SIGNATURE PAGE TO
REVISED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23- 21
CITY:
CITY OF SHAFTER
a Califomia municipal
By:
Ma Yoro City Shafter
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City
APPROVED AS TO LEGAL FORM:
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SIGNATURE PAGE TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23.21
OWNER
LennarHomes of California LLC
8080 N. Palm Avenue, Suite 11
Fresno, C4937
By:
IKE
LL€
Its: Vice President
Dated: 0
93939. 0000s\ 41935831. l
42
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of Fresno )
On Januarv 30.2024 before me, Christine Collins. Notarv Public personally appeared Mike Miller _, who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature ( Seal) @"
CHRJSTINE COLLINS
Notary Public. California
Fresno County
Commisslon # 2466270
Comm, Expires Nov 7,2027
zPage 171 of 287
EXHIBIT .. A" TO
REVISED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23-2I
Legal Description of Property
EXHIBIT " A"
LEGAL DESCRIPTION
DEVELOPMENT AGREEMENT BOUNDARY
ALL THESE PORTIONS OF LOT 3 AND LOT A OF TRACT 7333 RECORDED DECEMBER 11, 2018 IN BOOK 63 OF MAPS, PAGES 9 THROUGH 13 AND LOTS ATHROUGH D OF LOT LINE ADJUSTMENT NO, 22-089 RECORDEO MARCH 22,2023 AS DOCUMENT NO. 223032366 OFFICIAL RECORD$, BOTH RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTH HALF oF sEcTlON 36, TOWNSHIP 28 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF SHAFTER, COUNW OF KERN, STATE OF CALIFORNIA.
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EXHIBIT 668'' TO
REVISED TENTATIVE TRACT NO. 7244
DEVELOPMANT AGREEMENT NO. 23.2I
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EXHIBIT " C'TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23.2I
List of Existing Development Approvals
1.) City of Shafter Resolution No. 2543 for Revised Tentative TractNo. 7244 2) CiLy of Shafter Resolution No. 2673 for Revised Tentative Tract No. 7244 Extension of Time
3.) City of Shafter Resolution No. 2914 for Revised Tentative Tract No. 7244 Extetsion of Time
a) 2005 City General Plan;
b) City Zoning Code;
c) Marcona Preserve Specific Plan;
d) Tentative Map 7244 and final subdivision map
e) Design review approvals;
D Grading and building permits; and
g) California Environmental Quality Act Requirements
93939. 00005\ 41 99361 3.1
EXIIIBIT *D'TO
REVISED TENTATIVE TRACT NO.7244
DEYELOPMENT AGREEMENT NO. 23.2I
Conditions of Approval for Revised Tentative Tract No.7244
GENERAL
l. The owner( s) or project proponents ( hereinafter referred to as "Developer"), solely at their cost and expense, shall defend, indemnifu and hold harmless the City of Shafter hereinafter referred to as "City"), its agentso legislative bodies, officers and employees regarding any legal or administrative actiono claim or proceeding concerning approval of Revised Tentative Tract No. 7244 and/ or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act hereinafter referred to as "CEQA"); or, at its election and in the altemative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City' s reasonable approvals. Developer shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bodies, officers and employees may be required to pay or otherwise pay as a result of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer' s obligations under these conditions of approval ( hereinafter referred to as " Conditions").
2. The developer or the developer' s engineer shall submit a list of all contractors and/ or subcontractors performing work on this project to the City Administrative Services Department and such contractors and subcontractors shall obtain valid business licenses to do business andlor work in the City of Shafter.
3. The following disclosure shall be given as part of transfer of properties: " All your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24 hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has 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."
4. Until all portions of the tentative tract have been developed, all vacant and undeveloped land, not being actively farmed, shall be maintained in a weed- free and clean manner by the developerlapplicantlproperty owner. Should said property not be so maintained, the City shall notify property owner that the property is to be cleaned within thirty ( 30) days 93939.00005\41 99361 3.1
of receipt of sajd 4otice. Ifpro. perfy ownea doe$ not comply within the required time frame, City may then clear the land and bill the property owner for expenses incurred.
5. Unless a final map is recorded, this tentative tract shall expire fwenty- four ( 24) months from the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, Developer, not less than sixty (60) days prior to the expiration date, shall submit to the City in writing, a request for an extension of that approval in accordance with the provisions of City Code,
6. All construction and development shall be consistent with the City of Shafter Heritage Ranch Specific Plan and Revised Tentative Tract No.7244
PLANNING
7. Approved street names are as follows: Seventh Standard Road ( existing), Jewetta Avenue North (existing), Bird Court, Canyon Court, Hitching Way, Marble Street, Ponderosa Avenue, Raven Way, Sunrise Avenue, Whispering Lane, Windsong Avenue, Dusty Court, Acre Court, Banjo Way, Fields Way, Green Way, Porch Way, Cabin Way, Yearling Court, Rawhide Avenue, Mystic Wuy, Blazing Way, Bareback Avenue, Glenbrook Avenue, and Sagebrush Avenue. Approved alternative street names include: Stagecoach, Shadetree, Tumbleweed, Wandering, Bridlewood, Homestead, Longmeadow, Majestic, Pleasant, Rambling, and Sparkling. Street names not approved include Grove Way, Knotty Way, and Golden Avenue.
8. Approved access shall be provided for each lot in accordance with City standards.
9. A11 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 rnuch as practical from view from public streets.
10. With the exception of model houses, as provided in Section 3.080, Chapter 3, Title 16 Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until Revised Tentative Tract 7244 has been recorded pursuant to the requirements of Title 16 (Subdivision Ordinance) and Title 17 (Zonng Ordinance) of the Shafter Municipal Code.
11. Prior to recordation of the first phase of the final map, an 8-foot-tall solid masonry theme wall shall be constructed along the Seventh Standard Road frontage, from the Friant-Kem Canal to the Calloway Canal along the north side of the 22- foot- wide landscape easement, incorporating the primary entry signs and landscaping at the corners of Jewetta Avenue North and Seventh Standard Road as specified in the Heritage Ranch Specific Plan. The solid masonry wall shall be eight ( S) feet in height above the grade of Seventh Standard Road, as measured from the median, from the west side of Lot "E" to the north side of Lot 117.
