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approved by the City
95, Landscaping plumbing & electrical shall be designed for all phases of the tract.
Plastic sleeves, minimum four(4) inches diameterschedule 40 pipe, shall be installed under proposed streets where landscaping waterlines or control wires pass under the street.
Developer shall place the entire subdivision within a new or pre-existing Landscape/Lighting Maintenance District, prior to recordation of the final map. (a.) The maintenance district shall be set-up to cover the cost of street lighting, drainage basin maintenance, and landscaping maintenance, as well as all administrative costs associated with the City's management of the district,
(b.) The Developer shall be required to cover the cost of street lighting, maintain all landscaping, including the replacement of any trees or shrubs that do not survive, within public right-otway and landscape easements for a period of six (6) months after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last.
(c.) Developer shall be fully responsible for the formation, and formation cost of the Landscape/Lighting Maintenance District, as directed by the City Engineer. (d,) Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the street lights until such time as the maintenance district is formed.
PLANNING
All development shall be in conformance with the Orchard Park Specific Plan and Shafter Development Code, as applicable.
ln lieu of the construction of alleys, Developer shall pay refuse capacity fee as required by Ordinance No. 35'1, Refuse capacity fee shall be due and payable prior to recordation of a Final Map.
The Shafter-Wasco lrrigation District (SWID) has two turnouts (2-1 ,6s and2.1,Bs) on the subject site, Prior to recordation of Tract 6614, or any phase of Tract 6614 adjacent to said turnout pipes, developer must make a request to the SWID Board to remove the outlets at developers expense and in coordination with SWID time frames. Priorto commencing any work, developershould Contact Ron Sutton (Field Superintendent) with SWID to review construction requirements adjacent to and over SWID pipelines.
101 All architecturalfeatures and house sizes of each single-family residence shall be in compliance with the Orchard Park Specific Plan and approved by the Shafter Planning Department prior to issuance of each building permit. All landscaping requirements set forth in Section 2,80, Chapter 2, Title 17 of the Shafter Municipal Code (Design Review) shall be adhered to. All roofs constructed within TT 6614 shall be of concrete tile or Prestique I High Definition manufactured by ELK Corporation in Shafter, its equivalent, or better,
102. All roof-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as much as practicalfrom view from public streets.
98. 99.
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103, With theexception of model houses, as provided in Section 3.080, Chapter3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until TT 6614 has been recorded pursuant to the requirements of Title 16 (Subdivision Ordinance) and Title 17 (Zoning Ordinance) of the Shafter Municipal Code.
104 "Park Lane" and "Aspen" are street names currently used in City limits, "Tamarack" is similar to "Tamara" which is a current street name, Prior to recordation of Tract 6614, or any phase which includes the noted street names, developer shall provide additional street names to City staff for checking with the Shafter Police Department.
105 The developer of Tract 6614 shall comply with all San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) requirements while grading and developing the site. lt is the developers responsibility to contact the SJVUAPCD to determine which requirements/rules the developer must comply with.
106 At the time of issuance of building permits for single family dwellings within Tract 6614, developer shall pay $5,700 per single family dwelling unit or an amount that may subsequently be adopted by the Shafter City Council, whichever is less as a traffic impact fee, 107 Fiber to the Home lnfrastructure. CITY intends to deploy a CITY-owned high-speed "Fiber to the Home" network. Prior to recordation of Tract 6614, or any phase of Tract 6614, the Developer shall provide in ground conduit and necessary appurtenances within the tract and within arterial and collector roads adjacent to Tract 6614, (or any phase of Tract 6614) in order to implement the City's Fiber to the Home infrastructure project.
108, Public Safety Funding Mechanism. At the time of building permit issuance for single family dwellings within Tract 6614, developer shall pay to City the following public safety fees, consisting of the following two (2) components: (1) a one-time public safety fee of three hundred dollars ($300.00) per dwelling unit, plus twenty cents ($.20) per square foot of such dwelling unit; and 2) an ongoing, annual levy of: (a) three hundred fifty ($350.00) per dwelling unit for single family dwelling units. Developer will cooperate with CITY in the formation of one or more funding mechanisms, including without limitation, one or more assessment districts, community facilities districts, capital facility fee program, or other financing mechanism (individually a "Funding Mechanism") for the purpose of financing such public safety fees for the Project, The Funding Mechanism shall be formed prior to the recordation of the first final map for the Project or all acts necessary to be taken by the Developer to cause to be formed orjoined the Funding Mechanism shall have been taken priorto the recordation of the firstfinal map for the Project, Any such Funding Mechanism shall for the ongoing annual levy, including, at a minimum, an automatic increase over the levy for the immediately preceding levy, to the extent permitted under applicable law,
At the time of issuance of the 50th building permit for the tract or any combination of phases related to Tract 66'14, the developer shall begin construction of the park improvements, The park shall be fully constructed by Developer within 8 months of beginning construction on the park, The term "fully constructed" used above shall include the supply & construction of the following amenities:
(a) Fully automatic irrigation system including water services, backflow preventers, pumps, timers, automatic control valves, piping, fittings, sprinklers, all supplied and installed in accordance with city standards.
(b) Grass, turf, and plants in dedicated landscaping areas. 109
O) Sewer & water service for future public restroom facilities at locations approved by the City Engineer
þ.) 2a inch box trees
(f.) Playground areas
(9,) Covered Picnic tables / Barbeque equipment
The term "fully operable" used above shall mean that all hardware or equipment supplied has been installed in accordance with City Standards or manufacturer's requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the city of the public in general,
Development of the park by developer shall be considered 100% credit for all City park and Quimby fees.
1 10. The term "accepted by the City of Shafter City Council" shall mean that a NOTICE OF COMPLETION AND ACCEPTANCE OF WORK has been filed and recorded on behalf of the park project via action by the City Council of the City of Shafter, 111, Developer shall submit plans for the park to the Planning Director and City Engineer showing all amenities required by the Orchard Park Specific Plan. Park Plans, including grading and landscaping plans, shall be sufficiently detailed to allow the city to approved the design and equipment or materials specified.
112 Prior to recordation of Tract 6614, or any phases of Tract 6614 adjacent to Fresno Avenue and/or Beech Avenue, developer shall contact Jerry Alvarez with Southern California Gas Company to determine the impact of this tract map upon southern California Gas company facilities located within Beech Avenue and Fresno Avenue.
113 Prior to any excavation work on site, developer shall contact Vintage Petroleum and the State of California Department of Oil, Gas, and Geothermal Resources (DOGGR) to determine the location of any/all pipelines and/or abandoned or plugged oil wells. lf any oil wells are discovered during grading, the developer shall be responsible to plug the wells pursuant to DOGGR standards and by DOGGR permit.
114. The following disclosure shall be placed upon the final subdivision map and included on all deeds for property transfers within Tract 6614: "lf your real property is near property used for agricultural operations and/or keeping of large hoofed animals, you may be subject to inconveniences or discomforts arising from such operations on any 24hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke.
The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws,"
115 Prior to recordation of Tract 6614, the master developer of Tract 6614 and Richland School District staff shall meet and come up with a school bus stop plan to accommodate residents of Tract 6614,
BUILDING
116 At least two access points for ingress and egress of emergency vehicles to the subdivision are required, The Kern County Fire Department requests that the phase line be moved to the east to the back of the lots on the east side of Sparkleberry Lane. 117 Private drives constructed of Portland cement-concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each house. 1 18. Prior to permitting occupancy of any lot, building addresses shall be permanently installed and cleady visible from the street.
MITIGATION MEASURES FROM THE ADDENDUM
MM3b-1. lncorporate Control Measures to Reduce Construction-Generated Fugitive Dust and Exhaust Emissions. The project applicant and contracto(s) shall adhere to the following measures during all phases of construction:
1. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions.
2, Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines.
3, Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites.
4. Use electric equipment for construction whenever possible in lieu of fossil fuel{ired equipment, 5, Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 6, All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover.
7. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant.
8. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking,
9. When materials are transported off site, all material shall be covered or effectively wetted to limit visible
dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained,
10. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday, (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.)
'l 1. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/su ppressant.
12. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.
13. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout,
14. Asphalt and concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure, and emulsified asphalt paving materials.
15. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period) 16, Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site
17. lmplementation of carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation Vlll.
MM3b-2. Develop and lmplement Emissions Offset Program to Compensate for ProjeclRelated Emissions. Prior to the issuance of the first building permit, the project applicant shall enter into an agreement with the SJVAPCD for the mitigation of NOx and ROG emissions. This agreement may include, but is not limited to, the payment of fees to the district for the purpose of offsetting project emissions.
Examples of such a program would be the purchase of new diesel engines for heavy-duty trucks and agricultural equipment, retrofitting diesel engines with controls (e,9., oxidation catalyst, diesel particulate filter), and conversion of City-owned vehicles from gasoline and diesel to compressed natural gas engines.
This emissions offset program shall be coordinated with and approved by the SJVAPCD and based on estimates of achievable emissions reductions,
This offset program would reduce emissions in sufficient quantities such that the net increase in regional emissions would be below significance thresholds.
