Acceptance of work for the tract; and authorize the reduction of performance bond securities to 25% of their original value to act as a warranty bond for a minimum of one year.

BACKGROUND
Lennar Homes of California (Lennar) has completed the required public improvements for Tract 7319 Phase 3, located within the Gossamer Grove development. Completed improvements include earthwork, water, sewer, storm drain facilities, curbs & gutters, medians, perimeter walls, street paving, street lighting, sidewalks, landscaping, and underground utilities, including the City fiber optic. Oildale Mutual Water Company has provided the City of Shafter with documentation stating the potable and irrigation water systems are acceptable and ready for public use. All other improvements have been completed per the plans and approved by the Public Works Department.

Lennar previously filed performance bonds with the City to cover 100% of the proposed construction costs of the public improvements for Tract 7319 Phase 3. The bonds, included in a Subdivision Improvement Agreement between Lennar and the City, ensure faithful performance in constructing the public improvements. Upon the recommendation of the City Engineer, the bond amount can be reduced to 25% of the proposed construction costs as the Council accepts public improvements.

ANALYSIS
Retaining 25% of the bond coverage would serve as a warranty for the improvements for up to one year. During the warranty period, Lennar will complete repairs and address construction deficiencies at no cost to the City. The City will assume responsibility for the applicable improvements after the warranty period.

FISCAL IMPACT
No budget action is required. Future operating and maintenance budgets will be adjusted to ensure adequate funding once the City assumes responsibility for the public improvements.

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APPROVAL OF AUTHORIZATION OF NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7319 PHASE 3
- 2 -

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

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
There are no alternatives to the recommended action. With the project complete and constructed per the approved plans, public improvements should be accepted by the Council.

NEXT STEPS
Upon Council authorization, the City Engineer will execute and file a Notice of Completion & Acceptance of Work for recordation, plus authorize a reduction in the performance bond amount to cover warranty work for Tract 7319 Phase 3.

ATTACHMENTS

1. TR 7319 PH 3 - Recorded 07 08 2021

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: APPROVAL OF REPLACEMENT OF ONE (1) AC UNIT AT THE

ANIMAL CONTROL FACILITY TO MESA ENERGY SYSTEMS,
INC. DBA EMCOR SERVICES MESA ENERGY FOR AN AMOUNT
UP TO $15,000.

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept proposal received for the replacement of one (1) air conditioning unit at the City Animal Control facility; and authorize the Deputy Public Works Director to issue a Notice of Award and Notice to Proceed to Mesa Energy Systems, Inc. dba Emcor Services Mesa Energy for said project for a contract amount up to $15,000.

BACKGROUND
One of the air conditioning (AC) units at the animal control facility recently stopped functioning. EMCOR Services, the City's contracted AC servicing company, assessed the unit and determined that the compressor had failed. They later submitted a quote to replace it for $3,493. Still, because the unit has been in service for approximately 16 years, a second quote was requested to install a new, modern unit. The cost of the new unit is $11,552.51.

ANALYSIS
While a new compressor would fix the immediate issue at a lower cost, staff prefer to replace the unit. The current unit is approaching the end of its useful life, plus a new unit should operate more efficiently and provide several years of uninterrupted service provided the routine maintenance and servicing is provided. The amount proposed by EMCOR is consistent with what was charged for replacing two units at City Hall. A project budget of $15,000 would be sufficient to cover their current proposal, plus at least 30% in contingencies.

FISCAL IMPACT
The 2024-2025 budget for facility maintenance at the Animal Control facility did not plan for an AC unit replacement this year and requires a budget amendment of up to $15,000 from the general fund to complete the work.

CEQA ANALYSIS

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APPROVAL OF REPLACEMENT OF ONE (1) AC UNIT AT THE ANIMAL CONTROL FACILITY TO MESA ENERGY SYSTEMS, INC. DBA EMCOR SERVICES MESA ENERGY FOR AN AMOUNT UP TO $15,000.
- 2 -
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a proposal to replace an AC unit at Animal Control, 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 is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
Staff can only complete the compressor replacement to save short-term costs and restore the existing unit. However, given the age of the unit and the repair cost being 30% of a new unit cost, this alternative is not recommended.

NEXT STEPS
Staff will issue a notice of award and notice to proceed to EMCOR Services for installing the new AC unit.

ATTACHMENTS

1. Animal Control - AC Unit Replacement Proposal

2. Animal Control - Compressor Replacement Proposal

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1822 NORRIS RD  BAKERSFIELD, CA 93308  (661)-335-1500 LICENSE #611215 (B, C-4, C-10, C-20, C 36, C38)
September 24, 2024
City of Shafter
18849 S Shafter Ave.

Shafter, California 93263
Dear Ken,
Mesa Energy Systems, Inc., (dba EMCOR Services Mesa Energy) is pleased to submit the following scope of replacement of 3.5 Roof top unit at animal control 18849 S Shafter Ave. Shafter Ca. 93263. All work to be accomplished during normal business hours unless otherwise noted in the scope of work below.

Scope of Work
1) Remove Existing 3.5ton roof top package unit 208-230 single phase and dispose per EPA regulations. 2) Provide and install (1) New 3.5 Ton Day and Night gas electric package unit on new angle iron stand per city/county code.
3) Properly tie into the existing electrical with new disconnect and fuses per city/county code. 4) Properly tie into existing condensate with new PVC fittings and pipe per city/county code. 5) Properly tie into existing gas with new gas flex.
6) Start-up, test, and calibrate new systems according to manufacturer’s recommendations to ensure optimal system operation.
7) New equipment comes with a factory 1-year parts warranty and 5-year compressor warranty. 8) Emcor to Provide an additional 1 Year labor & refrigerant Warranty. 9) Provide working permits and required forms.

Exclusions
• Materials or scope not specifically indicated above is excluded. • All work to be performed during normal business hours.

Payment Terms: The above price is the cash price and has been discounted by 3%. Should CUSTOMER choose to pay via credit card, CUSTOMER shall forego the cash discount and the price for the above work shall increase 3%. Should Customer choose to fiancé project, the price for the above work shall increase 8.5% Payment is due upon completion unless otherwise stated in the agreement.

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1822 NORRIS RD  BAKERSFIELD, CA 93308  (661)-335-1500 LICENSE #611215 (B, C-4, C-10, C-20, C 36, C38)
Day and Night gas electric package unit……………………………………………………….$14,440.51 Minus contract customer discount…………………………………………………….……….-$2,888.00 Total……………………………………………………………………………………………….$11,552.51
Warranty: One (1) year on parts and labor warranty from the date of delivery unless the manufacturer's warranty is for a shorter period in which case the shorter period will apply. Contractor warrants parts and equipment not manufactured by it only to the extent that Contractor is able to enforce liability against the manufacturer. Warranty excluded on existing system components, permits and engineering.

Subsequently if it is determined that repairs are necessary during the warranty period (or time) in order to maintain the proper operation of the equipment, it is the customer’s responsibility to ensure that those recommendations are completed in a timely manner otherwise the warranty will be void. The above referenced price will be held firm for a period of thirty (30) days from the date of this proposal.

Please contact me at 661-477-0681 or email me at [email protected] should you have any questions or would like additional information on how EMCOR Services / Mesa Energy Systems, Inc. may serve you.

Customer Acceptance:

Sincerely,
Signature:

Ryan Wheeler Print Name:

Account Manager
Mesa Energy Systems, Inc. Title
Date:

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Proposal #
sq054887
CA 93263 CA 93263
SCOPE OF WORK / DIAGNOSIS:

ADDITIONAL INFORMATION:

EMCOR: Accepted By:

Title: Title:

Date:

PO# (If Applicable):

September 24, 2024
SUBMITTED TO: JOB LOCATION:

Animal Control Animal Control
Kenneth Greene Kenneth Greene
Found on PM
Shafter Shafter
Ryan Wheeler
18849 S. Shafter Ave 18849 S. Shafter Ave
FACILITY STATUS / URGENCY:

Perform LOTO on the unit. Evacuate refrierant system. Remove shorted compressor. Install new compressor, dryer, run cap and contactor. Pull vacuum and recharge unit. Remove LOTO& perform a start-up check-up of the unit to verify that it is operating to the manufacturer's specifications.
0 $ 3,493.00
By accepting this proposal the purchaser agrees to the attached terms and conditions. This quotation will be valid for a period of 30 days and payment is due 30 days from invoicing. If payment is not received interest will accrue at the rate of 1.5% per month. If an action is brought for collection the prevailing party shall be entitled to attorney's fees.

WARNING: Contractors are required by law to be licensed by the Contractor's State License Board which has jurisdiction to investigate complaints against Contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 26000, Sacramento, CA 95826
[California Business and Professional Code 7030(a)]
Account Manager
The total cost, including all labor, materials and taxes is:
1822 Norris Rd.

Bakersfield Ca 93308
Service: (661) 335-1500
Fax: (661) 322-1463
CA Lic. 611215
Equipment Repair Estimate
EMCOR Services / Mesa Energy Systems
shafter animal control compressor replacement Page 1 of 2 Confidential

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hereto after referred to as "you the client".

Terms and Conditions
following "Terms and Conditions" are between EMCOR Services / Mesa Energy Systems and Animal Control A. Unless stated otherwise in this agreement, services provided under this agreement will be performed during normal working hours of a.m. to 5 p.m., Monday through Friday.

B. The guarantees and services provided under the scope of this agreement are conditioned upon “you the client” operating and maintaining systems/equipment. “You the client” will do so in according to industry-accepted practices, or in consideration of our recommendations.

C. “You the client” will provide and permit reasonable access to all areas where work is to be performed. EMCOR Services will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services D. Any repairs or services resulting from power failures, freezing, roof leaks through curbs or equipment, or air side corrosion will be paid for by the “you the client” in accordance with EMCOR Service’s currently established rates.

E. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, system equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s), unless otherwise stated in this Agreement.

F. EMCOR Service will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailability of material, riots, acts of god, or any cause beyond reasonable control.

G. EMCOR Service is not responsible for the removal or disposal of any hazardous materials or any cost associated with these materials unless otherwise noted in this Agreement.

H. The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service not supplied by EMCOR Service.

I. This agreement does not include any services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by EMCOR Service. Unless otherwise agreed, also excluded is the furnishing of materials and supplies for painting or refurbishing existing equipment.