12. Prior to the recordation of the subject phase of the final map, an 8-foot- high solid masonry wall shall be constructed to separate Lot "E" from the adjacent residential lots, 93939. 00005\ 41 99361 3. I
including along the west side of Jewetta Avenue North. Acces$ to the drilling island shall be provided from a residential street by a commercial drive approach and a minimum 16- foot- wide gate. Construction, style and finish are subject to City approval.
13. Prior to recordation of the subject phase of the final map, an eight ( 8) foot tall solid masonry theme wall shall be constructed along the eastern project boundary adjacent to the Friant-Kem Canal from the north side of Lot 117 to the north side of Lot 112. The solid masonry wall shall be eight ( 8) feet in height above the grade of Seventh Standard Road as measured from the median.
14. Prior to the recordation of the subject phase of the final map, an eight ( 8) foot high solid masonry theme wall shall be constructed along the north boundary of Lot " H" from the west side of Lot " E" to the north side of Lot 235. The solid masonry wall shall be eight S) feet in height above the grade of Seventh Standard Road as measured from the median.
15. Prior to recordation of the subject phase of the final map, an eight ( 8) foot tall solid masonry theme wall shall be constructed along the west property lines of Lots 140 and 141, transitioning to a 6-foot-tal1block wall with pilasters to the south side of Yearling Court, including colner cut-off, and along the eastern boundary of the twenty ( 20) foot school sign easement north of Ponderosa Avenue.
16. Prior to the recordation of the subject phase of the final map, a six (6) foot tall solid masonry block wall with pilasters shall be constructed from the north boundary of Lot E" to the north map boundary along the west side of Jewetta Avenue North,
17. Prior to issuance of the first Certificate of Occupancy, a 6-foot- high masonry wall shall be installed along the east and west project boundaries adjacent to the Friant-Kem Canal and the Calloway Canal.
18. A six (6) foot tall solid masonry wall shall be constructed along the common lot lines between Lots 87 and 88 and the Recreation Center/ Park Site ( Lot "D"), and Lots 385 and 386 and Park Site ( Lot "C").
19. A six (6) foot tall solid masonry wall shall be constructed along the common lot line between Lot "A" (School Site) and the adjacent residential lot, consistent with City of Shafter Development standards.
20. The following note shall appear on the final map and all grading and construction plans:
a. Prior to commencing construction activities, the developer shall excavate the plugged well on Lot "C" (Park Site) and coordinate with the Division engineer from the Department of Conservation/ Division of Oil, Gas, and Geothermal Resources ( DOGGR) to have the well plugs leak-tested and perform any required remediation.
93939.00005\41 993613. 1
b, If drring grading or construction, any plugged, abandoned, or uffecorded oil or gas wells are uncovered or damaged, the DOGGR shall be contacted to inspect and approve any remediation required.
c. Building setbacks on lots with existing plugged wells shall satisfy the requirements of the DOGGR. If the recommended setbacks cannot be satisfied, the developer shall submit, concurrent with the submittal for a building permit for the impacted lot, written confirmation from the DOGGR that the setback provided is acceptable,
d,If any abandoned water wells are located within the development or discovered during excavation or grading, the Kem County Environmental Health Services Department must be contacted to obtain information for the proper permitting and destruction procedures.
21. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions. Verification of compliance will be the responsibility of the City of Shafter Building Inspection Division.
22. The developer of Revised Tentative Truct7244 shall comply with all San Joaquin Valley Air Pollution Conffol District ( SJVAPCD) requirements while grading and developing the site. It is the developer' s responsibility to contact the SJVAPCD to determine the applicable District requirements and rules.
23 Dtinr fn iccrrqnnp nf + h a ff*c} L"ilrlinc npmif the developer shall provide written confirmation from the SJVAPCD confirming that the applicable off- site mitigation fees for the subdivision have been paid.
24.The recommendations of the biological, archaeological, and traffic studies shall be implemented by the developer during construction and development of Revised Tentative Tract7244.
25. Prior to recordation of the first phase of Revised Tentative Tract No. 7244, the Developer shall enter into a Development Agreement with the City of Shafter, in a forrn and substance reasonably approved and required by the City, which shall provide forpayment of traffic fees established by the City and development and funding for the recreation center and park site located on the east side of Jewetta Avenue North. In the event that the City has not adopted such fees in a timely manner such that the Developer would have to make payment at the time of obtaining each building permit for the development of the subdivision, then the Developer and the City agree that traffic fees shall be a minimum of $6,925. 00 per lot, and that such fees represent the actual costs pertaining to trafftc impacts proportional to and directly related to each lot. Such fees shall be paid regardless of whether the Developer and the City ether into a development agreement. In addition, the Developer shall cooperate with the City regarding the establishment and formation of a coflrmunity facilities district for school purposes and the Developer shall require all successors in interest in and to the subdivision, and each portion thereof, to cooperate with the Cify in the establishment of such a district. For this purpose, the Developer and its successors in interest shall not object or participate in any protest regarding the 93939.00005\41 99361 3. I
formation of such a district, and shall affirmatively vote " yeg" with respect to all real properfy within the subdivision for purposes of establishing such a district.
26.Pior to recordation of the first phase of Tract 7244, the Developer shall complete the following:
a. Establish a Homeowners Association for maintenance of the streets, entry gates Pleasant Street and Lot " F"), common landscaping, and infrastructure within the proposed gated community.
b. Obtain approval from the City of Shafter and the North of the fuver Recreation and Parks District for the design of the proposed recreation center/ park site located on Lot "D". The approval shall include recordation of any document speciffing the mechanism for maintenance and funding of the park construction as well as long-term maintenance of the park facilities and amenities. For nonagreement on park design between the City of Shafter and North of the River Recreation and Parks District, the City of Shafter shall have final approval authority. See Condition No. 34.
Obtain and record all required easements and shared use agreements for the pedestrian path and future pedestrian bridge to be constructed along the north side of and across the Calloway Canal.
d, Obtain permits and record all easements needed for construction of the pedestrian bridge across the Friant- Kern Canal if they have not already been obtained by the developer of the Gossamer Grove Specific Plan.
e. Obtain and record all easements and shared access agreements on behalf of the City of Shafter for access and maintenance of the sewer facilities to be constructed along and across the Calloway Canal property.
f. Obtain and record all easements required for construction of and future access to the | ift station and associated lines within the Mission Lakes Specific Plan.
27.The developer shall add the subject property to the North of the River Park Maintenance District prior to recordation of the fnst phased final map.