MMSb-1. Durlng construction, if archaeological resources, or specimens suspected of being archaeological resources, are encountered, alteration of earth material in the vicinity of the find shall be halted until a qualified archaeologist can evaluate the find and record significant cultural resources.
Construction activity in the vicinity of the find may be halted until the find can be appropriately excavated and recovered, Areas found to contain significant artifacts shall be examined by a qualified archaeologist for recommendations concerning protection and preservation.
MM5c-1. During construction, if fossils or other paleontological resources are encountered, alteration of earth material in the vicinity of the find shall be halted until a qualified paleontologist can evaluate the find
and record significant resources, Construction activity in the vicinity of the find may be halted until the find can be appropriately excavated and recovered. Areas found to contain significant fossils shall be examined by a qualified paleontologist for recommendations concerning protection and preservation, MM5d-1, lf human remains are encountered during a public or private construction activity, State Health and Safety Code 7050.5 states that no further disturbance shall occur until the Kern County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98, The Kern County Coroner must be notified within 24 hours. lf the coroner determines that the burial is not historic, but prehistoric, the Native American Heritage Commission (NAHC) must be contacted to determine the most likely descendant (MLD) for this area, The MLD may become involved with the disposition of the burial following scientific analysis, MMTb-1. Prior to construction of residential units adjacent to the existing oil sump, the sump shall be excavated and cleaned up in accordance with DOGGR regulations.
MMTb-2. Prior to the approval of grading permits, transformers associated with onsite powerpoles shall be removed by a qualified hazardous materials specialist as coordinated by PG&E to the satisfaction of the City of Shafter,
MMl5a-1. Prior to occupancy of the residential units, a traffic signal shall be installed at the intersection of Santa Fe Way and Beech Avenue. This improvement may be provided by the pro¡ect applicant or by the City, ln the latter case, the developer would be required to pay a proportionate share of the cost for installation of the traffic signal. This development's proportionate share of the overall cost would be B.86 percent of the total cost for the traffic signal. Because the proportionate share is so low, it is recommended that this improvement be provided by the City with the applicant to pay the fair share, and the City to collect the remaining share of the cost from other future developers, Alternatively, should the applicant provide this improvement, the developer shall be credited for the costs above and beyond the fair share contribution,
MM15a-2. Prior to occupancy of the residential units, a traffic signal shall be installed at the intersection of Beech Avenue and Tulare Avenue. This improvement may be provided by the project applicant or by the City. ln the latter case, the developer would be required to pay a proportionate share of the cost for installation of the traffic signal, This developments proportionate share of the overall cost would be 47 percent of the total cost for the traffic signal. Because the proportionate share is so low, it is recommended that this improvement be provided by the City with the applicant to pay the fair share, and the City to collect the remaining share of the cost from other future developers, Alternatively, should the applicant provide this improvement, the developer shall be credited for the costs above and beyond the fair share contribution.
MM15a-3. Prior to occupancy of the residential units, a westbound left turn pocket shall be constructed at pro¡ect entrance and Fresno Avenue and a southbound left turn pocket shall be constructed at Beech Avenue and project entrance,
** Signalization improvements contained in Mitigation Measures 15a-1 & 15a-2 (above) are part of the City of Shafter's Transportation lmpact Fee (TlF) Program being prepared at this time. Once the TIF program has been adopted by the City of Shafter, the developer is relieved from payment of a percentage for the signal noted in Mitigation Measures'15a-1 & 15a-2.
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EXHIBIT 5
RESOLUTION NO. 2994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING A TWO (2) YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 6614 LOCATED EAST OF NORTH BEECH AVENUE BETWEEN EAST
FRESNO AVENUE AND EAST TULARE AVENUE, WITHIN THE CITY OF
SHAFTER
WHEREAS, on September 11, 2024, LGI Homes, the property owners, requested approval of an extension of time to record a final map on that certain property in the City of Shafter as shown on attached Exhibit “A”. The extension of time request was submitted prior to the expiration of the map and is being considered within the 60-day time period allowed by the Subdivision Map Act; and
WHEREAS, Tentative Tract Map No. 6614, as illustrated in Exhibit A, proposing to subdivide 140 acres into 430 single-family residential parcels, two public park parcels, two drainage basin parcels, and an oil well site, was approved by the City Council on September 19, 2006 per Resolution No. 1890; and
WHEREAS, Tentative Tract No. 6614 is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with section 21000) of the Public Resources Code, pursuant to California Government Code §65457; and WHEREAS, Tentative Tract No. 6614 is within the scope of the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related actions (SCH No. 2004101029) pursuant to Resolution No. 05-1738 and the Addendum that was certified for the final Orchard Park Specific Plan pursuant to Resolution 06-1889; and
WHEREAS, the certified program EIR and Addendum adequately describes the activity of the residential development proposed in Tentative Tract No. 6614 as adopted in the amended Orchard Park Specific Plan under Ordinance No. 06-583; and WHEREAS, Tentative Tract Map No. 6614 was approved with a condition requiring the final map to be recorded within two years; and
WHEREAS, on July 15, 2008, the state legislature amended the Subdivision Map Act to provide a twelve (12) month extension of time for qualifying approved subdivision maps, thereby extending the expiration date of the map to September 19, 2009; and WHEREAS, on July 15, 2009, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for qualifying approved subdivision maps thereby extending the expiration date of the map to September 19, 2011; and WHEREAS, on July 13, 2011, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for qualifying approved subdivision maps, thereby extending the expiration date of the map to September 19, 2013; and
Shafter City Council Resolution No. 2994
November 19, 2024
WHEREAS, on July 13, 2013, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for qualifying approved subdivision maps, thereby extending the expiration date of the map to September 19, 2015; and WHEREAS, on September 1, 2015, the City Council approved a two (2) year discretionary extension of time, extending the expiration date of the map to September 19, 2017; and
WHEREAS, on October 1, 2015, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for qualifying approved subdivision maps, thereby extending the expiration date of the map to September 19, 2019; and WHEREAS, on September 27, 2018, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for qualifying approved subdivision maps, thereby extending the expiration date of the map to September 19, 2021; and WHEREAS, on September 28, 2020, the state legislature amended the Permit Streamlining Act to provide an additional eighteen (18) month extension of time for qualifying entitled projects, thereby extending the expiration date of the map to March 19, 2023; and WHEREAS, on June 21, 2022, the City Council approved a two (2) year extension of time authorized by Government Code §66452.26 for active residential subdivision maps approved between January 1, 2006 and July 11, 2013, thereby extending the expiration date of the map to March 19, 2025; and
WHEREAS, Title 16, Section 4.080.B of the City Municipal Code (Subdivision Ordinance) and Government Code §66452.6(e) allow the City Council to approve extensions of time for approved, or conditionally approved, tentative subdivision maps if the request is received prior to the expiration date of the map; and
WHEREAS, the City of Shafter has historically approved subdivision map extensions of time in two-year intervals; and
WHEREAS, the Planning Commission did, on October 08, 2024, approve Resolution No. 24-448, a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve a two-year extension of time for Tentative Tract Map No. 6614,subject to the conditions approved by the City Council on September 19, 2006 (Resolution No. 06- 1890), to expire on March 19, 2027; and
WHEREAS, the City Council through the City Clerk, did set Tuesday, November 19, 2024 at the hour of 6:00 p.m. in the City Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Shafter Municipal Code; and
WHEREAS, at said City Council meeting held on November 19, 2024, the proposed extension of time for Tentative Tract Map No. 6614 was duly presented and considered and the City Council determined that Tentative Tract Map No. 6614 is eligible to receive a two-year extension of time for recordation of the final map.
Shafter City Council Resolution No. 2994
November 19, 2024
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 19th day of November, 2024, resolved to approve a twoyear extension of time for Tentative Tract Map No. 6614 (Exhibit “A”) located east of North Beech Avenue between East Fresno Avenue and East Tulare Avenue, subject to the conditions approved by the City Council on September 19, 2006 (Resolution No. 06-1890), to expire on March 19, 2027.
PASSED, APPROVED AND ADOPTED this 19th day of November 2024. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 0815 PROCEEDINGS
RECOMMENDATION
Council find the action is not defined as a “project” per section 15378(b)(5) of the California Environment Quality Act; open and conduct a public hearing on the establishment of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (“CFD No. 0815”); take public testimony; close the public hearing; and then complete the following:
1. Adopt Resolution 2997, a Resolution of the City Council of the City of Shafter Establishing the City of Shafter Community Facilities District No. 0815, County of Kern, State of California, and the Boundaries Thereof;
2. Adopt Resolution 2998, a Resolution of the City Council of the City of Shafter Calling a Special Election and Submitting to the Voters of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California a Proposition With Respect to the Annual Levy of Special Taxes Within Said Community Facilities District to Pay the Costs of Certain Services to be Provided by the Community Facilities District and a Proposition With Respect to Establishing an Appropriations Limit for Said Community Facilities District;
3. Hold a special landowner election;
4. Adopt Resolution 2999, a Resolution of the City Council of the City of Shafter Declaring the Results of the Special Election for the City of Shafter Community Facilities District No. 0815, County of Kern, State of California, on the Propositions With Respect to (I) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be Provided by the Community Facilities District and (II) Establishing an Appropriations Limit; and
5. Conduct a first reading of the Ordinance 761, an Ordinance of the City Council of the City of Shafter Acting in its Capacity as the Legislative Body of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California, Authorizing the Levy of a Special Tax in Such Community Facilities District.