J. EMCOR Service shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal State Municipal or other authorities except as otherwise included in this Agreement.

K. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney’s fees as determined by the court for prosecuting and defending the claim, as the case may be.

L. EMCOR Service shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.

M. Only EMCOR Service’s personnel or agent are authorized to perform the work included in the scope of this agreement. EMCOR Service may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work.

N. This Agreement and all rights hereunder shall not be assignable unless approved by EMCOR Service. In the event of additional freight, labor, or material costs resulting from “you the client” request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, “You the client” agrees to pay these additional costs at EMCOR Service’s currently established rates.

O. EMCOR Service’s scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event EMCOR Service encounters such material in performing its work, EMCOR Service will have the right to discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists.

P. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced.

Q. This agreement does not include the disposal of hazardous waste; any charges incurred for their proper disposal will be born by "you the client" as an extra to the contract price.

R. “You the client” agrees that in the event that there shall have been passed a federal and/or state law which shall compel EMCOR Service to contribute to a federal and/or state health plan for its employees, then the terms of this Agreement shall be subject to adjustment to the extent that the cost of such mandated contributions increase by EMCOR Service’s cost of performing this contract.

S. “You the client” acknowledges and agrees that any purchase order issued by “you the client” in accordance with this Agreement, is intended only to establish payment authority for “you the client” internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No term or condition included in the “you the client” purchase order will have any force or effect.

T. Warranty: One (1) year on parts and Sixty (60) Days on labor warranty from the date of delivery unless the parts manufacturer's warranty is for a shorter period in which case the shorter period will apply. Contractor warrants parts and equipment not manufactured by it only to the extent that Contractor is able to enforce liability against the manufacturer. Warranty excluded on existing system components, permits and engineering.

EMCOR Services / Mesa Energy Systems
shafter animal control compressor replacement Page 2 of 2 Confidential

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: ADOPTION OF A RESOLUTION OF INTENTION INITIATING

PROCEEDINGS FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 0815

RECOMMENDATION
Council find the action is not defined as a “project” per Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines; and adopt Resolution 2992, a Resolution of the City Council of the City of Shafter, California Declaring its Intention to Establish Proposed City of Shafter Community Facilities District No. 0815 (“CFD”) to authorize the levy of a special tax within the CFD (Pursuant to the Mello-Roos Community and Facilities Act of 1982, as amended).

BACKGROUND
Tract 7447 is located within the Gossamer Grove Specific Plan, consists of approximately 32 acres, and will be developed by the owner Lennar Homes of California, LLC. The development covers 145 single-family detached homes and was conditioned by the City to create a maintenance district that provides funds to maintain parks, landscaping, parkways, trails, median islands, public lighting, and street lights that are to be included within the tract development. It was later determined that a maintenance community facilities district (CFD) would be utilized for this purpose.

With the assistance of Koppel & Gruber Public Finance, a special tax consultant working on behalf of the City, a Rate and Method of Apportionment (RMA) was created for the proposed CFD, which determined how the properties located within the boundaries of the CFD will be charged and the annual special tax charges. In addition, an analysis of the maintenance costs was completed to determine the special tax rates. This analysis determined annual operation and maintenance costs of $64,370 in Fiscal Year 2024-2025 dollars for the proposed improvements. These costs are proposed to be spread amongst the 145 proposed residential lots in the CFD. Based upon the maintenance costs calculated in Fiscal Year 2024-2025 dollars, the special tax charge per lot as of Fiscal Year 2024-2025 is $444.00. The property will be subject to the special tax effective Fiscal Year 2025-2026. Similar to the landscape and lighting districts created and operated by the City, the CFD special tax rates will be subject to consumer price index increases of up to 4.0% if deemed necessary each year starting in Fiscal Year 2025-2026.

With the completion of the RMA and a CFD Boundary Map, the Council is now in a

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ADOPTION OF A RESOLUTION OF INTENTION INITIATING PROCEEDINGS FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 0815
- 2 -
position to begin the CFD formation process, which entails adopting a resolution of intention. At its November 19, 2024 meeting, staff plans to have the Council conduct a public hearing and facilitate a special election so the affected property owners can vote on the proposed CFD and annual special tax levy. Staff does not anticipate any complications with the voting process as Lennar Homes of California, LLC is the sole landowner of all the property within the proposed boundaries of the CFD, and their participation enables them to comply with the City’s conditions of approval for the development. A resolution of intention is required to authorize and notice the public hearing at the November 19, 2024, meeting.

Resolution 2992 has been prepared for the City Council to start the CFD formation process, and sets the public hearing date.

ANALYSIS
The requested action is to initiate proceedings to for the CFD, schedule the public hearing and land owner special election, and authorize the Public Works Director or his/her designee to prepare a CFD report prior to the public hearing.

FISCAL IMPACT
This item has no immediate fiscal impact because the developer provided a cash deposit to cover the CFD formation costs. The CFD would begin collecting special taxes effective Fiscal Year 2025-2026. The intent is for the ongoing CFD costs to be covered through the levy of special taxes.

CEQA ANALYSIS
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the lead agency, determined that the resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The City Council can waive the requirement to create a new CFD if it prefers to reduce the property tax burden on future homeowners within this planned development or avoid certain public improvements typically funded by a CFD. However, public improvements without CFD funding would likely burden the General Fund for maintaining the planned public improvements. Further, the public improvements provide long-term quality-of-life benefits for the future residents of the tract. Therefore, alternative action is not recommended.

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ADOPTION OF A RESOLUTION OF INTENTION INITIATING PROCEEDINGS FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 0815
- 3 -

NEXT STEPS
Upon adoption of the resolution of intention, the Public Works Director or his/her designee will prepare the CFD Report regarding the types of services to be provided within the boundaries of the CFD, the estimated maintenance costs, and the special tax rates. On November 19, 2024, the City Council will hold a noticed public hearing and special landowner election on the proposition of the levy of the special taxes and setting an appropriations limit. Once the public hearing and special land owner election are conducted, the CFD is formed, and the annual special tax levies can be ordered effective Fiscal Year 2025-2026 on any developed property within the CFD.

ATTACHMENTS

1. Resolution 2992 - Shafter CFD No. 0815 Resolution of Intention

2. Exhibit A - Shafter CFD - 0815 - TR7447 RMA

3. CFD-0815 Boundary Map - DRAFT

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17236.00201\42758164.1
RESOLUTION NO. 2992

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SHAFTER, CALIFORNIA DECLARING ITS

INTENTION TO ESTABLISH PROPOSED CITY OF
SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815

AND TAKING OTHER ACTIONS RELATED THERETO
WHEREAS, the City Council of the City of Shafter (the “City Council”) has received a written petition from the owner of certain real property within the City of Shafter (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, commonly known as the “MelloRoos Community Facilities Act of 1982,” (the “Act”) for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to (a) maintenance and lighting of parks, parkways, streets, roads and open space; (b) maintenance of recreational facilities, and (c) any other services authorized to be financed pursuant to the Act; and WHEREAS, pursuant to Section 53320 of the California Government Code, the City Council is required upon receiving such a written petition to adopt a resolution of intention to establish a community facilities district; and
WHEREAS, having received such petition from the property owner, it is appropriate that the City Council adopt a resolution of intention to establish the proposed community facilities district.

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

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Proposed District. A community facilities district is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, commonly known as the “MelloRoos Community Facilities Act of 1982.” The name proposed for the community facilities district is “City of Shafter Community Facilities District No. 0815, County of Kern, State of California.” Section 3. Description and Map of Boundaries. The boundaries of the territory proposed for inclusion in the proposed community facilities district are described and shown on the map entitled “Proposed Boundaries of City of Shafter Community Facilities District No. 0815, County of Kern, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after complying with the other requirements of Section 3111 of said Code, record the original of

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17236.00201\42758164.1
Shafter City Council Resolution No. 2992
October 15, 2024
Page - 2 -
said map in their office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 8 hereof shall file a copy of said boundary map with the County Recorder of the County of Kern.

Section 4. Types of Services; Incidental Expenses. It is proposed that the proposed community facilities district shall provide and finance (a) maintenance and lighting of parks, parkways, streets, roads and open space; (b) maintenance of recreational facilities, and (c) 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 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 4 above and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the proposed community facilities district. 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. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates 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 above the amount that would have been levied in that fiscal year had there never been any such delinquencies or default. The rate 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.

Section 6. 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 7. Necessity. The City Council finds that the services described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed community facilities district.

Section 8. Hearing on Formation. A public hearing on the formation of the proposed community facilities district shall be held at 6:00 p.m. on November 19, 2024, at City Hall located at 336 Pacific Avenue, Shafter, California 93263.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.

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17236.00201\42758164.1
Shafter City Council Resolution No. 2992
October 15, 2024
Page - 3 -
Section 10. Report. The officers of the City who are responsible for providing the proposed types of services to be provided within and financed by the proposed community facilities district, if it is established, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed community facilities district and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the services by type, which will in their opinion be required to adequately meet the needs of the proposed community facilities district and an estimate of the fair and reasonable cost of providing those services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 8 hereof.

Section 11. Annexation of Territory. Other property within the boundaries of the City may be annexed into the community facilities district upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed.

Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on the proposition with respect to the levy of special taxes on the land within the community facilities district to pay the costs of providing the services to be provided by the community facilities district, if the community facilities district is established and such special election (the “special election”) is held, shall be as follows:
(a) If at least twelve (12) persons have been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, the vote in the special election shall be by the registered voters of the proposed community facilities district with each voter having one vote. In that event, the special election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the special election shall be distributed to the qualified electors of the community facilities district by mail with return postage prepaid or by personal service, and the special election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If twelve (12) persons have not been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the proposed community facilities district, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district, the special election shall be conducted by the City Clerk as follows:
(1) The special election shall be held on the earliest date, following the adoption by the City Council of the resolution of formation establishing the community facilities district pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of providing the services to be provided by the community facilities district, and (ii) establishing of an appropriations limit therefor to the qualified electors of the proposed community facilities

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17236.00201\42758164.1
Shafter City Council Resolution No. 2992
October 15, 2024
Page - 4 -
district, upon which such elections 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 proposed community facilities district and the City Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the special election may be held earlier than ninety (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. (3) 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.
(4) 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, 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 formation establishing the community facilities district, adopted by the City Council pursuant to Section 53325.1 of the California Government Code; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners. (5) 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. (6) The return identification envelope 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 date of signing and place of execution of said

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17236.00201\42758164.1
Shafter City Council Resolution No. 2992
October 15, 2024
Page - 5 -
declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The instructions 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 5:00 p.m. on the date of the election.
(8) 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 they are 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 13. Severability. If any provision, section, paragraph, sentence, or word of this Resolution is rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.