28. The Developer shall enter into an agreernentwithNorth of the fuverRecreation andParks District ( NOR) to:
a. Develop the t'wo park sites to NOR' s standards and be approved by NOR prior to permit and commencement of construction.
b. Join the NOR Park Maintenance District (Proposition 218). A secondary assessment above the annual NOR Park Maintenance fee may be assessed to maintain desired high cost recr€ ation items such as pools, splash pads, water features, distinctive plantings, etc,
c
93939,00005\4r 99361 3.1
c: Record a Covenant for each phase of the tract with NOR, disclosing proximity of the development to public parks, potential for increased vehicular traffic during programmed activities and potential of light, glare and noise dishubances associated with park operation.
d. NOR' s acceptance of the two (2) parks is contingent upon Norris School District's agreement to allow use of their open space and playing fields as public park land.
Should Norris School District not agree to allow NOR to utilize their open space and playing fields making NOR unwilling to accept the two ( 2) parks, the City of Shafter shall have full authority over the design and construction of the two parks.
See Conditions Nos. 33 and34.
29. Prior to recordation of the phase of Tract 7244 contarning the 200ft lot of the map, the developer shall pay to the City of Shafter his or her proportional share, based on an engineer' s estimate acceptable to the City Engineer, of the cost to construct a pedestrian bridge across the Calloway Canal. The City will place the funds into an escrow account for use when the bridge is constructed. The developer will be refunded any excess funds upon completion of the bridge construction or, should the bridge construction costs exceed the original engineer' s estimate will be responsible for providing any additional funds needed.
30. Prior to or concurrent with the recordation of the first phase of Tract 7244, the developer shall pay to the City of Shafter his or her proportional share, based on an engineer's estimate acceptable to the City Engineer, of the cost to construct a pedestrian bridge across the Friant-Kem Canal. The CiW will place the funds into an escrow account for use when the bridge is constructed. The developer will be refunded any excess funds upon completion of the bridge construction or, should the bridge construction costs exceed the original engineer's estimate will be responsible for providing any additional funds needed.
31. If applicable, the developer shall enter into an agreement with the Norris School District to either join the existing Community Facilities District ( CFD) or create a new CFD.
32. Developer shall ensure all existing electrical conduits, conductors, poles, guy wires, utility boxes, and all related surface and subsurface facilities between the solar field to the north and the PG&E substation to the south are not damaged by development activity except where allowed or approved by the utility owner, PG&E. Developer shall also ensure no portion of the easement for said utility is located within any residential lot boundary.
33. Prior to recordation of the final map and issuance of a residential occupancy permit for the subject phase, the Lot " C" public park site shall be fully constructed, landscaped, and completed pursuant to City of Shafter approval, consistent with the Heritage Ranch Specific Plan, and dedicated to the City of Shafter.
34. Prior to recordation of the final map and issuanee of a residential occupancy permit for the subjectphase, the Lot " D" public park site shall be fully constructed, landscaped, and 93939. 00005\ 41 99361 3.1
completed pursuant to City of Shafter approval, consistent with the Heritage Ranch Specific Plan, and dedicated to the City of Shafter.
35. The map shall be redesigned to replace the knuckle at the intersection of Marble Sheet and GlenbrookAvenue with aradius curve.
36. Lot "H" shall be dedicated to the City of Shafter with the first recorded phase of Tract 7244, Lot " H" shallfully contain the following:
a. The existing electrical easement owned by Shafter Solar LLC. b. Sewer easements required for gravity sewer and force mains from both Tract7244 and the Gossamer Grove development.
c. A thiffy ( 30) foot wide pedestrian easement on and along the north right-of-way line of the Calloway Canal needed to connect the Natural Trail on Seventh Standard Road to the future pedestrian bridge crossing the Calloway Canal.
37. Prior to initiating any grading or earthmoving within Revised Tentative Tract No. 7244, the developers shall provide the City of Shafter with written confirmation from the San Joaquin Valley Air Pollution Control District that the development is in compliance with the District' s Rule 9510.
BUILDING
38. Prior to issuing a certificate of occupancy for any building, building address(es) shall be permanently installed and be clearly visible from the street.
39. No final inspection or issuance of a certificate of occupancy shall be approved for any lot, until all required improvements have been completed by the developer/ applicant and accepted by the City.
40. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.
41. Developer shall comply with the latest California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and all other applicable codes, ordinances, regulations, and development standards irt effect atthe time of issuance of relative permits.
42.Pior to issuance of each building permit for houses within Revised Tentative Tract7244, developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exterior building materials and colors, for each of the single- family residences to be eonstructed within R.evised Tentative Ttact7244.
93939.00005\4r 99361 3. I
43. Private drives constructed of Portland cement concrete sha1l be gonstrycted at a minimum width of t6 feet from the edge of public roadway pavement to the garage of each home,
44. Alandscapingplan, including design of apermanent irrigation system, shall be submitted to and approved by the Planning Director. Said approved landscape and irrigation plan shall be implemented prior to receiving a final inspection for any house constructed within the subdivision. A11 landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards. Landscaping shall include an irrigation system for both the front-yard and the street side- yard ( where applicable) provided the street side- yard is not obscured from sight from an adjacent street by fencing, for each lot within the subdivision. Landscaping shall be in compliance with current State guidelines for residential landscaping.
45. Fiber Optic Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic requirements:
a. Install a City fiber box (enclosure type: 14326W- UL or as directed by the City) adjacent to the other utility boxes ( power, phone, and cable). The fiber box shall be in addition to the phone and cable boxes. The fiber box shall face the exterior and shall include one 120 volt, 15 amp surge protected convenience receptacle located inside the fiber box. The Owner may alternately install a common communication box ( enclosure type: 14326W- UL or as directed by the City IT Department) for the proposed utilities ( phone, cable, and fiber). The communication box shall face the exterior and shall include one 120 volt, 15 amp surge protected convenience receptacle located inside the communication box for the fiber installation.
b. Install an RF transparent structured media enclosure ( enclosure type: Leviton 49605- 30W, Primex Verge P3000 or as approved by the City) in the master bedroom closet with a minimum 72" clearance between any other in-wall or freestanding appliances or accessories so as to allow for unobstructed wireless signal propagation throughout the home. The enclosure shall include one 120 volt, 15 amp surge- protected convenience receptacle located inside the enclosure. c. Install a future route from the City fiber or common communication box to the proposed media enclosure with a minimum of a one ( l) inch diameter nonmetallic tubing ( smurf- tube) or better with bright orange Tyvek or plastic tags, labeled " City Fiber Use Only, 661- 746- 5000", attached at each end of the conduit in plain view.