BACKGROUND
The project, known as Gossamer Grove, is located in proposed Tract 7447 owned by Lennar Homes of California, LLC and includes approximately 32.24 gross acres. The proposed development will include 145 single family detached homes. The project was
COMMUNITY FACILITIES DISTRICT NO. 0815 PROCEEDINGS
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conditioned to create a maintenance district to provide funds to maintain parks, landscaping, parkways, trails, median islands, public lighting and street lights to be included within the tract development and it was determined that a maintenance community facilities district would be utilized for this purpose. With the assistance of the City’s special tax consultant, Koppel & Gruber Public Finance, a Rate and Method of Apportionment (the “RMA”) was created for CFD No. 0815 which determined how the properties located within the boundaries of CFD No. 0815 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 2024-25 dollars for the proposed improvements. These costs are proposed to be spread amongst the 145 proposed residential lots in CFD No. 0815. Based upon the maintenance costs calculated in Fiscal Year 2024-25 dollars, the special tax charge per lot as of Fiscal Year 2024-25 is $444.00. The property will be subject to the special tax effective Fiscal Year 2025-26. Similar to the City’s landscape and lighting districts CFD No. 0815 special tax rates will be subject to a consumer price index increases of up to 4.0% if deemed necessary each year starting in Fiscal Year 2025-2026.
On November 19, 2024, this City Council will hold a public hearing regarding the formation of CFD No. 0815. If a majority of the landowners within the boundaries of CFD No. 0815 do not register written or oral protests, then the City Council may consider adopting the resolutions described above.
The City Clerk and the property owner have consented to hold the election on November 19, 2024. The County of Kern Registrar of Voters has certified that there are no registered voters within the boundaries of CFD No. 0815. Following the adoption of the Resolution Calling the Special Election, the City Clerk will conduct the election and declare the election results.
Following the election, the City Council may adopt the Resolution Declaring the Election Results which declares the results of the election.
If the results are in favor of the levy of special taxes within CFD No. 0815, the City Council may waive the full reading of the Ordinance Levying Special Taxes which authorizes the levy of special taxes within CFD No. 0815 in full and call for the first reading of such Ordinance by title only.
FISCAL IMPACT
There is no fiscal impact with this item because developer provided a cash deposit to cover the CFD No. 0815 formation costs. CFD No. 0815 would begin collecting special taxes effective Fiscal Year 2025-26 and the costs of the ongoing administration will be paid for through the levy of the special taxes.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the formation of a community facilities district and therefore, it is
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organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Resolution Establishing CFD No. 0815
2. Resolution Calling the Election for CFD No. 0815
3. Resolution Declaring the Election Results for CFD No. 0815
4. Ordinance Authorizing the Levy of Special Taxes within CFD No. 0815
5. CFD Report for Proposed CFD No. 0815
RESOLUTION NO. 2997
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
ESTABLISHING THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF KERN, STATE OF CALIFORNIA, AND THE BOUNDARIES
THEREOF
WHEREAS, the City Council of the City of Shafter (the “City Council”) adopted Resolution No. 2992, stating that a community facilities district to be known as the “City of Shafter Community Facilities District No. 0815, County of Kern, State of California” (the “Community Facilities District”), is proposed to be established under the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and;
WHEREAS, on November 19, 2024, at the time and place specified in said published and mailed notices, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, prior to the commencement of said public hearing on November 19, 2024 there was filed with the City Council a report (the “Report”) containing a description of the services being financed within and for the Community Facilities District, and an estimate of the cost of providing such services, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, the City Council may therefore proceed to establish the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are true and correct and are incorporated herein by this reference, (ii) at its meeting on November 19, 2024, pursuant to notice thereof duly given as provided by law, the City Council conducted the public hearing with respect to the formation of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are described in Section 3 hereof, (iii) the boundary map of the Community Facilities District was recorded, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, on October 22, 2024, at Page 0192 of Book 0001, in the official records of the County of Kern,
Shafter City Council Resolution No. 2997
November 19, 2024
2 Document No. 224130816, (iv) no written protests were received at or prior to the time of said hearing against the formation of the Community Facilities District or the levying of said special taxes by the Community Facilities District, and said special taxes have, therefore, not been precluded by majority protest pursuant to Section 53324 of the California Government Code, (v) all prior proceedings with respect to the formation of the Community Facilities District conducted by the City Council were valid and in conformity with the requirements of the Act, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the formation of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California, and the Community Facilities District should be established, (vii) the department responsible for preparing the annual roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Public Works Department located at 720 Commerce Way, Shafter, CA 93263, telephone number (661) 746-5004, and (viii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing and, pursuant to Section 53326 of the California Government Code, the vote in the special election provided for in Section 7 hereof shall, therefore, be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District.
Section 2. Formation of the District. The City of Shafter Community Facilities District No. 0815, County of Kern, State of California, is hereby established. The boundaries of the Community Facilities District are described and shown on the map entitled “Proposed Boundaries of City of Shafter Community Facilities District No. 0815, County of Kern, State of California” which is on file with the City Clerk, and said boundaries are hereby established.
Section 3. Types of Services; Incidental Expenses. It is proposed that the Community Facilities District shall provide and finance (a) maintenance and lighting of parks, parkways, streets, roads and open space; (b) maintenance of recreational facilities, and (c) any other services authorized to be financed pursuant to the Act. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.
Section 4. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.
Under no circumstances will the special tax levied in any fiscal year against any parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential
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3 purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel.
Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and that lien shall continue in full force and effect as long as the City of Shafter provides the services or until the lien canceled in accordance with law or until collection of the special tax ceases. There are no conditions under which the obligation to pay the Special Tax may be prepaid and permanently satisfied as set forth in the rate and method of apportionments.
Section 5. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the Community Facilities District.
Section 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 7. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District, and (ii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”), shall be as follows:
(a) Except as otherwise provided below, the special election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
(b) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the California Government Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of the services to be provided by the Community Facilities District, and (ii) establishing an appropriations limit therefor to the qualified electors of the Community Facilities District, upon which such election can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the Community Facilities District and the City Clerk agree and concur is acceptable. (c) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the public hearing if the qualified electors of the Community Facilities District waive the time limits for conducting the election set forth in said Section 53326
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4 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(d) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(e) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (f) The official ballot to be mailed or delivered by the City Clerk to each landowner voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (g) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(h) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and
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5 signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the date of the election.
(i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Special Election, if it is held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 9. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER, 2024.
Chad Givens, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
17236.00201\42878770.1
EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0815
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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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,
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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“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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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
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.
17236.00125\42878523.1
RESOLUTION NO. 2998
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF KERN,
STATE OF CALIFORNIA A PROPOSITION WITH RESPECT TO THE ANNUAL
LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT
TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH RESPECT TO
ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY
FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Shafter (“the City”) has adopted a resolution establishing the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (the “Community Facilities District”) and the boundaries thereof; and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 2992, the resolution of intention with respect to the formation of the Community Facilities District (“Resolution of Intention”); and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on November 19, 2024; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Lennar Homes of California, LLC, the owner of all of the land in the Community Facilities District has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this Resolution, (b) consented to the holding of said election on November 19, 2024, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on November 19, 2024.
Shafter City Council Resolution No. 2998
November 19, 2024
2 Section 2. Call of Election. The City Council hereby calls and schedules a special election for November 19, 2024 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District.
Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:
First Proposition
Shall special taxes be levied annually on taxable property within City of Shafter Community Facilities District No. 0815, County of Kern, State of California, to pay the costs of maintenance services, and other services specified in the Resolution of Intention adopted by the City Council of the City of Shafter on October 15, 2024 (the “Resolution of Intention”) and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention? Second Proposition
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Shafter Community Facilities District No. 0815, County of Kern, State of California, in the amount of $5,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of maintenance services and other services specified in the Resolution of Intention and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of special tax rates pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk
Shafter City Council Resolution No. 2998
November 19, 2024
3 shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in this Resolution, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on November 19, 2024.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 7. Effective Date. This Resolution shall become effective immediately following its adoption.