Section 13. Effective Date. This Resolution shall become effective immediately upon its adoption.
[Signatures on following page]

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17236.00201\42758164.1
Shafter City Council Resolution No. 2992
October 15, 2024
Page - 6 -
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 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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17236.00201\42758164.1
EXHIBIT “A”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE

CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0815

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City of Shafter 1
Public Services CFD No. 0815 (TR7447)

CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0815

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. 0815 (“CFD No. 0815”) 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 66313(a), 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. 0815 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 included in a Final Subdivision Map that was recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or 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.

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City of Shafter 2
Public Services CFD No. 0815 (TR7447)
“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 Tax 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. 0815” means the City of Shafter Community Facilities District No. 0815, County of Kern, State of California.
“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. 0815 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2025- 2026, 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 4285, 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 of 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,

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City of Shafter 3
Public Services CFD No. 0815 (TR7447)
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 3 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 Assessor’s Parcel, or portion of an Assessor’s 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. 0815, 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. 0815 pursuant to the Act and this Rate and Method of Apportionment to fund the Special Tax Requirement.
“Special Tax Requirement” meansthat amount required in any Fiscal Year for the CFD to:
(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 (v) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.

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City of Shafter 4
Public Services CFD No. 0815 (TR7447)
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0815 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) 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 Assessor’s Parcels within the boundaries of CFD No. 0815 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. 0815 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.

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 $444.00 per Unit
2 Non-Residential Property $3,112.00 per Acre
B. Approved Property
The Maximum Special Tax for Approved Property shall be $444.00 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.

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City of Shafter 5
Public Services CFD No. 0815 (TR7447)
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 Non-Residential 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

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City of Shafter 6
Public Services CFD No. 0815 (TR7447)
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. 0815.

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.

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V I C I N I T Y M A P

PROPOSED BOUNDARY

NOT A PART
Legend

PROPOSED BOUNDARIES OF

CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0815
FILED IN THE OFFICE OF THE CITY CLERK THIS __________ DAY OF ____________________ 2024. _______________________________________ CITY CLERK

CITY OF SHAFTER

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED

BOUNDARIES OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF KERN, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SHAFTER AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF _______________________________, 2024, BY ITS RESOLUTION NO. _____________________ _______________________________________ CITY CLERK

CITY OF SHAFTER
FILED THIS __________ DAY OF _______________, 2024, AT THE HOUR OF _________ O'CLOCK ____M. IN THE BOOK _________________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE _____________ AND AS INSTRUMENT NO. _________________ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF KERN, STATE OF CALIFORNIA. __________________________

LAURA AVILA

COUNTY ASSESSOR-RECORDER

COUNTY OF KERN

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS

DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE KERN COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE KERN COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL THE DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OF PARCELS.

COUNTY OF KERN

STATE OF CALIFORNIA
SHEET 1 of 1
DATE PREPARED: OCTOBER 2024
334 Via Vera Cruz
Suite 256
San Marcos, California 92078
Phone (760) 510-0290 Fax (760) 510-0288
N
N.T.S

CITY OF SHAFTER
MAP PREPARED BY:

FREE RECORDING IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 27383 AND 27388.1.

LOTS (1 -85 & B) OF TRACT 7388 RECORDED ON JULY 11, 2023, IN BOOK 67, PAGES 30 THROUGH 44 IN THE OFFICE OF THE KERN COUNTY RECORDER.

NOT A PART

CITY OF BAKERSFIELD

UNINCORPORATED

COUNTY OF KERN

KOPPEL & GRUBER

PUBLIC FINANCE

PROPOSED

BOUNDARY

PROPOSED BOUNDARY
NOT A
PART

Page 216 of 265 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Johnny Rubio, IT Manager
SUBJECT: APPROVAL OF PURCHASE OF DATACENTER NETWORK
SWITCHES IN THE AMOUNT OF $69,822.65

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve the purchase of the replacement of the datacenter network switches, supplied by GHA Technologies, in the amount of $69,822.65.

BACKGROUND
The City’s current datacenter network switches were purchased in 2012, and Sentinel Engineering performed the installation. The network switches have surpassed their EOL (End of Life), which presents support and security issues. Council previously approved this CIP (Capital Improvement Plan) project, and no budget amendment is needed.

ANALYSIS
The replacement of our datacenter network switches will continue to provide the flow of network traffic to the following:
• Wireless Internet Connection (Access Points)
• Desk Phones
• Workstations & Laptops
• iOS devices
• Security Cameras
• Printers
• Access to network resources (Example: File & Print Servers) • Internet
The new datacenter network switches will ensure network stability across our sites.

Vendor, GHA Technologies Inc., will handle the purchase and shipping of the new network switch hardware.

FISCAL IMPACT
The approved CIP (Capital Improvement Plan) budget for the Fiscal Year 2024-2025 has sufficient funds to pay for this item.

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APPROVAL OF PURCHASE OF DATACENTER NETWORK SWITCHES IN THE AMOUNT OF $69,822.65
- 2 -

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 the purchase of network switches and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
Council may reject the purchase. Not recommended. As stated above, from a network stability perspective, the replacement of the datacenter network switches will ensure continued connectivity.

NEXT STEPS
Proceed with the purchase of the datacenter network switches with Council's approval.

ATTACHMENTS

1. Quote

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GHA Technologies, Inc.

Dept. #2090
PO Box 29661
Phoenix, Arizona 85038
United States
http://www.gha-associates.com
(P) 480-951-6865
(F) 480-951-6956
Date
Oct 07, 2024 09:41 AM EDT
Modified Date
Oct 07, 2024 09:55 AM EDT
Quotation (Open)
Quote #
2876400 - rev 1 of 1
Description
Juniper
SalesRep
Galentine, Amanda
(P) 570-914-9792
Customer Contact
Rubio , Johnny
[email protected]
Customer
City of Shafter (CO108572)
Rubio , Johnny
336 Pacific Ave
Shafter, CA 93263
United States
Bill To
City of Shafter
336 Pacific Ave
Shafter, CA 93263
United States
Ship To
City of Shafter
336 Pacific Ave
Shafter, CA 93263
United States
Customer PO: Terms:

Undefined
Ship Via:

FedEx Ground
Special Instructions: Carrier Account #:

Subtotal: $65,006.70
Tax (7.2500%): $4,719.95
Shipping: $96.00
Misc: $0.00
Total: $69,822.65
# Description Part # Tax Qty Unit Price Total
1 Juniper Networks EX Series EX4650-48Y
Switch - L3 - managed - 48 x 1/10/25 Gigabit SFP28 + 8 x 40/100 Gigabit QSFP28 - front to back airflow - rack-mountable 5KA651 Yes 2 $14,459.04 $28,918.08
2 5YR SUB WAAND VNA SVC ND F/ EX4600 SERIES 10JR51 Yes 2 $6,126.37 $12,252.74 3 Juniper Networks EX Series EX4100-48P
Switch - L3 - managed - 48 x 10/100/1000Base-T + 16 x 1Gb Ethernet + 4 x 1/10 Gigabit (uplink) + 4 x 10/25 Gigabit (uplink / stacking) - desktop
06ZB97 Yes 2 $4,660.10 $9,320.20
4 Juniper Networks
Power cable - power IEC 60320 C13 to NEMA 5-15 (M) - 125 V - 15 A - 8 ft - North America 4P0317 Yes 2 $34.23 $68.46
5 Juniper Networks
Power supply - redundant (plug-in module) - 920 Watt
3P3078 Yes 2 $738.42 $1,476.84
6 5YR SUB WAANDVNA SVC ND F/ EX48 PORT SWITCHES 10JR55 Yes 2 $1,904.51 $3,809.02 7 Juniper Networks EX Series EX4100-24T
Switch - L3 - managed - 24 x 10/100/1000Base-T + 4 x 10 Gigabit (uplink) + 4 x 10 Gigabit (uplink / stacking) - rackmountable 07YM52 Yes 2 $2,394.17 $4,788.34
8 Juniper Networks
Power cable - power IEC 60320 C13 to NEMA 5-15 (M) - AC 125 V - 13 A - 8 ft - United States - for EX 3200; 4200; QFX Series QFX3500 Switch
Q21376 Yes 2 $32.85 $65.70
9 Juniper Networks
Power supply - redundant (plug-in module) - 150 Watt
3P3112 Yes 2 $340.91 $681.82
10 5YR SUB WAANDVNA SVC ND F/ EX24 PORT SWITCHES 10JR08 Yes 2 $1,222.97 $2,445.94 11 Juniper Networks
25GBase direct attach cable - SFP (M) to SFP (M) - 10 ft - for EX Series EX4650-48Y; QFX Series QFX5120-48Y, QFX5200-48Y
3AV053 Yes 4 $123.11 $492.44
12 Juniper Networks
25GBase direct attach cable - SFP (M) to SFP (M) - 3.3 ft - for EX Series EX4650-48Y; QFX Series QFX5120-48Y, QFX5200-48Y
3AV052 Yes 4 $77.23 $308.92
13 Juniper Networks 100G Ethernet DAC Twinex Copper Cable 100GBase direct attach cable - QSFP28 (M) to QSFP28 (M) - 1 m - fiber optic - for ACX Series Universal Metro Router ACX5448; PTX Series PTX10001; QFX Series QFX5120
4P0470 Yes 2 $189.10 $378.20

Page 219 of 265 ends

Sales tax calculation is estimated and subject to change. Terms Definition:�Unless agreed upon otherwise; Net 30 terms, cash in the GHA bank 30 days from the date of shipment. Lease payment calculations are estimated and may include sales tax in the payment amount. You can obtain an accurate lease quote from our leasing company.

Rates are subject to change without notice.