d. Install a continuous conduit without breaks or couplings from the bottom side of the City fiber or coflrmon communication box to the existing City fiber infrastructure located in the right-of-way. The conduit shall be a minimum of one 1) direct bury 10/6mm ( OD/ID) HDPE microduct with attached trace wire. The proposed conduit shall be installed a minimum of 36 inches below grade and be bright orange or other color approved by the City. The final conduit shall be a different size, color or shade of color from all other utility conduits. If the conduit 93939.00005\41 99361 3. I
does not have an attached trace wire, a continuous extemal # 12 AWG solidconductor tracer wire with high- density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 4 feet of slack at both ends.
i. After backfill, all fiber optic conduits installed underground shall be mandrelled between the City fiber or common communication box and the existing Ciry fiber infrastructure located in the right-of-way. The mandrelling process shall be witnessed by a City of Shafter Public Works Department representative. For conduit without a pull string, mandrel diameter shall be at least 70Yo of the conduit inside diameter. For conduit with a pull string, the string shall be taped taught to both ends and the mandrel diameter shall be at least 50% of the conduit inside diameter. ii. Conduit couplings shall only be used to repair damaged conduit and shall be airtight, water- tight, push- up compression fitting approved by the City. e. Install Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable ( or as approved by the City) fi'om the media enclosure to everyphone and cable terminationpoint through the home leaving 6 feet of slack in the enclosure and terminating to a CAT 6-rated 8P8C ( RJ-45) jack, using the TWEIA-568 T568A pinout standard, adjacent to every phone and cable termination. All CAT 6 and other networking cable is to be installed according to industry standards and shall not be pinched, stapled, bent sharply or crossing any sharp, unprotected edges. f. Install ceiling Wi-Fi Access Point mounting locations as approved by the City on each floor such that no exterior wall is more than 30 feet from either the media enclosure or another Wi-Fi AP mounting location. Since Wi-Fi AP signals generally do not propagate well vertically between floors, each floor must meet the aforementioned 30-foot standard. Each Wi-Fi AP mounting location will include a single- gang low voltage walk box through which a single CAT 6 UTP cable, terminated with a CAT 6-rated 8P8C ( RJ45) plug and connected to the AP, will be run to the media enclosure and left with 6 feet of slack.
ENGINEERING
Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer. The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.
47. Acceptable traffic control, including signs and personnel, shall be utilized whenever construction of required improvements requires the contractor to work within existing vehicular paths of travel. If determined necessary by the City Engineer, the contractor shall include provisions to allow for pedestrian traffic through or past the construction site. The latest edition of Caltrans Traffic Manual shall be the standard for all construction related traffic control.
46 93939. 00005\ 41 99361 3. I
48. Developer shall relocate atd/or install all necessary infrastructure to provide utilities to the proposed project.
49. A ten ( 10) foot public utility easement, as shown on the tentative map, shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer. Easements shall be granted with the final map.
50. Pedestrian easements shall be provided wherever sidewalks and other public walking paths are to be constructed outside the proposed public rights-of-way. The minimum width of the pedestrian easements shall be one ( 1) foot. 51 . Lot " F" (Pedestrian Access) between Lots I 17 and 1 18 shall be lighted and landscaped in a manner approved by the City Engineer. The lot shall be recorded as a Public Access Easement on the final map. Walls on both sides shall be constructed within the easement.
Walls shall be reduced to no more than 40 inches in height within the minimum frontyard setback.
52. Easements to be given to the City or any other public utility agency for, sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property without prior approval of the City Engineer.
53. Any above- ground utility cabinets or facilities to be located within the road right-ofway or public utility easement shall be permitted only upon approval by the City Engineer. Such approval will be made in writing, upon written request of the developer andlor the affected utility company.
54. Any obstructions including utilities, irrigation lines, etc., shall be removed and/ or relocated, if necessary, at the expense of the developer.
55. No final inspection shall be approved until all required improvements have been completed by the developer and accepted by the City of Shafter.
56. All new utilities shall be underground service.
57. During construction, vehicular access points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust during periods of vehicular activity and/ or windy conditions and tracking of mud and dirt on public roadways.
58. Prior to the issuance of a Certificate of Occupancy on any lot of Tract 7244, all required improvements shall be completed and accepted by the City of Shafter. Additional improvements outside the affected project boundary may be required for orderly development as determined by the City Engineer.
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59. All improvements shall be complete within one ( 1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer.
Timing of improvements shall be subject to approval of the City Engineer.
60. Type and location of centralized mail delivery units shall be determined by the postal service. If the postal service requires special easements for the placement ofthe delivery units, then said easements shall be shown on the final map'
61. Access to and from the existing solar plant through the main gate on the south side of the facility shall not be restricted or prevented by development activities.
62. Prior to recordation of the first phase of the final map. Seventh Standard Road shall be constructed to its ultimate northerly extent within the development of Revised Tentative Tract7244. Improvements shall include an additional west bound lane, deceleration and acceleration lanes at Jewetta Avenue North, landscaping ( minimum 22 feetwide) trail, paseo, and 8' high block wall, consistent with Revised Tentative Tract 7244, Heritage Ranch Specific Plan, and City of Shafter General Plan'
63. Prior to the recordation of the first phase of the final lnap. Jewetta Avenue North shall be constructed and improved including theme wall, entrance monuments, landscaping, sidewalk, and multi- use walkway, as required by and consistent with Revised Tentative Tract7244 and the Heritage Ranch Specific Plan.
64. The developer shall install a traffic signal and construct a median break for the intersection of Jewetta Avenue North and Seventh Standard Road prior to recordation of the first phase of Tract 7244. The median break shall not be constructed separately from the traffic signal. The design, construction, and installation of the traffic signal and median break shall be subject to City of Shafter and City of Bakersfield approval.