Shafter City Council Resolution No. 2998
November 19, 2024
4 PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER, 2024.
Chad Givens, Mayor Date
ATTEST:
_________________________
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
RESOLUTION NO. 2999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER DECLARING
THE RESULTS OF THE SPECIAL ELECTION FOR THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF KERN, STATE OF
CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (I) THE ANNUAL
LEVY OF SPECIAL TAXES TO PAY THE COSTS OF CERTAIN SERVICES TO BE
PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND (II)
ESTABLISHING AN APPROPRIATIONS LIMIT
WHEREAS, on November 19, 2024, the City Council (the “City Council”) of the City of Shafter (the “City”) adopted a resolution calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and establishing an appropriations limit for the Community Facilities District (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk, who pursuant to the Election Resolution was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of all such propositions.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were less than 12 persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on November 19, 2024, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the special election; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk delivered a ballot for the special election to Lennar Homes of California, LLC, the owner of all of the land within the Community Facilities District (the “Property Owner”); (iv) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on November 19, 2024; (v) the special election has been properly conducted in accordance with all statutory requirements and the provisions of Election Resolution; (vi) pursuant to Section 53326, the Property Owner, which owns approximately 32.24 acres, was entitled to a total of 33 votes; (vii) the ballot was returned by the Property Owner to the City Clerk prior to 6:00 p.m. on November 19, 2024; (viii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (ix) more than two-thirds of the votes cast in the special election on each such proposition were cast in favor thereof, and pursuant to section 53328 of the California Government Code, all such propositions carried; (x) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to annually levy special taxes on taxable property within the Community Facilities District in
17236.00201\42878753.1
Shafter City Council Resolution No. 2999
August 6, 2024
Page - 2 -
amounts sufficient to pay the costs of services to be provided by the Community Facilities District; and (xi) an appropriations limit for the Community Facilities District has been established in the amount of $5,000,000.
Section 2. Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District and the establishment of an appropriations limit in the amount of $5,000,000 for the Community Facilities District were voted in favor thereof, and such propositions carried.
Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of the services to be provided by the Community Facilities District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit “A” to Resolution of Formation adopted by the City Council on November 19, 2024, and an appropriations limit has been established for the Community Facilities District in the amount of $5,000,000.
Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.
Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 6. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER, 2024.
Chad Givens, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
17236.00201\42879673.1
ORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF
KERN, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Shafter, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (the “District”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).
Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.
Section 3. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County of Kern tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Shafter, acting for and on behalf of the District.
Section 4. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non-exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.
17236.00201\42879673.1
Shafter City Council Ordinance No. 761
December 3, 2024
2 Section 5. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City of Shafter.
The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council the 19th day of November, 2024 and by unanimous vote of the Council members present, further reading was waived.
On a motion by Council Member _______, seconded by Council Member ______, the foregoing Ordinance was duly passed and adopted by the City Council of the City of Shafter at a regular meeting thereof, this _____ day of ______ 2024, by the following vote, to wit:
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2024.
Chad Givens, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
17236.00201\42879673.1
Shafter City Council Ordinance No. 761
December 3, 2024
A-1
EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815
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.
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,
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.
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.
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
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.
City of Shafter
Community Facilities
District No. 0815
Public Report
November 19, 2024
Prepared for:
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
661-746-5000
City of Shafter
City Council
Chad Givens, Mayor
Cathy L. Prout, Mayor Pro Tem
Gilbert Alvarado, Council Member
Pete Espinoza, Council Member
Gustavo Olvera Jr., Council Member
City Manager
Lance Lippincott
Deputy Public Works Director
Alex Gonzalez
City Clerk
Yazmina Pallares
TABLE OF CONTENTS
Introduction ........................................................................................................................ 1 A. Description of CFD No. 0815 ................................................................................... 1 B. Description of Services ............................................................................................ 1 C. Boundaries of CFD No. 0815 ................................................................................... 2 D. Cost Estimate .......................................................................................................... 2 E. Rate and Method of Apportionment ...................................................................... 2 F. General Terms and Conditions ............................................................................... 3 Exhibit A – Boundary Map ............................................................................................... A-1 Exhibit B – Cost Estimates ................................................................................................ B-1 Exhibit C – Rate and Method of Apportionment ............................................................. C-1
November 6, 2024 Community Facilities District No. 0815 1 City of Shafter
Introduction
The City Council of the City of Shafter (the “Council”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on October 15, 2024 adopt a resolution entitled “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” (the “Resolution of Intention”). In the Resolution of Intention, the Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”) for the proposed Community Facilities District No. 0815 (“CFD No. 0815” or the “District”).
The Resolution of Intention ordering the Report did direct that the Report generally contain the following:
1. A brief description the services by type which are required to adequately meet the needs of CFD No. 0815; and
2. An estimate of the cost of providing the services and the incidental expenses to be incurred in connection therewith.
For particulars, reference is made to the Resolution of Intention (Resolution Number 2992) for the District, as previously approved and adopted by Council.
Now, Therefore Koppel & Gruber Public Finance, the appointed responsible firm directed to prepare the Report, does hereby submit the following:
A. Description of CFD No. 0815
CFD No. 0815 is comprised of approximately 32.24 gross acres of residentially zoned land in the City of Shafter. A portion of the original Tract Map (Tract 7388) is being revised to create additional units on smaller lots and is known as Tentative Tract Map No. 7447. A map showing the boundaries of Community Facilities District No. 0815 is included in Exhibit “A” of this Report. Table 1 below shows the proposed development for CFD No. 0815.
Table 1
Proposed Development
CFD No. 0815 Proposed Units
Tentative Tract No. 7447 145 Single Family Residential Units B. Description of Services
The purpose of CFD No. 0815 is to provide for the cost of services which are in addition to those services that were provided within the boundaries of CFD No. 0815 at the time of formation of CFD No. 0815, including, 1) maintenance and lighting of
November 6, 2024 Community Facilities District No. 0815 2 City of Shafter
parks, parkways, streets, roads and open space, 2) maintenance of recreational facilities, and 3) any other services authorized to be financed pursuant to the Act (the “Services”).
C. Boundaries of CFD No. 0815
A reduced map of the boundaries of CFD No. 0815 titled “Proposed Boundaries of City of Shafter Community Facilities District No. 0815” is included in Exhibit “A” and is incorporated herein.
A full-scale map is on file with the Clerk of the City of Shafter and was recorded with the County Recorder in the County of Kern in Book 0001 of Maps of Assessment and Community Facilities Districts, Page 192, Document Number 224130816.
D. Cost Estimate
The District is being formed to provide a financing mechanism to pay for the cost of services as described in Section B above for new development within the boundaries of CFD No. 0815. The overall budget for CFD No. 0815 is estimated at $105,308 for fiscal year 2024/2025 with approximately $40,938 being funded from other sources for a net budget of $64,370 to be funded from special taxes, based on the special taxes expected to be generated from the District at full build out.
The proposed CFD No. 0815 shall also finance the 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 CFD No. 0815.
The estimated costs of the Services are shown in 2024 dollars. For particulars on the estimated cost of Services, reference is made to Exhibit “B” of this Report.
E. Rate and Method of Apportionment
The Rate and Method of Apportionment provides sufficient information to allow a property owner within CFD No. 0815 to estimate the Maximum Special Tax for his or her property.
For particulars on the Rate and Method of apportionment, reference is made to Exhibit “C” of this report. The table below provides the fiscal year 2024/2025 special tax rates.
Classification FY 2024/2025
Maximum Special Tax
Residential Property or Approved Property $444.00 per Unit Non-Residential Property $3,112.00 per Acre
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 shown above shall be
November 6, 2024 Community Facilities District No. 0815 3 City of Shafter
increased annually by the percentage increase in the Consumer Price Index (All Items) Los Angeles-Long 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%).
F. General Terms and Conditions
The description of the Services is general in nature. The final nature and location of the Services that will be provided and/or maintained will be determined upon approval of such Services.
November 6, 2024 Community Facilities District No. 0815 City of Shafter A - 1
EXHIBIT A
BOUNDARY MAP FOR
COMMUNITY FACILITIES DISTRICT NO. 0815
A reduced copy of the recorded Boundary Map follows. The recorded copy is on file in the records of the County Recorder, County of Kern, State of California and will be provided upon receipt but by reference is made part of this Public Report.
November 6, 2024 Community Facilities District No. 0815 B-1 City of Shafter
EXHIBIT B
COST ESTIMATES
Services Budget
The budget below represents the estimated cost of Services in current year dollars assuming all properties within CFD No. 0815 are developed to the proposed number of units specified in Tentative Tract Map No.7447. The Special Tax will be levied each fiscal year based on the methodology set out in the Rate and Method of Apportionment based on the proportions set forth at the time of formation. The total costs for Services are estimates only. The City has the ability to reallocate amounts between line items as long as the total costs do not exceed the total budgeted amounts, which are subject to escalation.
Estimated Annual Budget and Revenues From
Expected Development Within CFD No. 0815
Service
Estimated FY 2024/25
Budget
Maintenance and lighting of parks, parkways, streets,
roads, open space and recreational facilities $95,729
Costs of providing Services and Incidental Expenses1 9,579 Less: Funds Provided from Other Sources (40,938)
Total Estimated Budget $64,370
1. The proposed CFD No. 0815 shall also finance the 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 CFD No. 0815.
November 6, 2024 Community Facilities District No. 0815 C-1 City of Shafter
EXHIBIT C
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%).
November 6, 2024 Community Facilities District No. 0815 C-2 City of Shafter
“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.