GHA is an authorized and leading supplier for Microsoft, HP, Apple, Dell, Lenovo, VMWare, IBM and Cisco. GHA does not source any of these products from the gray market. If you have a pending quotation from a competitor that is significantly less in price, that may be a strong indication of gray market involvement. Please immediately bring this to the attention of your sales professional who can verify with the manufacturer for your benefit and protection. Your sales representative can also talk to you about the risks associated with doing business with a gray market supplier. -The prices quoted may change due to market conditions beyond our control. -GHA cannot be responsible for manufacturer availability or delays. -No verbal quotations or promises can be honored unless set forth herein.� -Due to many people working from home, GHA will not be responsible for the boxes if lost or stolen�after the delivery has been made, and if they are�lost or stolen, you still agree to pay your�GHA�invoice. Signature will be required on all shipments. -Handling Fees: Handling fees charged on shipments are in addition to the freight and insurance charges and vary. -Returns Policy: Cloud Service Provider CSP orders for Microsoft require at least 30 days of cancellation notice from Buyer. Buyer agrees to pay for any cloud subscription usage incurred. For all other CSP s, GHA will pass through and honor the cancellation policy as stated in the original contract whether 30, 60 or 90 days of cancellation notice is required. Custom computers and technology orders are non-cancellable and non-returnable. No return will be accepted after 30 days from the invoice date. Goods accepted for credit upon return will be subject to handling/restocking charge, which shall be not less than 15% of the price of Goods. Custom-made Goods are not subject to cancellation or return under any circumstances. In no case are Goods to be returned without first obtaining Seller's written permission. Goods must be securely packed in the original packaging and delivered to Seller in an undamaged condition with Buyer being solely responsible for paying all return freight expenses and keeping the GHA invoice current within 30 days from the date of shipment regardless of the reason for a return. All returns must be accompanied by an authorized RMA number, which is valid for 15 days after date of issuance. GHA Technologies makes NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods described hereon. Professional Service Organizations are separate companies from GHA. GHA is not responsible for their workmanship and there is no right to offset payment.�
-International shipments/returns: Customer is responsible to pay all VAT, duties, customs charges, freight forwarding services, storage, handling, foreign exchange rates/fees, miscellaneous fees from any country, expedited or return freight expenses. Customer shall be liable; GHA is NOT responsible. GHA is not responsible for any return shipment expenses.
-Supplier represents and warrants that it is an equal-opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national origin, disability, marital or veteran status, or any other basis that is prohibited by law.� -This document shall be governed by the laws of the State of Arizona. -You may view all Terms & Conditions at: https://www.gha-associates.com/terms-and-conditions -�. -THIS QUOTE HAS BEEN PROVIDED FOR CLIENT AND GHA PURPOSES ONLY** -CORPORATE OFFICE: (REMIT PAYMENTS TO THE DEPARTMENT NUMBER AND PO BOX LISTED ABOVE; NO PAYMENTS SHOULD BE MAILED TO THE CORPORATE OFFICE) GHA Technologies, Inc. 8998 E. Raintree Drive Scottsdale, AZ 85260

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MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Steve Esselman, Planning Director
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SHAFTER APPROVING AND

ADOPTING EXECUTION OF A SIXTH AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
SHAFTER AND SUBURBAN LAND RESERVE, INC., 7th

STANDARD RANCH INVESTORS, LLC, AND LENNAR HOMES

OF CALIFORNIA, LLC

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; and adopt Urgency Ordinance 759, an Ordinance of the City Council of the City of Shafter, California, approving and adopting execution of a sixth amendment to the development agreement by and between the City of Shafter and Suburban Land Reserve, Inc., 7th Standard Ranch Investors, LLC, and Lennar Homes of California, LLC.

BACKGROUND
The City and Suburban Land Reserve, Inc. entered a development agreement (DA) dated October 11, 2006 and recorded January 22, 2007 as Entry No. 0207015743 in the office of the Kern County Recorder. The current DA guides the development of the Mission Lakes Specific Plan (MLSP) area, including rules for subdivision and collection of impacts fees.

The City and Owners entered a first amendment to the DA dated December 21, 2021 and recorded January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder. The City and Owners entered a second amendment to the DA dated June 21, 2022 and recorded June 24, 2022 as Entry No. 222099036. The City and Owners entered a third amendment to the DA dated October 18, 2022 and recorded on October 21, 2022 as Entry No. 222158348. The City and Owners entered a fourth amendment to the DA dated September 26, 2023 and recorded October 4, 2023 as Entry No. 223120768. The City and Owners entered a fifth amendment to the DA dated March 19, 2024 and recorded April 3, 2024 as Entry No. 224037018.

The fifth amendment to the DA is set to expire on October 22, 2024, and the Owners have requested an additional extension to keep the DA active while the City and Owners negotiate a long-term DA extension or new DA. The City has offered an additional six (6) month extension to allow for negotiations. The extension would not

Page 221 of 265 ends

ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER

APPROVING AND ADOPTING EXECUTION OF A SIXTH AMENDMENT TO THE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., 7th STANDARD RANCH INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC - 2 -
change any conditions in the DA other than to extend the date of expiration to April 22, 2025.

ANALYSIS
The proposed Ordinance been prepared as an urgency measure pursuant to California Government Code Section 36937(b) to protect the public peace, health, and safety because the MLSP and DA are considered critical projects for the City and a lapse in the DA would have significant detrimental impacts which cannot be easily remedied by other methods. Further, development of the property in accordance with the DA will provide substantial benefits to City and will further important policies and goals of City.

Additionally, the DA eliminates uncertainty in planning and provides for the orderly development of the property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the property, and generally serves the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended. These reasons justify adoption of this Ordinance as an urgency measure to be effective immediately upon adoption by a four-fifths vote of the City Council. A regular, non-urgency version of the ordinance will be processed concurrently with the adoption of the Urgency Ordinance in the manner provided by the planning and zoning laws and the City of Shafter Municipal Code.

Staff brings the Urgency Ordinance to the City Council for your consideration about whether to grant the requested six-month extension of the DA to allow for time to prepare a long-term DA extension or new DA for the Council’s consideration at a future date.

FISCAL IMPACT
There is no fiscal impact because of the proposed action.

CEQA ANALYSIS
Per Section 15601(b)(3) (Common Sense) of the California Environmental Quality Act (CEQA) Guidelines, the action is exempt from CEQA because the environmental analysis for the original DA already analyzed and mitigated, to the greatest extent possible, environmental impacts as required by CEQA. The six-month extension because of this sixth amendment does not result in an intensification of the identified impacts beyond what was previously analyzed. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

ALTERNATIVES
The City Council could deny the proposed action, the DA would not be amended, and it would expire on October 22, 2024.

NEXT STEPS

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ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER

APPROVING AND ADOPTING EXECUTION OF A SIXTH AMENDMENT TO THE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., 7th STANDARD RANCH INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC - 3 -
After approval of the amendment by the City Council, the next steps are to record the amendment and negotiate the terms of a revised or new DA.

ATTACHMENTS

1. Exhibit 1 - Urgency Ordinance No. 759

2. Exhibit A of Exhibit 1

3. Exhibit 2 - Recorded Fifth Amendment to DA

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Exhibit 1
ORDINANCE NO. 759

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA, APPROVING AND ADOPTING EXECUTION OF A SIXTH

AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., 7th STANDARD RANCH

INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC
WHEREAS, the City of Shafter and Suburban Land Reserve, Inc., entered into that certain Development Agreement (“DA”) dated October 11, 2006 and recorded January 22, 2007 as Entry No. 0207015743 in the office of the Kern County Recorder; and WHEREAS, the current DA guides the development of the Mission Lakes Specific Plan (“MLSP”) area as described in Exhibit “A” (“Property”), including rules for subdivision, phasing of public improvements, and collection of impacts fees; and WHEREAS, the portions of the Property subject to the DA, in addition to Suburban Land Reserve, Inc., is now owned by additional parties, namely 7th Standard Ranch Investors, LLC, a California limited liability company, and Lennar Homes of California, LLC, a California limited liability company (“Owners”); and
WHEREAS, the City and Owners entered a first amendment to the DA dated December 21, 2021 and recorded January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a second amendment to the DA dated June 21, 2022 and recorded June 24, 2022 as Entry No. 222099036 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a third amendment to the DA dated October 18, 2022 and recorded on October 21, 2022 as Entry No. 222158348 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a fourth amendment to the DA dated September 26, 2023 and recorded on October 4, 2023 as Entry No. 223120768 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a fifth amendment to the DA dated March 19, 2024 and recorded on April 3, 2024 as Entry No. 224037018 in the office of the Kern County Recorder; and
WHEREAS, the fourth amendment to the DA is set to expire on October 22, 2024; and WHEREAS, the Owners have requested that the term of the DA be extended; and WHEREAS, City and Owners are currently negotiating a long-term extension of the DA; and

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Shafter City Council Ordinance 759
October 15, 2024

Page 2 ends

WHEREAS, the City desires to amend the DA to extend the term by six (6) months in order to allow sufficient time to conclude negotiations; and WHEREAS, in order to ensure the development of the Property takes place and the DA is implemented, this Urgency Ordinance is adopted to extend the DA immediately so that it does not expire and the City can continue to work with Owner in the implementation of the DA; and WHEREAS, the extension of the DA is for the immediate preservation of the public peace, health, and safety because the MLSP and DA are considered critical projects for the City and a lapse in the DA would have significant detrimental impacts which cannot be easily remedied by other methods; and
WHEREAS, development of the Property in accordance with the DA will provide substantial benefits to City and will further important policies and goals of City; and WHEREAS, the DA eliminates uncertainty in planning and provides for the orderly development of the Property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the Project, and generally serves the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended; and
WHEREAS, Owners have incurred and will in the future incur substantial costs to assure development of the Property in accordance with the DA; and WHEREAS, Owners have incurred and will in the future incur substantial costs more than the generally applicable requirements to assure vesting of legal rights to develop the Property in accordance with the DA; and
WHEREAS, this Urgency Ordinance is adopted pursuant to California Government Code section 36937(b) and shall take effect immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, the amendment to the DA is consistent with the General Plan of the City of Shafter (“General Plan”) and the MLSP and contains all necessary elements required by Government Code section 65864 et. seq. and Title 15 of the City of Shafter Municipal Code as no substantive changes are proposed by the amendment; and
WHEREAS, the City Council of the City of Shafter has reviewed and studied the amendment to the Development Agreement and found it to comply with the California Environmental Quality Act (“CEQA”) as more fully described below.

THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby adopts the recitals in this Urgency Ordinance as Urgency Findings for its adoption. Based on the entire record before the City Council of the City of Shafter (“Council”) and all written and oral evidence presented to the Council, the Council

Page 225 of 265 ends

Shafter City Council Ordinance 759
October 15, 2024

Page 3 ends

finds the sixth amendment to the DA attached here to as Exhibit “A” (“Sixth Amendment”) is consistent with the General Plan and the MLSP area and systematically implements the goals and objectives of the General Plan and MLSP.

A. The Sixth Amendment is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and the MLSP. The Sixth Amendment will not be detrimental to the health safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to the general welfare of the residents of the City as a whole.

B. The Sixth Amendment will not adversely affect the orderly development of property or the preservation of property values.

C. The Sixth Amendment eliminates uncertainty in planning and provides for the orderly development of the Property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended.

D. The Sixth Amendment is consistent with the provisions of Government Code sections 65864 through 65869.5 and Title 15 of the Shafter Municipal Code.

SECTION 2. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council hereby finds and determines, that it can be seen with certainty that adoption of this Urgency Ordinance and approval of the Sixth Amendment will not have a significant adverse effect on the environment. Thus, the adoption of this Urgency Ordinance and approval of the Sixth Amendment is exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) of the CEQA Guidelines.

SECTION 3. The Council hereby approves the Sixth Amendment in substantially the form presented to the Council, together with such additions favoring the City and non-substantive revisions as may be approved by both the City Manager and the City Attorney during execution of the Sixth Amendment.

SECTION 4. The City Manager is hereby authorized to execute the Sixth Amendment on behalf of the City and City staff is authorized to take any action and execute any and all necessary documents to implement the Sixth Amendment.

SECTION 5. The City Clerk is directed to record the Sixth Amendment with the Kern County Recorder, no later than 10 days after the Sixth Amendment is fully executed.

SECTION 6. This Ordinance shall be in full force immediately upon its passage.

SECTION 7. A summary of this Ordinance shall be published in the manner required by law.

Page 226 of 265 ends

Shafter City Council Ordinance 759
October 15, 2024

Page 4 ends

PASSED, APPROVED AND ADOPTED this 15th day of October, 2024. ___________________________
Chad Givens, Mayor
ATTEST:
___________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
___________________________
Marco A. Martinez, City Attorney

Page 227 of 265 ends

Shafter City Council Ordinance 759
October 15, 2024

Page 5 ends

EXHIBIT “A”

SIXTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
Attached behind this page

Page 228 of 265 ends

RECORDING REQUESTED BY,
AFTER RECORDING RETURN TO:

City of Shafter
Attn: City Clerk
336 Pacific Ave.

Shafter, CA 93263
Exempt from filing fees per Gov’t Code §27383
(space above for Recorder’s use)

SIXTH AMENDMENT
TO

DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER
AND SUBURBAN LAND RESERVE, INC.

This SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC. (“Sixth Amendment”) is entered into effective as of the ____ day of _______________, 2024 (“Sixth Amendment Effective Date”), by and between CITY OF SHAFTER, a California municipal corporation and charter city (“City”) and SUBURBAN LAND RESERVE, INC., a Utah corporation, 7th Standard Ranch Investors, LLC., a California limited liability company, and Lennar Homes of California, LLC, a California limited liability company (“Owners”). The City and Owner are sometimes hereinafter referred to as a “Party” or the “Parties”.

RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a California municipal corporation and charter city, and Suburban Land Reserve, Inc., a Utah corporation, dated October 11, 2006, recorded January 22, 2007, as Entry No. 0207015743 in the office of the Kern County Recorder (“Development Agreement”).

C. The Parties entered into a first amendment to the Development Agreement dated December 21, 2021 and recorded on January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until July 6, 2022.

D. The Parties entered into a second amendment to the Development Agreement dated June 21, 2022 and recorded on June 24, 2022 as Entry No. 222099036 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22, 2022.

E. The Parties entered into a third amendment to the Development Agreement dated October 18, 2022 and recorded on October 21, 2022 as Entry No. 222158348 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22, 2023.

Exhibit "A"

Page 229 of 265 ends

F. The Parties entered into a fourth amendment to the Development Agreement dated September 26, 2023 and recorded on October 4, 2023 as Entry No. 223120768 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until April 22, 2024.

G. The Parties entered into a fifth amendment to the Development Agreement dated March 19, 2024 and recorded on April 3, 2024 as Entry No. 224037018 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22, 2024.

H. The Parties now wish to amend the Development Agreement to extend the term for six (6) months from the date of expiration.

AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owners agree to amend the Development Agreement as follows:

1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.

2. Term. Section 2.3 of the Development Agreement is hereby amended to read as follows:
“The term of this Agreement shall expire as of April 22, 2025, unless this term is modified or extended in writing by the Parties.”

3. Confirmation. Except as amended and revised by this Sixth Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this Sixth Amendment and the Development Agreement, this Sixth Amendment shall control. This Sixth Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.

IN WITNESS WHEREOF, City and Owner have executed this Sixth Amendment as of the Fifth Amendment Effective Date.
[Signatures and Acknowledgments Follow]

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EXHIBIT A
(Legal Description of the Property)

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Page 238 of 265 ends

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Page 241 of 265 ends

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Laura Avila. Assessor - Recorder
Kern Coung Otficial Records
Bocordod al lho rsqussl ol
Public
Foss
Taxes
0th6rs
PAID
CABRERAz
4t0912024
12: 53 PM
0,00
Doc#: 224037018 $ tat Typ6s: 1 Pages: 14

RECORDING REQLIESTED BY,
AFTER RECORDING RETURN TO:

City of Shafter
Attn: City Clerk
336 Pacific Ave.

Shafter, CA93263
Exempt from filing fees per Gov' t Code $ 27383
ilt ilililil] llilililtilil] ilt ll ]r

0.00 0.00

0.00 space abovefor Recorder' s use)

FIFTH AMENDMENT
TO

DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER
AND SUBURBAN LAND RESERVE, INC.

This FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC. (" Fifth Amendment") is entered into effective as of the l4]day of Marah , 2024 (" Fifth Amendment Effective Date"), by and between CITY OF SFIAFTER, a California municipal corporation and charter city ("City") and SUBURBAN LAND RESERVE, INC., a Utah corporation,7h Standard Ranch Investors, LLC., a California limited liability company, and Lennar Homes of California, LLC, a California limited liability company (" Owners"). The City and Owner are sometimes hereinafter referred to as a "Pafty" or the o'Patties".

RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a Califomia municipal corporation and charter city, and Suburban Land Reserve, Inc., a Utah corporation, dated Octob er 11, 2006, recorded January 22, 2007 , as Entry No. 0207075743 in the office of the Kern County Recorder (" Development Agreement").

B. The Development Agreement affects certain real property located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference Property")
C. The Parties entered into a first amendment to the Development Agreement dated December 21,2021 and recorded on January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until July 6,2022.

D. The Parties entered into a second amendment to the Development Agreement dated June 21, 2022 and recorded on June 24, 2022 as Entry No.222099036 in the office of the Kem County Recorder, binding the additional Owners and extending the Development Agreement until October 22,2022.

E. The Parties entered into a third amendment to the Development Agreement dated October 18,2022 and recorded on October 21,2022 as EntryNo. 222158348 inthe office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement unlil October 22, 2023.

RECORDERS MEMO: POOR RECORDED

REPRODUCTION DUE TO QUALITY OF
PRINT OR TYPE ON ORIGINAL DOCUMENT.

Exhibit 2

Page 243 of 265 ends

F. The Parties entered into a fourlh amendment to the Development Agreement dated September 26, 2023 and recorded on October 4, 2023 as Entry No. 223120768 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until April 22,2024.

G. The Parties now wish to amend the Development Agreement to extend the term for six ( 6) months from the date of expiration.

AMENDMENTS
NOW, THDREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, City and Owners agree to amend the Development Agreement as follows:

2. Term. Section 2.3 of the Development Agreement is hereby amended to read as follows:

The term of this Agreement shall expire as of October 22,2024, unless this term is modified or extended in writing by the Parties."

3. Confirmation. Except as amended and revised by this Fifth Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this Fifth Amendment and the Development Agreement, this Fifth Amendment shall control. This Fifth Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.

IN WITNESS WHEREOF, City and Owner have executed this Fifth Amendment as of the Fourth Amendment Effective Date.

Si gnatur e s and Aclcnow I edgm ent s Foll owJ

Page 244 of 265 ends

oo
OWNERS:

SUBURBAN LAND RESERVB,INC., AUtAh
corporation
Name:
7m Standard Ranch Investors LLC., aCalifornia
limited liability company
Name:

LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By
Name:

CITY
CITY OF SHAFTER, a Califomiamunicipal
and charter city
By
Its
By
Its
@ i"
inw"t+ocEo\ru'lIts
Chad Givens
City of Shafter Mayor
ATTEST:

Pallares

APPROVED AS TO FORM
Martinez
City Attorney

Page 245 of 265 ends

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, of of that document.