65. All road, landscaping, ftail, sidewalk, blockwall, and multi- use walkway improvements, required by and consistent with Revised Tentative Tract 7244 and the Heritage Ranch Specific Plan, shall be constructed by the developer and approved by the City of Shafter prior to recordation of the subject final map phase. Wall plans, materials, and dimensions shall be consistent with the requirements of the Heritage Ranch Specific Plan and Revised Tentative Tract 7244 and shall be approved by the City of Shafter prior to construction. Timing of improvements shall be subject to the approval of the City Engineer.
66. All landscaping, trail, sidewalk, block wall, and multi- use walkway improvement areas within the map boundary shall be dedicated to the City of Shafter with the recorded map.
Areas located outside the tract map boundary shall be dedicated by separate instrument prior to, or concuffent with, recordation of the final map phase'
67. Developer shall place the entire subdivision within a new Landscape/ Lighting Maintenance District, prior to acceptance of improvements by the City of Shafter. The maintenance district shall be set-up to cover the cost of street lighting, drainage basin 93939. 00005\ 41 99361 3.1
maintenance, landscaping maintenance, paseo/ trail maintenance, as well as all administrative costs associated with the City of Shafter' s management of the district. a. The developer shall be required to cover the cost of street lighting, maintain all landscaping, ptrk maintenance, including the replacement of any trees or shrubs that do not survive, within public right-of-way and landscape easements for a period of one ( 1) year after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. b. Developer shall be fully responsible for the formation, and formation cost of the Landscape/ Lighting District, as directed by the City Engineer. c. Developer shall be fully responsible for paying the cost of water for all landscaping and etectricity for the street lights until such time as the maintenance district is formed.
68. Engineered plans and building permits are required for all block walls greater than 6- feet in height.
69. Developer shall design and install a system of conduits, terminal boxes, splice boxes, conneciion points, and hand holes for a fiber optic network to each buildable lot within the development. Plans shall be submitted and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility ffench and all appurtenant hardware. Fiber optic conduits can be joint trenched with other utility coqpany pipes and/or conduits. After backfill, conduits and microducts shall be mandrelled, checked for obstructions, and re-excavated and repaired where necessary. The mandrelling process shall be wiuressed by a City of Shafter Public Works Department representative. For conduit without a pull string, mandrel diameter shall be at least 70o/o ofthe conduit inside diameter. For conduit with a pull string, the string shall be taped taught to both ends and the mandrel diameter shall be at least 50% of the conduit inside diameter. Conduits 1/2- inch or larger shall require mule tape. Design and material specifications are available from the City of Shafter. Existing City owned fiber optic conduits, boxes, FOC cable, and related facilities within the development shall be modified or relocated by the developer as necessary in a manner approved by the City.
70, Prior to construction, all improvement plans and landscaping plans shall be approved by the City of Shafter.
TL Developer shall install four ( 4) way stop signs, pursuant to City of Shafter standards, at the intersections of 1.) Jewetta Avenue North and Whispering Lane, and2.) Jewetta Avenue North and Ponderosa Avenue.
72. The side- yard fences running parallel to local skeets shall consist of a masonry block wall toppedwith awooden fence. Wall shall be designed to retain earth where necessary.
Sufficiint area behind the sidewalk shall be provided to accommodate the installation of community mailboxes, where required by the US Postal Service. 93939.00005\41 99361 3.1
73. All phased final subdivision maps proposed for recordation shall be in substantial conformance with the approved tentative map.
74. If the subdivision is to be phased, additional improvements for circulation shall be provided as required by the City Engineer.
ENGINEERING: GRADING & DRAINAGE
75. Prior to review of any required improvement plans, both a drainage/ hydrology study and a grading plan shall be submitted to and approved by the City Engineer. A master grading plan shall be submitted and approved for Revised Tentative Tract 7244.
Future development plans shall be based upon the approved master plan. Any deviation from the approved master plan will require the approval of the City Engineer.
76. The drainage/ hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run'offwill not impact surrounding properties. The study shall focus on the project property and any affected adj acent properties.
77. Developer shall review the existing grading for the solar plant constructed to the north to ensure to the Developer' s satisfaction that drainage from the existing solar site will not negatively impact frnished lots or improvements within Tract 7244. 78 A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
79 A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
80. Prior to issuance of a building permit. the developer shall file a "Rough Grade Certificate" with the City in accordance with the City Engineering Design Standards.
Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and,acertificate stating that the rough grade is in substantial conformance with the approved grading plan and Chapter 33 of the California Building Code. Developer to obtain Rough Grade Certificate form from the City.
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8 1 . Prior to final approval, acceptance of work, or issuance of Certi frcate of Occupancy, the developer's engineer shall file a "Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate form from the City.
82. The location and frequency of soils compaction testing shall be per the City Engineer Soils compaction testing shall be provided by the developer/ omer.
83. Minimum slopes across any flat swface shall be lYo.For slopes less than 17o, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, Underground storm drain, or similar drainage strucfure.
84. All building pads shall provide a minimum of 2o/o slope away from each house to an earth swale, and a minimum of l% from the highest point in the swale to the street.
A four inch landscape drain may be used to replace the earth swale. The minimum pad height shall be twelve ( 12) inches above the adjacent curb.
85. Street side corner lots shall not have their side yard slope ( finish grade to back of sidewalk) exceed 4 horizontal: I vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
86. Wood retaining structures shall not be approved. Developer shall use masonry, concrete, or other approved material.
87. Engineered off-site drainage plans for Revised Tentative Tract 7244 shall be submitted to and approved by the City of Shafter prior to recordation ofthe f,rnal map.
The approved drainage facilities shall be constructed and approved by the City of Shafter prior to issuance of building permits.
88. The area used for the drainage sump shall be fenced and screened in a manner approved by the City Engineer and consistent with the requirements of the Heritage Ranch Specific Plan. The fence is to enclose the entire sump. Masonry wall (or equivalent) conforming to City standards shall be built for all portions of the perimeter fence viewable from the street or adjacent lots, The north side does not need to be provided with a block wall. A lockable privacy gate, concrete driveway, access easements, and drainage easements shall be provided for access and storm drain lines to the drainage sump as required by the City Engineer. At the option of the City Engineer, a landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the City Engineer. Said approved landscape and irrigation plans shall be implemented prior to issuance of any building permit for the development. At the option of the City Engineer, in lieu of the above, the area befween the right-of-way line and the setback line from the lots containing the sump shall be dedicated to the adjacent lots, and the landscaping usually required for the sump lot shall belong to the lots adjacent to the sump. 93939.00005\41 993613. 1
89. The number and location of cross gutters allowed, if any, will be determined during the grading and drainage review process. Drainage siphons shall not be used. The minimum grade for allowed cross gutters shall be 0.6%.