“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
November 6, 2024 Community Facilities District No. 0815 C-3 City of Shafter
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, 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.
November 6, 2024 Community Facilities District No. 0815 C-4 City of Shafter
“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” means that 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.
“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.
November 6, 2024 Community Facilities District No. 0815 C-5 City of Shafter
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.
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
November 6, 2024 Community Facilities District No. 0815 C-6 City of Shafter
Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City 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.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Yazmina Pallares, City Clerk
SUBJECT: PLANNING COMMISSIONER CANDIDATE INTERVIEWS
RECOMMENDATION
Council interview the Planning Commission candidates. Information only. No action requested.
BACKGROUND
The terms for Planning Commissioners Peter Frantz, John Sanchez, and Bob Wiebe will expire on December 31, 2024. A 1/8 page display ad was published in the Shafter Press on October 10, published on the City website and announced on City social media outlets requesting an application of interest from citizens wishing to serve on the Planning Commission.
Mr. Sanchez submitted an application expressing his interest in continuing to serve on the Planning Commission. In addition, the City Clerk received 6 other applications of interest. Copies of all applications of interest are attached. Below is a list of all applicants.
Armando Camacho John Sanchez
Mariah Campos Joseph Simmons
Zachary Fain Fortino Valdivia
Ronald Nunlist
On November 11, 2024, the City Clerk sent an email to each of the candidates confirming their interview time with the Shafter City Council.
On November 15, 2024, Ronald Nunlist withdrew his application for consideration.
No action is requested. A request to make an appointment of three planning commissioners will be scheduled for the next regular council meeting on December 3, 2024.
FISCAL IMPACT
PLANNING COMMISSIONER CANDIDATE INTERVIEWS
- 2 -
The Planning Commission Board Members receive a stipend of $50 a month. The fiscal impact for the year is $3,000.
CEQA ANALYSIS
None.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Camacho Armando 2024 11 07_Redacted
2. Campos Mariah 2024 10 20_Redacted
3. Fain Zachary 2024 10 24_Redacted
4. Nunlist Ronald 2024 11 04_Redacted 1
5. Sanchez John 2024 10 29_Redacted
6. Simmons Joseph 2024 11 08_Redacted
7. Valdivia Fortino 2024 11 08_Redacted
1 CITY OF SHAFTER APPLICATION
TO SERVE ON SHAFTER PLANNING COMMISSION
DEADLINE EXTENDED: November 8, 2024, 5 p.m.
Name:
Last Name First Name Middle Initial (optional)
Primary Phone Number: Alternate Phone:
Residential Address: Shafter, CA 93263*
Email Address:
Business Address: Business Phone:
Occupation:
* Shafter residence is required
PLANNING COMMISSION – meets 2nd Tuesday of each month at 6 p.m.
The Planning Commission is comprised of a committee of five citizens appointed by the City Council.
The commission reviews and acts on matters related to planning and development in Shafter. The role of the Planning Commission is to work with the City Council to ensure that the common vision for the community is realized. A planning commissioner serves a term of four years.
Please list in the following space your relevant education, work experience, public service and/or volunteer experience, and/or other experiences that would enhance your service and effectiveness on the body(s) for which you are applying. Feel free to attach additional sheets, a cover letter, resume, and/or additional pages to fully describe your qualifications and interest in this position. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Camacho Armando
@acaccts.com
Accountant
California State University of Bakersfield.
Education: Bachelor's Degree in Business Administration with a concentration in Accounting from Public Service: 746 Sports Foundation board member and active member of the Shafter Lions Club.
Certifications: California Tax Education Council (CTEC) registered tax preparer. Quickbooks Certified. to Assistant Branch Manager.
bookkeeping, small business consulting, and notary public services.
Work Experience: AC Accounting - Owner since 2019, providing tax preparation, tax planning, Enterprise Truck Rental & Rent-a-Car - Began as an intern and advanced through three promotions
2 Name:
What do you see as the role and duties of a Planning Commission member with respect to fellow members of the City and Staff?
From a land use perspective, what do you think are the biggest development challenges facing the City? What development opportunities do you see or wish to explore? Initial to confirm that you understand and will comply with the following requirements:
initial
All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, “Statement of Economic Interests,” within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html initial
Members who are compensated for their service or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter.
Sign and date your application:
Signature: Date:
Full Name:
Return the application electronically to [email protected] or by mail or personal delivery to:
City of Shafter
Attn: City Clerk’s Office
336 Pacific Avenue
Shafter, CA 93263
A submitted application is a public record. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council.
Armando Camacho
My understanding of my role as a Planning Commission member is to review, discuss and make decisions on matters like zoning, land use, lot line adjustments, general plan, new development, etc. Serving in an advisory community's vision. This work requires a collaborative effort with city council, staff and fellow commissioners.
From a land use perspective, one of Shafter's biggest development challenges is balancing growth with the preservation of agricultural land and the city's rural character. As the city expands, we need to make sure there AC
AC
capacity, the commission will provide recommendations to the city council that align with council goals and the is sufficient infrastructure, housing, roadways, and public services to serve the growing population. 11-7-24
Armando Camacho
Armando Camacho
Shafter, CA 93263
@acaccts.com
November 7, 2024
City Council
336 Pacific Avenue
Shafter, CA 93263
Dear Members of the Shafter City Council,
I am writing to express my interest in the Planning Commission position for the City of Shafter. With a strong background in accounting, and a commitment to community involvement, I am prepared to contribute valuable insights and informed recommendations on issues such as zoning, land use, development projects, and the general plan in Shafter.
I have a strong foundation in fiscal responsibility and a comprehensive understanding of budgetary constraints, which I believe are essential for guiding thoughtful and balanced community development. My experience with profit and loss analysis and cost management has given me a keen eye for financial oversight and resource allocation, key areas for effective city planning.
Previously, my role as an Assistant Branch Manager with Enterprise Truck Rental sharpened my leadership and problem-solving abilities. Responsible for a large fleet and monthly financial reviews, I became proficient in assessing operations, identifying cost-saving opportunities, and ensuring high standards of service.
As a bilingual English and Spanish speaker, I am also positioned to communicate effectively with Shafter’s diverse community members, ensuring their concerns are heard and considered.
I currently serve as a board member for the 746 Sports Foundation and I’m an active member of the Shafter Lions Club, demonstrating my dedication to community engagement and collaboration.
Thank you for considering my application. I look forward to the possibility of contributing to Shafter’s growth and development in this advisory capacity.
Sincerely,
Armando Camacho
ARMANDO CAMACHO
Shafter, CA
@acaccts.com
EDUCATION:
California State University, Bakersfield Graduation Date: 12/2016 Bachelor of Science, Business Administration, Concentration in Accounting California Tax Education Council (CTEC) 10/2019
Certified
QuickBooks Online Certified 03/2019
QuickBooks Certified
WORK EXPERIENCE:
AC Accounting - Shafter, CA 03/2019 - Present
Owner
• Founded and operate AC Accounting, providing comprehensive accounting services to individuals, businesses and nonprofits.
• Manage all aspects of client bookkeeping, including accounts payable and receivable, bank reconciliations, and financial reporting, ensuring accuracy and compliance with financial regulations.
• Prepare and analyze profit and loss statements and balance sheets, providing clients with detailed insights on revenue trends, expense management, and overall profitability to support informed decision-making.
• Deliver personalized tax preparation and tax planning services, maximizing client savings and ensuring adherence to state and federal tax laws.
• Offer small business consulting, providing clients with strategic financial insights and guidance on budgeting, cash flow management, and growth planning. • Certified by the California Tax Education Council (CTEC) and QuickBooks, ensuring industrystandard expertise in tax preparation and bookkeeping. • Serve as a licensed notary public, providing document authentication and legal witnessing services for clients.
• Successfully built a loyal client base through exceptional service, personalized attention, and proactive communication.
• Developed and implemented streamlined accounting processes and software solutions, improving efficiency and data accuracy for clients.
Enterprise Truck Rental - Bakersfield, CA 05/2015 - 06/2020 Assistant Branch Manager
Senior Account Specialist
Enterprise Rent-a-Car
Management Assistant
Management Trainee
Senior Customer Service Representative
Intern
• Successfully expanded fleet size by over 60%, growing from 160 to 260 trucks within 9 months as Assistant Branch Manager, while developing staff and implementing cost-saving measures to drive revenue growth.
• Consistently achieved high customer satisfaction by delivering excellent service, collaborating with vendors, and applying effective problem-solving techniques. Recognized multiple times as a Peak Performer for outstanding sales performance.
• Developed and executed targeted marketing strategies to engage local businesses, establishing strong B2B relationships that resulted in multiple corporate accounts and steady growth in rental volume.
• Applied financial management skills to maintain balanced cash operations, oversee accounts receivable and payable, and perform income statement analysis to identify cost efficiencies and support profitability.
• Led branch operations in a high-traffic environment, managing a 260 vehicle fleet with a 90% rental rate, while implementing time management and organizational strategies to optimize productivity.