STATE OF UTAH

COUNTY OF KERN
On Lo ttwviLth t' Niclfivr Notary
Public, personally appeared who proved to me
on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that heishe/ they executed the authorized capacity( ies), and that bylQ/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERruRY under the laws of the State o paragraph is true and correct.
wfalf€clifuia
2r1/-
thatthe forgoing
WITNESS my hand and official seal.
ss
before me,
@

Page 246 of 265 ends

OWNERS
SUBURBAN LAND RESERVE, INC., a Utah
corporation
atw^ . t^ u (' vt^'wlzl
ro+il:,*'
By
7th Standard Ranch Investors LLC., a California
limited liability company
By:

JvNameO,
Its:&
h"uc.rta ;^ r*r*uY'+
LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By:

Name
Its:

CITY
CITY OF SHAFTER, a California municipal
corporation and charter
Chad Givens
City of Shafter Mayor
ATTEST
Pallares

APPROVED AS TO FORM
e\P-A'-\P. I
vur"o\rvr-rti"",\\
City Attorney

Page 247 of 265 ends

STATE OF CALIFORNIA

COUNTY OF KERN
On Tchtracw 54 . , f AOq , before me V in\o- ?* o.no Notary U
Public, personally appeared , Ol -. laaA eg6v'l , who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my and official seal
Notary Public
VtoU tofltto
ilotrfy Publk . C.titomia(
crn Ctunty
Connirrf. n ; 246i635
Crmm, Ery't* 29,2027
ss
I

Page 248 of 265 ends

iWL c ltL
OWNERS:

SUBURBAN LAND RESERVE, INC., a Utah
corporation
By:

Name:

Its:
7th Standard Ranch Investors LLC, a California
limited liability company
By:

Name:

Its:

LENNAR HOMES OF LLC., a
By
Name
Its
CITY:

CITY OF SIIAFTE\ a California municipal
corporation and charter
Chad Givens
City of Shafter Mayor
ATTEST:

Pallares
APPROVED AS TO FORM:
l- A *. 0,-;
gntvnWyu*
MarcoMartinez
City Attorney
Ir

Page 249 of 265 ends

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

State of California
County of Fresno )
On March 6,2024 before me, Christine.Collins, Notary Public personally appeared Mike Miller _, who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WTNESS my hand and officialseal
@"

CHRISTINE COLL'NS
Signature ( Seal)

Page 250 of 265 ends

EXHIBIT A
Legal Description of the Property)

Page 251 of 265 ends

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Ptds lo au|| sfifiA ei$ uE lul0d I o,r lsq t,f{g rEfJti A0EDEE l$J€${ oflrr{s !rr4 g'1fr9 lffsfit,l8sEE tltloH S?r"iql * rEl g9tl l$&lt.ErI ql,fqf Gru. r$ lrbrytrEtr**# lnt$nfE qtJot{ € orroqf tgE m$,cr$ SFr to rsrror ftqr,il{$Ud dql Ja Fslt"fi*u6g UrrryU l'*tr E,f I I ] gg uo;l*s$ Flrrlo rutqnaS 0$ ua uffod sre frfr*f$ng -:
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i
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uElplrqil oFls{ tt $ notlt' tfiBlt BE f,[uq{ 'wl6g gg d|!Fu,ro1'gE ua*lac$ ts uoflrod ttqr lV FW- S{}OlE- I6o f&sfr$trGt-06}. Ifft! :StrtdVl i I lsortd

Page 252 of 265 ends

thence Florth S4rl$l'0?" Earl, 40.O$ last; thsneE $ suth SE o[B'8"3' East, 6-15 feet to derignat* d Folnt A, ths trua point of befinnim.

Abu grqapllry tharsfrsnr afl krteru$ tc con$Eycd fo Tcrmsco Otl Compilny. r Balnware gsrporail+ n, ln Aarlgnrnent lnd Conveyanre thereuf rcror{ Fd Hsvemb€ r I S. 1988,, ln Esqk 010$. Fr6e I 167, sf OffifiId Rsegrde, urhich lntaruts cen ho brh'fly sunmarized as all oll. ga3 and otncr UqttO and grseow frydrocsrbons, ond ln oddiilun thsrgto carbori dloxldsr hydrogsnr hafium, dtrogen, msthtns. stlfur fin ssch cruq Ft € fthec llguid or gsssoug forml and rny o,thu f;guid € r gl$€sus $llbgtsncss, hert or olhg]wtr86, of stryi of lfisffi, end any minerels or oth6r substnncss ptuducrd ln suowlatlon lhstewhh l"Hydrpsgrbong" l ln, qn of under rho Humise$, togflhEr wttfi rllrlslrt& prhlhgen, duties and rEsponsHlltleE ln sny wey lslatad t}1€reto. ll is ectnowladned ftal thle resirration i* fully set forth in rh6 co4vglrensp 6fsrsd t* flhov* and that lillo i$ sublncr lo thtt conuefencg arrd not subleet to thlg surnmsry whlch ig fsr corxrcnicneo onty. Seid Aselgnrunt a'nd Corrrrgyrnce sra$ etarilied hy Fir*t Arnsftdmunt therqol record, ed Janutry ' 17. lgg$, in Esoh B3OO, PpEe t$S8, nf Olfhial Reeords"
Farce! $: IAP{rl$: OBt -1 gS-e0{0{;09 t - | 9S-?$^OS-$;091- | S0. 2S" O0' Ewd 0gr-t 90-s0.fi0-7,
Ttre Ea$t half ol S*qthn 34, Tqrvnship ZB $outh, Rangt 2E Eacl, filounl Diablo Merldian, ln ths uninrafpgrilted arga tl llro Gounty cl !{ern, Sts: c ol Califiornla, aceording t$ the offislat plat thereol.

Exceptirq thetgfrom all inlcrosts conneynd to Tanneeo Oil ConT pany, I D*lFwirre corporation. in Artignmsnt trd Conuoynnoe thsrool recordgd Hsvemher 1S. 1$fi8, in E+oh Stg3, Fage t 1fi7, of Oltlcial Hecords, wl'lich intarsets can b,e br{slly rumrnarirrd a,s all oll. gas and ather liquld and gasgour hydrocarbtrns, ind hl addltlon th+rsts carbon dioxtde. fiydrogen. heliurn. nitrtlgen, ffiGlhans. * ulfur lin sach ssso ln Glth€ r ltttuit! ur ga$Fous fsrml and any nthor lieuid 0r Sa$*ous subFttnFss. inFrl or olhsrwlf$: { ? ny ol thsm, and eny
min€rot$ qr orn€ r Eubstqnces prsduced in assomation theretrylth i"Htdrccarbons" l in. on oJ rneter ths premlsss" to$rthor with ofl righls, prlvHesen, dntic* and r*sponslbiHttar in any wey rallr*d thgrrt{ r. lt lc ocknowledgwl rhpl thir rsmrvatl+ n ts fullv s€t furth in thg corsyancs rufsrsd ts abova and rhat title b ilbiecl !o rhil csnutyance and nst subiect to this sutrrrlry which i* tgf GotffFnignct nnty. $ uld A*$ g*mont afid Csrwsysnsa rr'lls cl*rified hy Firct Arncn& rent th€faot tecordgd January 17, l g$g, in Book 62OO" Page
lso8, of Ollieial Reesrda
Frrcel 4: tr{Ft{$: Ge I - | 90LSX' 00- O; 09 l' I 90'S?- OO. 3; 09 1 - I gCI-3
3-00.8 &
ost-rgrFfr4" oo*$l
Lote 1 ttuoqh 32, irrtrpive, ol Saclion 36, Townohip 28 Soufrr. Fange ZE Ecst, Mqunt Diablo Mrridian, ln the unincorpqletsd 8rq! of fis County sf lcern, $ tate uf Cslttornfa, er Slcwn sn thp Sdar ilbF of Lrndr of Ksm Cg{firf Lend Compilry, df,tcd Anr$ 4, 1894 rnd lllsd Mry 3, lSg4 in rho offrce of tha lfurn Caunty Rmord* r.

Gxuaptins thatefronr rll Interssi* cqrsrsttsd t0 T*nfisco Ol Carnprny, a flelmrare wrp+refiun, in Aedgnensnt end Cclrtreyanns thtratrf recordad luovdnser 18. tggB, in Book 6l Bg, Frge I 1fi7" sf Offlclnl Hssord$. whloh lm[r*st$ can ba hrlsfly cummslrrd le ell otrl, ga* and nthrr ltquld ard gnmou* ! ilfllrceartonq sd ln addl$un thsrsto cnr[fir dtexidt, irydmgon, hilh$ n, nhrogan, mstftant, st"{fir ltn oaqh ctst ln ulthar llqdd or gi.rro[ rfi] fuirnl snd rny o'lh*r liquH er g€isor,.Er cilhststcfs, lnrt sr mhrrwkr. o. sny of them, rnd any mlrrnreb ur sfrrer aub* tanser Ftetrlcad ln aes{ dgtbn tlulewilh l*Hy& ocmbone* l ln, on trr und6r ftr preml*e, togffref with rl dghte, prtvilogas, dsdsc and ra*ponalbifit$sr ln rny way r+letod thploto" [ t ls ccftFovnlodgad that thls r€ssrvotlori lr ftd$ aet ftfth ln th+ ctrnu$ yanso rsfsnEd to o{ova ernd ihel rlfie lr $Lq#r to thst conueyancp and rrcl subloct to fiis. sunmsry whfch b for eonvenisnce only. $ald Arrigwnent snd Son$ eyfrn6s wfs cladlle d by Srst {maridmont thftr€ Ff rssqrdsd Janmty 17, tg8'$, ln Fook 83$tl, Faga 1908, ol Olficlrl Hecords.

Page 253 of 265 ends

Pareel 5; IAFH Sr O$1 - I $ il*l tr " 0SI;0$ t . I Str, 1 5.00-il.; 0€ I - 1*$O3{iO-7; Og 1'?{O-Ol-t}0"7 untl 0Sl - I4FO$' 0S-S}
All that portion ol $ecdon 38" Townsh$ Afi $0E th, Eengo ? ff ErFl, h|tunt Diabla Msridlrn, ln lha unlneorp* ratsd srn* * f thp Saumy of HHn Strte of Galifsrnir, andmdlng to rhf, offieial Flar rh6rs0f" tuffi ${ssrafly of thq * n+torly bsindary lins ol ths rlgilrt of rryay sf rht Ca}Jor,usy Can* doesibd as follo,tust
Begfinning st r Fdnt on t'rs North ltne of seid $ rctlon 38" I 114, 3? f€,Et Horth Bg eSg' E!#t fro- m ths-n+rthwsrt rornsr sf srld $ setlbn 36i th*nns Sourh 3Ss36'En*t S$7.8frsr; tfiume fig+fih 4. qF4. ErFl" 4O5. 718fit, fienfr Euutfr g4s$' F€s!, ? fifi"E fss* lhEn$ t outh $ sgf ' Wq*t, 4SA.S tssu thsnes ficsth tfrs l{i" WBsl, fgO. O fanU fhri}Es Sautfr 38o2' llvssr. gI4.X fa**; thensu $ eu*r sSo4$'Wn$|, tE4, g fsrl; thanm $ Hrth lS{2fi' Wast, l3?.}fssfi thrnee $ otrth $s40'Erst{69.1t*6r; rhencb South illos}tWeet, . tS9- 4 feut; thsffis Souilr lrl€5l'W6*t, t t0.l feffi rhirtc* sst Nh T Isg'East" | f,X.T fs*t; thancr uth 4$sgt'EaEt" fi81. 4 Jret; thrm* Ssuth TSDII'Erst H38. 8 t*qtj thdrrss Sfirth 64lut3' Fast, 3IS"?lsst; tfitrnci 6outh Stl{'Extrt, l$F.4fEEt tCI N point rn tha Sauth line nl sald $ sction 3S.