90. A1l storm drain pipes and manholes shall be installed with the street paving. Catch basins shall be installed per City standards.
9I. Grading onto adjacent property shall not be done without written permission from the adjacent property owner.
92. The Office ofthe City Engineer shall be notified 24 hours in advance of the placement 14 of any fill material.
93. Fill and/ or import material shall be subject to the approval of the soils engineer
94. Developer is responsible for the grading of lot pad areas to within 0.l-foot of the design elevations.
95. All areas in the site on which structures are to be placed must be compacted to 90o/o relative density, or as required by the soils report and with concurence of the City Engineer, for a minimum distance of S-feet in all directions from the foundations of the structure.
96. All fiIl material shall be moisture conditioned to at least2o/o above optimum moisture and compacted to 90o/o relative density, or as required by the soils report and with concuffence of the City Engineer, as determined by test methods referenced in California Building Code, appendix Chapter 33, Section 3305, and so certified by test and report from the soils engineer.
97. The design engineer shall exercise sufficient supervisory control during grading operations to ensure compliance with the plans, specifications, and code within his purview.
98. The placement of fill shall be in 6-inch maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically reconrmended otherwise in the preliminary soils report.
99. Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2-feet beyond the outside edges of pavement. Compaction shall be as required by the soils report and with concurrence with the City Engineer.
100. All cut and fill slopes shall not be steeper than2 horizontal to I vertical. 93939.00005\41 99361 3.1
101, All fiIl areas to be cleared of all vegelation arrd other unsuitable matelials for a structural fill and the areas shall be scarified to a depth of 6-inches, unless specifically noted otherwise in the preliminary soils report.
102. All slopes in excess of three ( 3) feet shall be prepared and maintained to control against erosion.
103. Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California Building Code.
104. Dwing grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped atthe project boundary. 105. The Developer shall coordinate with the North Kern Water Storage District to establish a new common grade along the common property line with the Calloway Canal106. Developer' s attention is directed to the provisions of the SJVAPCD' s Regulation VIII Fugitive
PM10 Prohibitions, which require the submission of a Dust Control Plan for certain construction projects. Developer shall comply with all applicable SJVAPCD rules and regulations including the submission of a Dust Control Plan as may be applicable. Current SJVAPCD rules and regulations are available online at http : //www. valleyair. org/rules/l rule sl i st. him. 107. It shall be the Developer' s responsibility to prevent a dust nuisance from originating from the site of the work as a result of its operations. Preventative measures to be taken by the Contractor shall include, but shall not be limited to, the following:
a. Water shall be applied to all unpaved areas as required to prevent the swface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
c. Temporary suspension of the work, either as a result of order by the Engineer or as a result of conditions beyond control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
ENGINEERING: WATERYFIRE
108. The developer shall install fwo water systems for the project together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. One water system shall be developed exclusively for drinking or domestic water service. The other shall be for irrigation of lawns, parks, and common landscape area and provided by either existing or new 93939.00005\41 99361 3.1
wefls, Developer shall submi- t water improvemenl plans to the City Engineer an. d Oildale Mutual Water Company for review and approval. Developer shall construct the public water system in accordance with Subdivision Engineering Design Manual for the subject property. The dual water system shall be constructed by the developer and approved by the City of Shafter and Oildale Mutual Water Company prior to recordation of the final map.
109. To the greatest extent possible, above ground air-vac or air release valves required by Oildale Mutual Water Company shall be located in public landscaping or natural trail areas and not along residential project frontages. This requirement is subject to the approval of Oildale Mutual Water Company.
110, To the greatest extent possible, wet utilities (sewer, water, storm drain) shall be installed between the flowlines on all streets.
1 1 1. Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the developer fromthe Kern CountyFire Department. Evidence of this Certificate of Approval shall be provided to the City prior to acceptance of the water system by the City. 112. Prior to installation, all water improvement plans shall be reviewed and approved by the Kern County Fire Department. The review includes hydrant locations and access into and out of the Tract. A plan review permit, obtained from the Kern County Fire Department, must be applied and paid for prior to the review of any modified or new tract map.
113. Water line size, location, and materials shall be subject to the approval of the City Engineer. Minimum water line size shall be in accordance with the Subdivision and Engineering Design Manual.
I 14. Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer.
115. Whenever possible, the water system shall be looped to minimize dead ends. For culde- sacs greater than 330 feet in length, the water main shall be looped through the side lot lines of the lots near the end of the cul- de- sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision and Engineering Design Manual. 116. Separate dual water services shall be installed for each residential property 117. No permanent structures shall be constructed over proposed or existing utility easements.
118. The developer shall provide a minimum 2 access/egtess points per CFC Sec D107. 1 into the tract for emergencies. Such access shall be provided through Lot "H" or 93939.00005\4r 993613, 1
alternative apprgved by the City Engineer, or as approvgd by the Kem County !' ire Department.
119. The developer shall provide fire hydrants that comply with Kern County Development Standards ( Clow 850 or equivalent)'
120. The required fire hydrants shall be placed a maximum of 660 feet apart throughout the tract for firefighting purposes. Final hydrant locations shall be approved by the Kern County Fire Department prior to installation.
121. The developer shall install reflective markers to identiff hydrant locations pursuant to California Health and Safety Code 13060'
I22.The required fire hydrants shall provide a minimum fire flow of 500 gallons per minute for one hour at 20 psi residual pressure.
I23.Thewater system for the required fire hydrants shall be looped. l24.The Kern County Fire Department, Fire Prevention Office shall be contacted for a fire flow test and approval prior to the start of underground construction. 125. The developer shall install the required water, access and street signs prior to issuance of any building permit.
126. Afire flow test of the on- site facilities shall be performed and approved by the Kern County Fire Department prior to issuance of any Certificates of Occupancy. A fire flow test permit, obtained from the Kem County Fire Department, must be applied and paid for before flow test clearance will be granted. 127 . Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall be completed, tested, and accepted ( UFC 10. 502, 10.503).