• Achieved a score of 98.5% on the Management Qualification Interview (MQI), demonstrating a strong understanding of leadership and branch operations.
Kern High School District - Bakersfield, CA 01/2017 – 06/2017 Accountant Consultant
• Collaborated with the California Academic Partnership Program (CAPP) to provide accounting support and budget oversight for Kern High School District. • Generated detailed reports on the CAPP budget’s general ledger, explaining expenditures for personnel and operating costs to ensure transparency and accuracy. • Reconciled the general ledger for the CAPP budget, ensuring expenditures aligned with designated accounts and that spending remained within budget at each site. • Prepared quarterly expenditure reports, proactively monitoring budget adherence and recommending adjustments as necessary.
• Supported the director in preparing and analyzing the annual fiscal report to provide insights and recommendations for the upcoming year’s budget.
COMMUNITY SERVICE:
746 Sports Foundation Board Member, 2023 - Present
Shafter Lions Club Active Member, 2024 – Present
LANGUAGE SKILLS:
Bilingual: Fluent in English and Spanish (speaking, reading, writing)
1 CITY OF SHAFTER APPLICATION
TO SERVE ON SHAFTER PLANNING COMMISSION
DEADLINE EXTENDED: November 8, 2024, 5 p.m.
Name:
Last Name First Name Middle Initial (optional)
Primary Phone Number: Alternate Phone:
Residential Address: Shafter, CA 93263*
Email Address:
Business Address: Business Phone:
Occupation:
* Shafter residence is required
PLANNING COMMISSION – meets 2nd Tuesday of each month at 6 p.m.
The Planning Commission is comprised of a committee of five citizens appointed by the City Council.
The commission reviews and acts on matters related to planning and development in Shafter. The role of the Planning Commission is to work with the City Council to ensure that the common vision for the community is realized. A planning commissioner serves a term of four years.
Please list in the following space your relevant education, work experience, public service and/or volunteer experience, and/or other experiences that would enhance your service and effectiveness on the body(s) for which you are applying. Feel free to attach additional sheets, a cover letter, resume, and/or additional pages to fully describe your qualifications and interest in this position. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Joseph A
@amazon.com
Environmental Health and Safety Manager
My experience spans more than 15 years in public safety as a licensed EMT, and as a Safety Manager. I currently partner with Sr Leaders to identify projects that impact company productivity, employee safety, and employee work satisfaction, while maintaining a strict budget. I have the ability to communicate with people from diverse backgrounds both concisely and accurately.
Simmons Jr.
2 Name:
What do you see as the role and duties of a Planning Commission member with respect to fellow members of the City and Staff?
From a land use perspective, what do you think are the biggest development challenges facing the City? What development opportunities do you see or wish to explore? Initial to confirm that you understand and will comply with the following requirements:
initial
All members of Boards and Commissions are subject to the conflict of interest laws of the State of California and are required to submit the Form 700, “Statement of Economic Interests,” within 30 days of assuming office, annually thereafter, and upon the completion of a member's term of office. More information is available at http://www.fppc.ca.gov/Form700.html initial
Members who are compensated for their service or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code. The training shall occur, and a signed certificate of completion shall be filed with the City Clerk, within 30 calendar days of assuming office, and every two years thereafter.
Sign and date your application:
Signature: Date:
Full Name:
Return the application electronically to [email protected] or by mail or personal delivery to:
City of Shafter
Attn: City Clerk’s Office
336 Pacific Avenue
Shafter, CA 93263
A submitted application is a public record. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council.
The role of the planning commission member is to provide planning information, guidance, and JS
JS
Joseph A. Simmons Jr. 11/7/2024
Joseph Ante Simmons Jr.
Shafter's biggest development challenge is improving private-public partnerships to increase economical growth within the city limits. I would like to explore opportunities to provide more economical and educational opportunities for the citizens of Shafter.
recommendations to the city council and staff that align to the established benchmarks and goals. of the city.
Joseph A. Simmons EMT, ASP, CHST, M.S.
| | @gmail.com
Education
• Master’s Degree: Occupational Safety and Health / Environmental Management - Columbia Southern University
Highlights of Qualifications
• Board Certified:
▪ Associate Safety Professional (ASP)
▪ Construction Health and Safety Technician (CHST)
• CPR, 1st Aid, AED Instructor, Licensed EMT-B 15+ years, Firefighter 1 Academy • Federal & State OSHA Regulation competence
• Experience with: Case Management, Hazardous Materials, Ergonomics, Industrial Hygiene, Budgeting, Accident Investigation, Safety Management Systems, Fire Prevention, Leadership, TapRoot, ISN
• Microsoft Office: Word, Excel, PowerPoint, and Outlook with business machine experience
• 10+ years of safety/risk management experience in: Manufacturing, Construction, General Industry, Oil & Gas, Offshore, Electrical, Heavy Equipment, Municipal, Roads, Mines and Geothermal/Gas/Solar to steam power plants
• Consultation and improvement of safety programs including: Industrial Hygiene, Ergonomic Risk Factors, Safety Management Systems, Auditing, Mentoring, Environmental Waste Stream Reduction and Hazard Identification/Mitigation Experience
SITE SAFETY MANAGER III | AMAZON.COM BFL2 | 5/21- PRESENT • Oversight of all Environmental, Health, and Safety of a 1M ft² facility, located on a 4M ft² lot, with a headcount of more than 3000 Associates spanning 4 shifts. Manage 13 direct reports spanning 3 departments including Regulated Waste, On Site Medical Professionals, and Safety Professionals.
• As a member of Sr Leadership, develop, plan, and execute strategic plans designed to:
reduce work-related injuries & worker’s comp costs, secure funding for staffing and projects, adhere to corporate policies, align the site to OSHA & SJVAPCB regulations, and improve overall Associate experience.
• Reduced recordable injuries by 28% YoY by: deep diving injury trends, partnering with Sr Leaders & Finance to obtain critical funding for injury reduction projects, aligning direct report standard work to close process gaps, and developing & sharing best practices with other sites within the region.
• Reduced Worker’s comp costs by 67% YoY, saving $1.2M annually, by reducing days away from work, lost time injuries, and creating light duty jobs to align with physician recommended work restrictions.
• Creation of site Associate Safety Committee, with 40 members. Created, tracked, and verified standard work completion while communicating completed projects to other associates and leaders. Assigned POCs to develop scheduling, assign projects, and verify standard work is being completed across 4 shifts.
• Conducted more than 100 interviews nation-wide for a variety of Safety related positions using established leadership principles to ensure a high bar is met for potential candidates. Provided training opportunities for 15 recruiters seeking to conduct interviews for Safety candidates.
SAFETY DIRECTOR | PROFESSIONAL SCAFFOLDING SERVICE | 10/2018- PRESENT • Oversee training matrix, submit and track contractor safety Key Performance Indicators (KPI), and analyze subcontractor HES programs through ISN or other contractor management software
• Manage safety: operations, documentation, permits, injury cases, culture and projects by ensuring compliance and creating mitigation plans to foreseen bottlenecks • Guide Board of Directors on developing a SWOT analysis and following a strategic management plan
• Research and submit documentation for Small Business Certification and bid work • Conduct incident investigations using TapRoot and identify weaknesses within SMS to develop and execute corrective actions with the goal of preventing harm to people, property and the environment
• Comprehend and fulfill contract requirements in the public works sector and reduce liabilities while working with contractor requests
SAFETY ADVISOR | CONTINENTAL LABOR AND STAFFING | 09/2019- PRESENT • Analyze company IIPP, Safety Management Systems, and culture to identify risk of placing temporary employees in a variety of industries including but not limited to:
construction, manufacturing, mining and oil and gas
• Communicate risk analysis to other business units to provide clarity in requirements and credentials of job tasks for temp/perm workers
• Identify and communicate "showstoppers" to various business units and clients prior to employee placement
• Develop a business strategy to mitigate safety-related challenges with a variety of client cultures in a widely diverse industrial background
• Interpret data, from investigations, audits, and in-person communications, to identify trends and communicate the results to team members and interested parties. • Manage worker’s comp injuries, to prevent recordable and loss-time incidents, and reduce insurance premiums
SAFETY ADVISOR | ROBERT HEELEY CONSTRUCTION | 08/2017- 09/19 • Safety oversight of divisional projects with an average cost of $20.5M • Delegated employees tasked with: identifying, and subsequently diminished, a trend where incidents were expected to rise and reduced the incidents by 72% • Used the Poisson Distribution Principle to calculate the probability of an incident, using company man hours, to identify risk groups and reducing incidents by 23% over the course of a year saving the company more than $20,000 in productivity and repairs • Influenced upper management to reduce the severity of punishment to employees involved in incidents by using safety system analysis and persuasion techniques • Developed educational lesson plans, and related material, to improve safety professional peer knowledge, certification and designation
• Investigated incidents, using TapRoot, and develop a strategic development plan to prevent further incidents by correcting root cause findings • Managed the safety programs for the Development, Frac, Projects and Mechanical Development Divisions that comprised of 12 supervisors and more than 300 employees • Selected personal monitoring techniques for the presence of a myriad of chemicals with various routes of exposure
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Giovanni Perez, Economic Development Coordinator SUBJECT: DECLARATION OF LAND LOCATED NEAR 1150 E. ASH AVENUE (APN 089-230-11) AS NON-EXEMPT SURPLUS PROPERTY
RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; adopt Resolution 3000, a Resolution of the City Council of the City of Shafter Declaring property located at 1150 E. Ash Avenue (APN 089-230-11) as nonexempt surplus land; approving the form of Notice of Availability; directing the City Manager to comply with the requirements of the Surplus Land Act, Government Code Section 54220 et seq.