E:weptlng thqmfrom iho*r csrtrin parcck ns convayvd tu tha l{orth i(lsrn Water $ torngr Di. strict s falilornia witff storrge dlgtrht, [ n dsad r,soordpd lUttruh ll8FT in gsok 4742, Pags 5lS, ot Oflicial fteoords, lueatp$ ln ths Wast hrif ul said Sectlon 3f, mote pn:t$culsrfy d*raribnd a+ folowr;
WFLI 4 E 3fi.I
Parccl lr
Bqsinning 0r tho $ outhve€*t curnar of * nid Seclion SS; thsncu Eacl 1O$9.5O feqt alon$ iha golttr line of rnid +eclicn; theffia lsolth 317. S0 f€et. rnnrs or lcrs, ts tfrg trus Boirrt o[ beginning, hersifigfler rolerr* d tc tc Folnt " AU"i thsncq Wsst, ?S"O0 fgFt; th*nFo I'lorth, XS,00 lesu thsncs Easl, t$.o0 fsst; th+:!ce soulh. es" SO lset tr lhs iluH pnlnt of hsslnnlng.

Excoprlng rflsrehorn lhat Fsrtfotr lylng vrrlthin thr right- nf-n'ay ct Cnlloway Eanll.

Farcel ll:

A etriB E! land t*n l10l fsct in wldth, tfle csntfflFtfl of rvFfch l* drscribad rs fulhyrs:

Esgfinnlng it ths abow" mrndqnad Folnt ' A!1. thanec l{orfrli 13.7I lsst to the true Fdittt ol haghnlns; trenes l'lor$ 8Sn4F' Crfl; 1O" 60 fsst'
Exccpting thtnafrom thnt portFon of a$d efip lyhg withln thn ilght.Ef-wry { f Cnllrwny Sahal.
wELt rr E ss-l
Farur! h
Baginnhg at tha qsuthn" csrt f,omsr of rsh] srcdon X0; thrlns EEff, gl*,FOfart along tfir solth llni of llE **ctlunr thsnc! llartfh 91fl7,$ O frst, rllrotrF or lw, ln lhr trur pqlnt sf be$rimlng, tnrefurrftsr rsfsrrsd tu r* Foilrt " AV'l tltanffi Ytlq*t" Afi.00lsat thensn t'lorth, lE;o0 frrt; thlnca Fil#tr gS,Oo tratl thsnm Sorrth, g$,W fset to lhs trut polnt s* boginning.

Pruel llr
A sfrlp of land ten llt}} fcqt kr wldth, th6 ssfltsdln* of wtt& h l* dsscllbld as follsw*r

Page 254 of 265 ends

Eeglnnl* g ar lhe abore-rngntifintd Foint "AV'r thsncs Honh, S.66 lcet tp the rua psint ol boslmim; tfrsrmc Satlth 61s18'Ewt, tO.?6 fstti thencc South 68s02' Easr,. t3$.O0 fe*r" rnora ol hcs, ffid"ternrinatlnf at ths in*H* shsrrH* r of thr lMssi fo*nk of thr Calloway eanal, thn erdr finsr uf sald rtflp to ba o*tFndsd tr Srortansd Io hsgh'l at fi0 borndsy ol Frmal I rnd snd rr the ins$da sfprddcr ol $ n Vyes{ banh oltrre Galloyvey' Canrl.

Fxaoprtng thsril{ mm that Fordon of sdid str{p lylng w}thin tha right- o{-wf,y of thr frnll+ wer Ganal.
vtlEtt 4 E Sfr-3
Farcul h
Baglrnhg aI ths nsrthyuast efirner sf sail Srclton 38. lhenee $& tth I fri I.SO feot slong lhe WEst lina al *uH * wrlon; lhsflne Easr. lS$S, S0fest firor€ sr lsss tn thr tnn pcint of beginninp, finr*inrfter rsfensd ts n* Foiflt " AVrFl thenco 8outh, 2F.0S fset; rhrnr€ Ws*t.

Ag:0O laeu tlronce f.fofih, 25" 00 fsat; tlrsncF GsEtn 9fi.*0 faor lo lfrb true Botnn ol b+ginning,
Parccl ll:

A *tnp of lsfid ten { l0l tent in .wldth. tlte cenlerltne sl which is dsscr} bsd as lo.ltowe:

Beginrrrng frt lhg abovs.rn6r*l,loncd Folnt " AW'. thsnco $ outh. l.S"58lset to the rua polnr of beghning; thsncb $ oulh g6o$ e' € ast. 9,$3 fegt; thenco South 8So ! g' Et*t. 49.OS fgel morsbr Hgi. gnd t*HnlnatLrc at th€ lflsJde loo of th€ \ fr/Est banlt of thc CT-l Canal, lhs side ltngs uf ssH strlp to b€ G)'ctcnded or shsrtsnnd lo begh at the, bot ndrry of Forcel I and errd rt rhe ins$s6 tpe sl the wsst bank of ths GT- l cgnal, Excepting thsr* frorn thst portlon rrf s*ld s'trlp ll/ln$ withtrr thr rlgrtrt-of-vtslr sf the frallolflrry Cannl.
wEtL 4
g

36. 4
Fucel l:

Segtrning st tho llonhwect + omo{ af esid $ petion SB, thencs South, 1 14,50 feat oleng the f4rgat finq of gald sgctlon; tftsnss Eert, S34. f0faqt nure 0r l*s* tu the rrue point of haglmhg, hsrelnaltet refarrcd lo at Pslnl ' AX': thcflet $ outh, 3S.O0 fa,et; thsr*s lVesl, ldo0 {aer; thEnsa l{onh, gS.S0 fest; thonoe ftfi, e$,o0 fsol to ttis truo potrtt of b*gnnlng.

Frrcst ll:

A sufp sl hrid t6n llol fs.ct ln rtn+ tr, ths c*ntlrfno ol whlch k de$orib{ d uc follsws:

Eaglnning at tllr FboryB-manllantd ProfT! ' AI('. dtance S0{4h S.f8 f€{'t to fia nm point ol bogFrnhft rlrrrrca I'l6dh $ lae,A'Eilft, 8,76 fa*ri fiance l{orth 8.lF*l'8ffi1. 5S"OO fuot rr*prr sr tes$, ard t€r.nhiiln4 at thl lneldr tw of lhn wqrt bsrils of tM Cf't Crnol, tha stda mdil 1*ret cf said sfilp b bs E$€Oded ar rhortsrpd to bogln sl fto bam{ ry sf Farsrt I andtht ln*ldu ras of * 1r wnrt tant of tfir CT-l Cmel, Ercmtlng tharcfrsm thtt Fordsn ol esld strlF hFtg wltlrtn tha rifit+f-way of the Caltorarry CpnJ.

Aluo erwapttng ttror* frnm all lnlwagts Fslil/ qlmd to Tanncco Oil CsmFffIy, r DolrwsiE ccrpoffition. ln Ar*l[nmsnt md convoyance thereof rgcordrd lrls, vtmbff 14, I p88. in gook
g
l8S, Fage t 187, of Oilficid Racords. whicfi Filsmst* crn be brt€illy *rrnmsriesd ss rll oll, gr* rnd sltrrr ltqutd rnd ffatlour hydrscrrbans. ard tn addltlsn tfisr-stE carboo doxtda.

Page 255 of 265 ends

de4' 6sss * 6os ur'Esgi ,{ r
tren*'p p'g'o$ rs'rtrrr r*fimT$ffiiilf,lftl
sqJ$ ocuE' trnuo3 pur uilllnqsqu ppg .46rro ssuHr, rE,lurr sl $l qsll"l,fn rtrHutrnr elql sr lsrfqnn lfiu Fur rurefiqauFr lEql of wshn$ q qt$ g{f pn lfiEqt fl per.isJ8 teu[ tfrJtu{l$ qr q i{uE| rns Iilru q uqtnrrl3ssiirul rhrir prndqriror" rws 8l1l ' glf,tryl inilqe.l rt**r
dttr ui*eirytmg'roeor prli qqnnF' rcEnglFo ' flqfr$ It qt!r.r- . tc4rr6or nmr$rmd 0{l roFuh Jo uo'ul fsqtq$flol$ll|frl rHrun el|luoilElcossE t4 ps$n0o, d rr*lBlrqll€ rclll0 Io qerguFr itn gr,turi61o rtur-ri r*fr*.mfloro lid4'*rsuglnqlt snor*aBro FRbll rs$o,ttle gue l:uratinorse6 io'pfnqf ffi$p 14 s*irqrne uf rnflnreueqteur tre0o. tqu'ulnilq ttt0ory,&l

Page 256 of 265 ends

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Randy Milligan, Acting Chief of Police
SUBJECT: APPROVAL OF THE ADOPTION OF AN UNMANNED AERIAL

SYSTEM (UAS OR DRONE) PROGRAM

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and approve the adoption of an Unmanned Aerial System (UAS or Drone) program.

BACKGROUND
Small, remotely operated Unmanned Aerial System (UAS), also commonly referred to as drones, are an efficient and effective way of providing law enforcement critical information for emergency situations or conducting criminal investigations. Drones continue to evolve and have become very popular and an agency standard for several police departments. In today’s rapidly advancing world, drones for law enforcement have reformed the way agencies operate, ensuring safer communities. From highintensity situations to meticulous data gathering without risking officer safety, accident reconstruction after major traffic incidents, and providing real-time intelligence to officers such as during hostage or barricade situations, police service drones offer a plethora of benefits. Drone technology has improved significantly over the last five years making the use of such equipment an essential part of law enforcement operations nationwide.