ENGINEERING: SEWER
128. No properties shall be served by a septic system.
129. Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individual services for the purposes of the developmont. Developer shall submit sewer improvement plans to the City Engineer for review and approval prior to recordation of the final map. Developer shall construct public sewer system in accordance with Shafter Subdivision Engineering Design Manual for the subject property.
a. Until such time as a perrnanent City trunk sewer in Seventh Standard Road can be constructed and connected, the development shall construct a gravity sewer system, sewer lift station, and a force main that will collect and pump sewage 93939. 00005\ 41 99361 3. 1
from Tract 7244 to t-he existing City sewer system loqated within the Wonderful Industrial Park near the intersection of Seventh Standard Road and Zachary Avenue.
i. Gravity sewer mains shall be provided and installed within rights- ofway and easements granted to the City of Shafter and within Lot " H".
All easements, deeds, licenses, and/ or permits necessary for sewer facilities located outside the tract boundary shall be secured and recorded prior to the first recorded phase of Tract 7244 or sewer plan approval, whichever is first.
ii. Gravity sewer shall collect sewage from all sources within Tract7244 and deliver them to the proposed lift station. Lift station shall be a premanufactured precast concrete lift station constructed by a manufacturer with at least 10 years of experience in sewage lift station design and manufacture. Make and manufacturer shall be approved by the City. Lift station shall be delivered to the site and constructed in accordance with the manufacturer's installation requirements and plans approved by the City of Shafter.
iii. Lift station shall be located off-site, north of Seventh Standard Road and west of the Calloway CanaI. Developer shall secure sufficient property ( easements, dedications, or deeds) and access rights for the proposed lift station prior to the first recorded phase of Tract 7244 or sewer plan approval, whichever is first.
iv. Lift station site location, layout, ultimate size, design, and capacity shall be reviewed and approved by the City.
v. Developer shall secure a sufficient source of electrical power to operate the lift station.
vi. A single sewer force main pipe shall connect the lift station to the City of Shafter' s existing sewer system located near the intersection of Zachary Avenue and Fanucchi Way. Force main shall be sized for the lift station discharge from both Tract 7244 and Gossamer Grove Specific Plan. Developer shall coordinate with Lennar Homes developer of Gossamer Grove) for the future anticipated flows from Gossamer Grove Specific Plan.
1) As of July 8, 2A17, the City of Shafter is in the process of designing a trunk sewer system on and along the north side of Seventh Standard Road. This gravity sewer will eventually provide sewer service to properties located north of Seventh Standard Road, including Tract 7244 ( Heritage Ranch) and Gossamer Grove. It is possible that this trunk sewer may be operational prior to the development of Tract 7244 allowing the Developer to connect to the City's sewer system at a location closer to Tract 7244. The City makes no warranty regarding the schedule of the construction of this sewer trunk. The Developer is advised to coordinate with the City regarding connection to the City's sewer system.
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vii. Dual parallel forqe mains shall be installed along the north side of Seventh Standard Road for the Gossamer Grove development. The force main shall run from the west right- of-way line of the Friant-Kern Canal, to the lift station location. The force mains shall bypass the lift station location and connect to the force main installed for Tract 7244. 2) The developer of Gossamer Grove (Lennar Homes) shall be responsible for construction of their force mains up to and over the Friant-Kern Canal right-of-way to the west side of the Calloway Canal right-of-way to connect with the sewer system that is being designed and constructed for Tract 7244.
3) The developer of Tract 7244 shall coordinate the size and location ofthe force mains with the developer of Gossamer Grove ( Lennar Homes).
4) City of Shafter shall be provided with access rights to the force mains for maintenance and repair where they are installed outside public right-of-way. Access easements shall be recorded prior to, or conclurent with, the first recorded phase of Tract 7244, whichever occurs first.
viii. Other conditions applicable to the design and construction of the lift station an all force mains shall be developed in consultation with the City Engineer.
130. All fees and costs necessary to connect to the sanitary sewer collection and treatment system shall be those in effect at the time the service connection is made. 131. Sewer line size, location, slope and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision and Engineering Design Manual' 132. Tie-ins to existing sewer mains, manholes, or other structures shall be constructed as directed by the City Engineer.
133. Sewer pipelines and manholes shall be installed within the proposed street paving of the development.
134. Separate sewer services shall be installed for each property. At no time shall sewer be joint trenched with water.
135. Sewer lines will not be permitted in easements between the backyards or side- yards of residential lots.
136. No permanent structures shall be constructed over proposed or existing utility easements.
ENGINEERING: STREET & TRAFFIC
93939. 00005\ 41 99361 3.1
137. Developer shall construct and provide right- of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, walls, landscaping, street lights, drive approaches, intersections, and other related improvements consistent with Revised Tentative Tract 7244 andthe Heritage Ranch Specific Plan. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include: Preliminary soils report with R-Value tests taken from proposed road locations, preliminary engineer' s estimate of construction costs; and plan check and inspection fees.
138. Pleasant Street shallbe considered private south of the easterly extension of the south line of Lot 188.
139. The drawings shall include all proposed public street pavement, curb, gutter, driveways, street lights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site.
Said improvements shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual.
140. All local streets shall be developed as full-width streets in accordance with standards and specifications of the Heritage Ranch Specific Plan and the City, as approved by the City Engineer. All local streets shall be fifty-two (52) feet full right-of-way with forty ( a0) feet flowline to flowline.
141. Should a street transition to another street with a ninety ( 90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
142. Cul- de-sac and street knuckle dimensions and radii to conform to the Subdivision and Engineering Design Manual andlor as approved by the City Engineer. The use of off- set culde-sacs is approved provided they meet the requirements of the City. 143. Street signs shall be installed per City standards as required by tle City Engineer. 144. Allutilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the City Engineer.
145. During construction, the developer shall maintain the project, including adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings, and night time hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the Cify Engineer. 146. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City's Subdivision and Engineering Design Manual.
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147. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb, or as specified by the Heritage Ranch Specific Plan. Transitions at intersections and wheelchair ramps shall be provided and installed per the City's Subdivision and Engineering Design Manual.
148. Monument and monument covers shall be set per City Standards 149. Temporary turnarounds, if required, including right-of-way, shall be granted, designed, and installed per the Subdivision and Engineering Design Standards. 150. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top of curb with a stamped " S".
151. Street lighting shall be installed in accordance with the City Engineering and Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-2 rate schedule.