BACKGROUND
The City of Shafter (“City”) owns real property of 4.98 acres located at 1150 E. Ash Avenue in Shafter as further described and depicted in Exhibit A of the attached Resolution (“Subject Property”). This Subject Property is zoned Industrial and located west of the city's current main public works corporation yard.
The Subject Property is proposed for declarion as surplus land for the first time so that the City could proceed toward disposal.
The Act requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. New legislation which took effect on January 1, 2020, requires that before a local agency may dispose of land that is no longer necessary for its use, the land must be declared either "surplus land" or "exempt surplus land," as supported by written findings. Adoption of the Resolution would declare the Subject Property as surplus land.
Upon the City's determination that the Subject Property is surplus land, the procedures set forth in the Act must be followed prior to disposal. Those procedures require the City to offer the surplus land by issuing (via email wherever possible and by certified mail where not possible) by issuing a Notice of Availability, a form of which is attached to the Resolution as Exhibit B (the “Notice of Availability”), and accepting notices of interest for a period of 60 days.
If the City receives a letter of interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the sale or lease with that entity for a period of 90 days. If the price or terms cannot be agreed upon after
DECLARATION OF LAND LOCATED NEAR 1150 E. ASH AVENUE (APN 089-230-11) AS NONEXEMPT SURPLUS PROPERTY - 2 -
90 days (or if no entity gives notice of interest), the City may sell or lease the surplus land without further regard to the Act’s procedures, except that the City must obtain approval from the State’s Department of Housing and Community Development (HCD) that it complied with the Act, and the City must record a restrictive covenant on the Subject Property, requiring that if ten or more residential units are ever built on the Subject Property, at least 15% of those units must be affordable.
FISCAL IMPACT
No budget action is required. There are minimal costs related to issuing a Notice of Availability via email and certified mail.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is adoption of a resolution declaring land as surplus property and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ATTACHMENTS
1. Resolution 3000 Declaring Property 1150 E Ash Avenue as Non Exempt Surplus Land
2. Notice of Availablity of Surplus Property HCD Cover Letter and Property Table 11 19 2024
RESOLUTION NO. 3000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER DECLARING PROPERTY LOCATED AT 1150 E. ASH AVENUE (APN 089-230- 11) AS NON-EXEMPT SURPLUS LAND; APPROVING THE FORM OF NOTICE OF AVAILABILITY;
DIRECTING THE CITY MANAGER TO COMPLY WITH THE REQUIREMENTS OF THE SURPLUS LAND ACT, GOVERNMENT CODE, SECTION 54220 ET SEQ.; AND
FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15312
WHEREAS, the City of Shafter (the "City") owns that certain 4.98-acre property located at 1150 E. Ash Avenue, Shafter, CA 93263 zoned Industrial, which is more particularly depicted at Exhibit A, attached hereto and incorporated herein by reference (the "Subject Property"); and WHEREAS, the Property is not necessary for the City's use and none of the statutory exemptions set forth under Government Code Section 54221(f)(1) are applicable, and therefore the Property and disposition thereof is subject to the Surplus Land Act (Government Code Section 54220 et seq.) (the "Act").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds and declares that the Property is “surplus land” as used in the Act, because the Property is owned in fee simple by the City, the Property is not necessary for the City's use, as defined under the Act, Section 54221(c), and the Property does not qualify as "exempt surplus land" under the Act, Section 54221(f)(1).
Section 3. The City Council approves the form of Notice of Availability, attached hereto as Exhibit B (the "Notice"), and authorizes the City Manager or designee to comply with the requirements of the Act, to tailor, finalize, a n d issue the Notice to those statutorily entitled to receive it (Section 54222), and to negotiate in good faith with those entities, if any, who submit qualified Notices of Interest (Sections 54222.5 and 54223).
Section 4. The action authorized by this Resolution does not authorize or approve the actual disposition or sale of the Property. Thus, this action does not commit the City to any future action, nor does this action approve a particular project, or grant any specific approval that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act ("CEQA"). (See 14 California Code of Regulations Sections15060(c); 15378(b).) As such, the mere declaration of surplus land and authorization to proceed under the Act do not constitute the approval of a "project" under CEQA, and no further action under CEQA is required. In addition, the action is exempt from environmental review pursuant to State CEQA Guidelines §15312, which applies to the declaration and sale of surplus government property.
Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Shafter City Council Resolution No. 3000
November 19, 2024
17236.01000\42442015.1
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER, 2024.
Chad Givens, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
Shafter City Council Resolution No. 3000
November 19, 2024
17236.01000\42442015.1
EXHIBIT A
Subject Property
The Property comprises the entirety of APN 089-230-11, which is approximately 4.98 acres in size, and which is depicted below.
Shafter City Council Resolution No. 3000
November 19, 2024
17236.01000\42442015.1
EXHIBIT B
Form of Notice of Availability
(see attached Cover Letter and
Property Description Sheet
behind this page)
November __, 2024
To All Interested Parties:
RE: Notice of Availability/Offer to Lease or Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of Shafter is providing notification that the City intends to sell or lease the surplus property listed in the accompanying table.
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell or lease the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales/lease price and terms, the City may market the property to the general public.
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units.
If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.
In the event your agency or company is interested in purchasing or leasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to City of Shafter,
Attn: Giovanni Perez, Economic Development Coordinator
336 Pacific Avenue, Shafter, CA 93263.
You may also direct your questions to [email protected] or by calling (661) 746-5065.
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).
Property
# Jurisdiction Name Jurisdiction Type Site Address/Intersection 1 City of Shafter City 1150 E Ash Avenue
Property
# City
Five Digit ZIP
Code County Assessor Parcel Number
1 Shafter 93263 Kern 089-230-11
Property
# Consolidated Sites
General Plan Designation
(Current)
Zoning Designation
(Current)
1 Industrial Industrial
Property
# Minimum Density
Allowed (units/acre)
Maximum Density
Allowed (units/acre)
Parcel Size
(Gross
Acres) Existing Use/Vacancy
1 n/a n/a 4.98 Storage
Property
# Minimum Sales Price Last Appraised Value Last Appraised Date 1 FMV Unknown Unknown
Property
# Optional Information
1 The site contains a fully intact modified community correctional facility, or MCCF, that is around 85,000 square feet in size. Due to the previous use being a correctional facility, the building would need major tenant improvements for the next use. Most of the facility is empty inside. The site is located in a light industrial area with the right adjacent property being the public works corporation yard. The current use of the lot is storage for both the corporation yard and partners of the city’s public works team. The site is depicted on the following page.
(Subject Property (APN 089-230-11))
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Lance Lippincott, City Manager
SUBJECT: HAUNTED HOUSE EVENT AT THE HARVEST FESTIVAL,
ASSOCIATED COSTS, RETROACTIVE APPROVAL
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the retroactive costs associated with the Haunted House Event on October 29, 2024, of $22,125 with any necessary re-appropriation to cover non-budgeted expenses to take place at mid-year.
BACKGROUND
At a regular City Council Meeting on September 11, 2024, the City Council held discussion and approved utilization of the former Modified Community Corrections Facility for the Fall Harvest Festival. Based on that direction, City staff readied the Modified Community Corrections Facility to make it safe for the event. During the September 11, 2024, Council Meeting, a budget for the project was not set. This has necessitated bringing a retroactive item to approve the $21,125 in costs accrued by the Shafter Department of Public Works, and the more than $1,000 in overtime costs accrued by the Shafter Police Department to patrol the event.
The funding for this event was intended as a sponsorship. It is in the interests of the City Council and the City to support safe public events, especially for children. To that end, the City Council as a whole has supported the Fall Harvest Festival through an inkind sponsorship, prioritizing the health and safety of our youngest residents.
FISCAL IMPACT
The fiscal impact for the event is $22,125, with no revenue expected to offset. Budgets will be re-examined at mid-year to determine if additional budget allocations are needed to close the gap the unexpected expenditures have created.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the retroactive approval of cost associated with a haunted house event 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
HAUNTED HOUSE EVENT AT THE HARVEST FESTIVAL, ASSOCIATED COSTS, RETROACTIVE
APPROVAL
- 2 -
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Michael James, Public Works Director, David Franz, Community Services Director
SUBJECT: CENTRAL AVENUE PARKING POLICIES AND RESTRICTIONS
DISCUSSION
RECOMMENDATION
Council discuss downtown parking conditions at Central Avenue and provide direction to staff for developing policies and restrictions for future action.