To operate a drone, assigned-officers to the program will need to obtain an FAA Part 107 Remote Pilot License. Officers will also need to train regularly in a variety of locations and settings to ensure operational efficiency. All training and deployments will be documented with the use of DroneSense software, and the records will need to be maintained by the police department and subject to review by the FAA. Additionally, pilots are subject to FAA regulations related to airspace use and will be subject to the Shafter Police Policy on UAS Operations.

ANALYSIS
Since November 2023, the Police Department has been building a UAS program. Staff believe there is a need for a drone to be quickly deployed to assist staff in enhancing public safety. The drone will be used to provide aerial support during emergency police operations and provide an added layer of transparency and accountability by recording aerial video of these incidents. The drone will utilize a high-definition camera and/or forward-looking infrared (FLIR) camera system to provide real-time situational

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APPROVAL OF THE ADOPTION OF AN UNMANNED AERIAL SYSTEM (UAS OR DRONE)

PROGRAM
- 2 -
awareness, which will help public safety officers locate suspects and victims. The drone will also assist in crime scene reconstruction and disaster management. The drone will have the added benefit of enhancing the safety of first responders by limiting their exposure to unknown situations. The drone can be used to document crime/accident scenes, photograph transient camps, map railroad clean-ups, search for lost/missing persons, and monitor fireworks violations.

With the approved use of ARPA funds, the Police Department purchased (1) DJI Mavic 3 drone with supporting software from DroneSence, Inc. This UAS is portable and can be quickly put into service to aid officers. Currently, we have one officer who has completed the necessary training and has obtained the skills needed to operate the UAS. There is a plan to purchase two more drones and train additional personnel with the use of funds recently received for the Fentanyl Misuse and Overdose Prevention Task Force Fund. A budget proposal was prepared that outlined the use of the funds for the purchase of two drones.

The City of Shafter has grown to over 21,000 residents and is continuing to grow with development. The city encompasses 38 square miles, with a large portion of it being agriculture. The City experiences extreme weather conditions, where temperatures range from 39 degrees to over 100 degrees. The climate and landscape of the city create a unique and ideal location where the use of an aerial photography platform can become a vital asset to both the community and surrounding neighbors. The concept of a Shafter Police Unmanned Aerial Systems program would be to utilize the device in the following major categories:

Barricaded Suspects
Active Shooter Mass Casualty Incidents
Hostage Situations
Crime Scene Investigations
Search & Rescue Operations
Fires
Disaster Management
Critical Missing Persons Investigations
CBRNE Incident (chemical, biological, radiological, nuclear, and explosive) Supporting Search and Arrest Warrant Operations
Perimeter Searches and Security for Armed and/or Felony Suspects Routine Training (public places)
Missing Persons/Search and Rescue
The City’s increasing population includes an aging segment of the community with two Nursing Home facilities that house Alzheimer’s and Dementia patients. Often, people who suffer from these ailments are prone to wander. Rural areas with extreme weather can create dangerous situations for these people if not quickly located. The UAS has the potential to reduce hours spent searching for missing persons by locating them promptly and efficiently. Should a thermal imaging camera be acquired, it would give the platform unrivaled day and night capabilities.

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APPROVAL OF THE ADOPTION OF AN UNMANNED AERIAL SYSTEM (UAS OR DRONE)

PROGRAM
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Event Planning and Monitoring
Events such as the 3rd of July Fireworks Show draw thousands of residents and visitors every year. The planning of such an event can be aided by using the photographic and mapping equipment of a UAS. The same system can be used to monitor city events, giving officers real-time information as to the nature and location of any occurrence within an event’s boundaries.

Suspect Tracking
UAS can aid in the tracking of suspects who have fled from a fresh crime scene or have fled from a vehicle or location from officers. With the same rural and urban areas, officers are required to track suspects in dense brush or in our more populated areas; a swift apprehension benefits the public safety of our residents.

School District
Within the City, there are three school campuses under the Richland School District and one high school under the Kern High School District. There are 3 elementary schools and charter schools (Grow Academy) in the city that serve K-8th grade students. The UAS could be available upon request to assist the schools and district with large events, special planning, and active shooter incidents.

FISCAL IMPACT
There is no fiscal impact to the General Fund and any proposed costs associated with this UAS Program were applied to the ARPA Funds which allowed for the purchase of the UAV Drone and equipment.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines because the action is the adoption of a UAS or drone program and therefore, it is considered general policy and procedure making and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES

1. Do not approve the adoption of an Unmanned Aerial System (UAS or Drone) program. Not Recommended

NEXT STEPS
If City Council approves the drone program, the UAS policy will be implemented for use.

ATTACHMENTS

1. Unmanned_Aerial_System DRAFT

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Published with permission by Shafter Police Department ***DRAFT*** Unmanned Aerial System - 1 Unmanned Aerial System
613.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 613.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

Unmanned Aircraft System Operator - The operator exercises control over the unmanned aircraft during flight. The operator will be ultimately responsible for the operation and solely responsible for the input of commands/operating during flight. The operator must meet the standards required by the Federal Aviation Administration (FAA) in order to operate the UAS.

Operators are authorized to evaluate and accept or decline any mission or portion thereof due to safety concerns.

Unmanned Aircraft System Observer - The observer is responsible for maintaining visual observation of the UAS while in flight and alert the operator of any conditions (obstructions, terrain, air traffic, weather, etc.) which affect the safety of the flight. The observer will be responsible for all aviation-related communications required by the FAA. To accomplish this, the observer will be in close proximity to the operator of the UAS. The observer shall meet the standards required by the FAA.

Certificate of Waiver or Authorization (COA) - The COA is given by the FAA and grants permission to fly within specific boundaries and perimeters. The Shafter Police Department will maintain current COA's consistent with FA regulations.
613.2 POLICY
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property. The UAS will also be used to support community outreach, recruitment and engagement. when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations and the Shafter Police Department policy.

The use of a UAS can support first responders in situations which would benefit from the aerial perspective and enable responders to detect dangers that could otherwise not be seen. In addition to Planning, Research and Training (PRT) presentations, recruitment, and approved training missions.

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Published with permission by Shafter Police Department ***DRAFT*** Unmanned Aerial System - 2 613.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy.

Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

UAS pilots will record all flights and later upload data to evidence.com. Depending on the nature of the investigation or what is captured, the images/videos will be restricted within evidence.com to protect the privacy of the individual or situation recorded. 613.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and the requirements of Part 107 of the Federal Aviation Regulations are followed.
• Ensuring that all authorized operators and observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.
• Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life).
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment. • Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities. • Developing a protocol for fully documenting all missions. • Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as

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Published with permission by Shafter Police Department ***DRAFT*** Unmanned Aerial System - 3 evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
• Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
• Ensuring that all authorized UAS equipment, defined under Goverment Code 7070, is compliant with SPD Policy 710 - Military Use Policy.
613.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should only be conducted consistent with FAA regulations.

UAS deployment will be considered when an aerial view would assist officers or incident commanders during, but not limited to, the included following occurrences:
• Accident Investigations
• Missing Persons Investigations
• Search and Rescue Operations
• Narcotics Investigations
• Fires
• Disaster Management
• Crowd Control Situations
• Search Warrants
• Crime Scenes
• Supporting Criminal Investigations

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Published with permission by Shafter Police Department ***DRAFT*** Unmanned Aerial System - 4 • Perimeter Searches and Security
• Enhance Situational Awareness
• Routine Training
• Community Relations Unit Presentations
• Planning, Research and Training Presentations and/or Recruitment 613.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. • To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.

The UAS shall not be weaponized.
613.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.

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MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: October 15, 2024
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: DISCUSSION AND DIRECTION ON PROPOSAL FOR ANNUAL DISCRETIONARY ALLOCATION OF $4,000 PER COUNCIL

MEMBER FOR COMMUNITY EVENTS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; that the City Council consider the proposal and provide feedback to the management team regarding an annual discretionary allocation of $4,000 per Council Member for various community events.

BACKGROUND
The City Council's Department Budget currently has an approved budget of $40,000 allocated for community events for the fiscal year. Historically, these funds have been utilized to support a wide range of community initiatives that promote civic engagement and enhance the quality of life for our residents.

Pending commitments for city branding initiatives are anticipated; however, these expenses can be accommodated through unspent funds carried over from the prior fiscal year. Therefore, no additional budget action is required at this time.

ANALYSIS
To enhance the Council members' ability to directly support and engage in community events, the management team is proposing that each of the five Council members receive an annual discretionary allocation of $4,000. This would total $20,000, which would come from the existing $40,000 community events budget within the City Council's Department.

The remaining $20,000 would continue to be managed by the City Manager's Department for city-wide community events and initiatives. Council members would have the flexibility to direct their allocations toward events and programs that address the unique needs and interests of their constituents. Additionally, Council members may choose to combine their discretionary funds to support larger community events, fostering collaboration and maximizing the impact of the allocated resources.

The management team is seeking feedback from the City Council on this proposal to determine if Council members would consider this allocation method beneficial for

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DISCUSSION AND DIRECTION ON PROPOSAL FOR ANNUAL DISCRETIONARY ALLOCATION OF $4,000 PER COUNCIL MEMBER FOR COMMUNITY EVENTS
- 2 -
supporting community events. Funding anticipated under this item is not intended to be carried over year to year.

FISCAL IMPACT
There is no fiscal impact or need for a budget amendment. The proposed allocations are within the existing approved budget:
▪ Total Community Promotion Budget: $40,000
o City Manager's Department Allocation: $20,000
o Council Members' Discretionary Allocations: $20,000 ($4,000 per Council Member)
Pending city branding commitments will be funded through unspent funds (approximately $27,000) from the prior fiscal year through a one-time budget adjustment, ensuring that all initiatives are adequately supported without additional financial requirements.

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 $4,000 annual discretionary allocation per Council Member for community events and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
Maintain Existing Budget Structure: If the City Council decides not to implement the proposed discretionary allocations, the current practice will continue. The entire $40,000 community events budget will remain consolidated under the City Council's Department Budget, allowing for centralized management of funds for city-wide community events and initiatives.

NEXT STEPS
Based on the feedback and direction provided by the Council Members, the management team will proceed to modify the budget allocations to include dedicated line items for each Council Member. This will allow for individual discretionary funds of $4,000 per member within the existing community events budget.

ATTACHMENTS
None

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Shafter City CouncilOctober 15, 2024

Shafter City Council
October 15, 2024