BACKGROUND
The Public Works Director and Community Services Director have each been contacted by owners of downtown businesses on Central Avenue about limited parking for customers. The specific corridor of concern stretches from Lerdo Highway to Calloway Street. Observations from the owners suggest that the primary issue is employees from neighboring businesses are parking for extended periods, leaving customers to park on side streets or undesirable distances from their destinations.
Staff hosted a forum at City Hall this past September for the businesses to discuss the parking issues and suggest possible remedies. While attendance was limited to a few business representatives with different customers and operations, they generally seemed supportive of limiting street parking at Central Avenue up to two hours. However, because attendance at the forum was limited, staff felt compelled to conduct additional outreach to ensure the input received is as comprehensive as possible before the Council considers formal action on parking. To date, this additional outreach consists of a brief list of survey questions that can be provided on paper or electronically. The survey is included with this staff report.
This agenda item intends to have the Council discuss the content of the survey and provide feedback, as well as their observations and priorities regarding downtown parking. Additionally, the Council can provide direction to staff on possible actions to prepare for formal adoption in the future and, in general, how involved the City should be regarding downtown parking.
FISCAL IMPACT
City resources, including staff time to prepare parking-related surveys and policy action, can be covered by existing operational accounts without budget action by the Council. Should parking restrictions be desired by the Council, budget action may be
CENTRAL AVENUE PARKING POLICIES AND RESTRICTIONS DISCUSSION - 2 -
necessary to ensure there is funding for street signage and striping, which would be requested before any purchases or installation work.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger CEQA review.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Draft Street Parking Survey for Central Avenue
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: David Franz, Community Services Director
SUBJECT: DOWNTOWN STRATEGIC PLAN DISCUSSION
RECOMMENDATION
Council to review the attached draft of the Downtown Revitalization Plan, discuss the proposed actions, and provide guidance on priorities, funding approach, and implementation steps.
BACKGROUND
Creating a Downtown Revitalization Plan is a priority within the City’s Strategic Plan, aiming to foster a vibrant and economically strong downtown. Such a plan would provide a framework for future City actions to create a thriving downtown area where residents feel pride and where businesses and community life can flourish. To develop this draft, stakeholders were invited to provide input through surveys and in-person sessions. The insights gathered informed key aspects of this plan, but there remains room for additional stakeholder engagement as the plan evolves.
The Downtown Revitalization Plan comprises four main focus areas that outline a comprehensive approach:
1. Planning and Organization:
o Establishing a Downtown Business Roundtable to create ongoing engagement among downtown business stakeholders, with quarterly meetings hosted by Council members.
o Developing an investment-friendly General Plan overlay to encourage mixed-use investments, with design standards tailored to downtown’s character.
o Streamlining event permitting and insurance requirements to ease the process for holding community events downtown.
2. Events and Programming:
o Enhancing the downtown area’s event infrastructure (e.g., restrooms, storage, lighting) to support recurring events.
o Establishing regular anchor events such as a monthly First Friday gathering and seasonal Farmers Markets in partnership with local businesses and the Chamber of Commerce.
o Partnering with other agencies and organizations to host many repeatable downtown events per year to boost local engagement and bring foot traffic to businesses.
3. Design and Aesthetic Enhancements:
DOWNTOWN STRATEGIC PLAN DISCUSSION
- 2 -
o Reintroducing a façade improvement grant program to encourage business owners to invest in storefront enhancements.
o Implementing a public art program to bring murals, tree lighting, and seasonal decor to the downtown area.
o Redesigning the Downtown Park to increase its functionality, add attractions, and provide a welcoming community anchor for events and daily use.
4. Economic Development Initiatives:
o Establishing a business incubator with temporary, discounted space for entrepreneurs.
o Launching a “Shop Local Dollars” pilot program to incentivize local spending, with plans to expand as program success is evaluated. o Creating a “Business Spotlight” program to highlight local businesses on social media, fostering community awareness and loyalty.
FISCAL IMPACT
While specific funding sources are not yet identified, potential funding options include state and federal grants and the formation of a special district funding mechanism.
Further exploration of these sources will be pursued as part of the Council’s guidance on funding prioritization and resource allocation.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger CEQA review.
APPROVED BY THE CITY ATTORNEY
ATTACHMENTS
1. Downtown Strategic Plan (3)
PURPOSEOFDOWNTOWNSTRATEGICPLAN:
A guide for City actions
to make downtown Shafter thrive.
WHATTHRIVING MEANSFORDOWNTOWNSHAFTER
Pride
Residents are proud of
how downtown looks
and feels. They are
excited to show off the
center of our community.
Positive
Experiences
Families have
positive experiences
together. Downtown
feels safe, pleasant,
and welcoming to
people of all ages.
Prosperity
Customers come
downtown ready to
spend. Businesses
and landowners
invest.
Branding Consultant Research Findings
Data Analysis
Community Vision Board Outreach
Community Survey
Business Owner Feedback
RESEARCH
DowntownShafter
SWOT
Strengths
Sense of Community
Hardscaping
Maintenance Staff
Trees
Green Hotel
Downtown Square
Low Vacancy Rate
Weaknesses
Low Private Investment
Aging Buildings
Few Attractions
Restrooms
Lack of Event Infrastructure
Lack of Icons - Sites of Pride
Opportunities
Citywide Growth
Regular Events as Anchor
Event Collaborations
Draw Community Together
Aesthetic Improvements
Community Interest
Threats
Businesses Feeling
Discouraged
Reputation
Inertia/Resistance to New
Ideas
Proximity to Bakersfield
FocusAreas
Planning and Organization
Events
Design
Economic Development
PlanningandOrganization
Downtown Business Roundtable:
Organization for sustained input and responsibility from stakeholders
Quarterly meetings guest hosted by Councilmembers
An Investment-Friendly General Plan for Downtown:
Downtown overlay to encourage mixed-use investment with design standards
Review and update existing standards
Streamline Event Permitting and Insurance
Reduce length and complexity of permits required
Partner with Chamber to minimize risk and insurance requirements to City
Events
Special Events:
Farmers Market
First Fridays, cooler months, partner with Chamber
Repeat Events:
School Concerts, Churches, SRPD Classes, SLLC Art
Nights
100 downtown events per year within 5 years.
Event Infrastructure:
Restrooms
Storage
Speakers
Lights
Events can address all three goals for downtown - fostering community pride, attracting customers, and creating memorable family experiences.
Design
Façade Grants:
Restarting early 2000s facade improvement grants.
Grants support Downtown zone overlay to ensure
quality and consistent design.
Public Art Program:
Identify spaces for murals and other public art
Create a committee process for selecting designs
Lights in Trees:
Tree canopy is an asset that can be better utilized with lights.
Design
Downtown Park Redesign:
Improve function for events
Increase seating, shade
Add attractions as neighborhood anchor (coffee cart, play equipment, fountain, music)
Seasonal Intersection Decorations at
Central and James:
Design to serve as photo frame
Connect to activities
Signage:
Light Pole Banners for themes, brand
Sandwich Boards for Events
EconomicDevelopment
Incubator
Temporary discounted space for entrepreneurs
Retail space or a full kitchen for restaurants
Examples: City of Ontario, Santa Rosa, Tulare
Shop Local Dollars
Pilot program that can later be expanded
Examples: Delano (Yiftee), Orange (Bludot)
Business Spotlight
30-sec professional quality video shared via
social media (~5/year)
Business Workshops
Use Learning Center, Vets Hall, Wonderful.
Partner with other agencies.
DowntownCost Items
Downtown Coordinator Position:
Work with community organizations to host events in plaza (calendar, promotion).
Manage seasonal displays, banners, public art and facade grants.
Event Infrastructure:
Restrooms
Storage
Speakers
Lights
Design Improvements:
Facade Grants
Public Art
Signage
Banners
Park Redesign (including fountain)
Business Incubator:
Discounted retail and kitchen space
ResearchNotes
Stakeholder InputSummary
Residents:
Downtown seems old and tired.
Lacks attractions
Lacks icons, sources of pride.
Businesses:
Feel neglected
Efforts to help have often hurt.
Building owners seem
unmotivated to invest.
DowntownData:AverageDailyFootTraffic
January
February
March
April
May
June
July
August
September
October
November
December
0 200
400
600
800
1000
1200
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
0 200
400
600
800
1000
1200
1400
The busiest months downtown are in the
spring. The slowest are at the peak of
summer (July) and winter (January).
The busiest days of the week downtown are
Fridays and Saturdays.
Typical Daily
Traffic
(by month and
day)
Actual
Traffic
Estimated
Event
Impact
Events
Estimated Annual
Impact
First
Fridays
1,370 2,189 +819 3 +2,457
Farmers
Market
924 1,363 +439 11 +4,829
DowntownData:TheImpactof Events
2018 2019 2020 2021 2022 2023 2024*
0 10000
20000
30000
40000
50000
60000
DowntownData:CentralandJamesSalesTaxRevenue
*2024 Estimated from Q1