152. Secondary access easements shall be provided at the request of the City Engineer.
Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer. Access roads shall be twelve 12) feet in width and shall consist of three ( 3) inches of Class II aggregate base over six (6) inches of native material compacted to 90o/o relative maximum density. 153. A waiver of direct access to the following shall be dedicated and shown on the final map as follows:
a. Lots263, 264,273,274,283, and284 to Bareback Avenue. b. Lots 308 and 309 to Banjo Way
c. Lots 297 and320 to Blazing Way
d. Lots 321, 322, and329 to Ponderosa Avenue
e. Lots332, 340,363, and364 to Fields Way
f.Lot 351 to Marble Street
g. Lot 355 to Raven Way
h. Lot2l2 to Grove Way
i.Lots 227 and23l to Glenbrook Avenue
j.Lots 203, 204, and223 to Mystic Way
k. Lots 194 and20l to Whispering Lane
l. Lots 13,14,39, and40 to Hitching Way
m. Lots 56, 57 ,82 and 83 to Porch Way
n. Lots 90, 96, 187 and 188 to Pleasant Street
o. Lots 150, l5l, 172, 173 to Knotty Way
p. Lots 161 and 162 to Green Way
q. Lots I l7 and 118 to Common Lot " F"
r.Al1 lots adjacent to the east and west sides of Jewetta Avenue North 93939. 00005\ 41 99361 3. I
s! A11 lots adjacent to the north line of the Natural Trail easement alolg Seventh Standard Road
t.All rear lot lines adlacent to the Friant- Kern Cata| and the Calloway Canal u. All rear lot lines adjacent to the sewer/landscape lot identified as Lot "H" 154. Developer shall design and construct, with the subject phase of the final map, the public path(s) between cofirmon Lot " F", the sidewalk along Seventh Standard Road, and the pedestrian bridge across the Friant- Kern Canal meeting the requirements of the American with Disabilities Act ( ADA). The path design and construction shall be approved by the City ofShafter.
155. Yearling Court shall be constructed and approved by the City of Shafter, including curb and flowline, with the subject phase.
ENGINEERING: LANDSCAPING
156. Developer shall provide easements for and construct a 30-foot-wide pedestrian easement on and along the north right-of-way line of the Calloway Canal. a. Pedestrian easement shall be contained within Lot "H" for all portions within the boundary of Tract 7244. Any portions of the easement lying outside the tract boundary including the proposed pedestrian bridge across the Calloway Canal, shall be recorded prior to, or concurently with, the first recorded phase of Tract 7244. The pedesrian easement shall provide public access from the north side of Seventh Standard Road east of the existing vehicle bridge over the Calloway Canal to a future pedestrian bridge over the Calloway Canal, the exact location to be determined at a later date.
b. The minimum width ofthe pedestrian easement shall be thfuty ( 30) feet. c. Masonry wall shall be constructed between the pedestrian easement and residential lots.
d. A thirty (30) foot wide pedesffian easement west of Lot "H" on the northern portion of the Calloway CanaI property to a point where the pedestrian bridge will be constructed over the Calloway Canal. The easement shall be recorded prior to, or conculrently with, the first phase of Tract 7244. e. A thirty ( 30) foot wide easement for a pedestrian bridge over the Calloway Canal shall be recorded prior to, or concuffent with, the first phase of Tract 724. f. A six ( 6) foot high chain link fence shall be installed along the common boundary of Lot "H'r and the Calloway Canal, north of the Seventh Standard Road right-of-way, to the pedestrian bridge canal crossing. 157. Electrical Source for Landscaping:
a. Developer shall provide one or more metered services and pedestals for public landscaping.
b. Location of the meter pedestal shall be approved by the City Engineer.
I 58. Landscaping Enclosure:
93939.00005\41 99361 3. I
a. Landscaping water service point of connection shall be approved by the City Engineer. Water source shall be from the non-potable water system installed with the tract.
159. Water Source for Landscaping:
a. Landscaping timers, electrical service fuses, breakers, etc., shall be installed within a commercial grade landscaping enclosure.
b. Commercial grade landscaping enclosure shall be installed within the dedicated landscaping area adjacent to the water source and/or electrical source. c. Commercial grade landscaping enclosure shall be installed on a concrete foundation poured onto a minimum of six (6) inches of native subgrade compacted to 90Yo ( or in accordance with manufacturer's recommendations, whichever is more stringent).
d. Landscaping enclosure shall be provided with a 1l0-volt duplex electrical GFCI plug within the encloswe.
160. The developer shall comply with all requirements for grading and erosion control, including the prevention of sedimentation or potential damage to off-site property. 161. Sleeves shall be placed under the proposed paving for landscape piping or low voltage electrical per the City Engineer.
162. Landscaping within the Natural Trail on Seventh Standard Road shall be approved by the City. Separate plan sets shall be provided for the Natural Trail landscaping and shall show locations of water and electrical services necessary to serve the landscaping and lighting needs of the areas.
163. Bollards or other effective obstructions shall be placed at the pedestrian access easements located at the east end of Ponderosa Avenue.
164. Developer shall deed Lots B, C, D, H, and Ito the City of Shafter concurrent with the recordation of the applicable phase of the final map.
165. The landscaping along the north side of 7th Standard Road, between Jewetta Avenue North and the east boundary of the project, shall be dedicated to the City of Shafter as a lot.
166. Athirty (30) foot wide easement for a pedestrian bridge over the Friant- Kern Canal shall be recorded prior to, or concrrrent with, the first phase of Tract 7244.
ENGINEERING: SUBDIVISION IMPROVEMENT AGREEMENT
167. The developer shall furnish the City of Shafter with acceptable securify to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the City of Shafter Municipal Code and the State Subdivision Map Act.
The developer may enter into a subdivision improvement agreement with the City of 93939. 00005\ 41 99361 3. I
Shafter for public improvements that are not completed at the time of Final Map approval.
93939.00005\41 993613. 1
EXHIBIT 668'' TO
REVISED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23-2I
House Plans and Elevations
93939.0000s\41 93583 1. I
Collections
Choral Series
The Choral Senies offens bnand- new single-family homes for sale, including Next Gen@ floonplans, at the Mancona Pneserve master- planned community in Baker" sfield, CA.
Residents enioy no HOA and convenient proximity to gneat local attractions, nearby walking tr.ails, parks and golf courses. Plus, the community is situated close to Highway 99 for" simplified commutes and access to great entertainment venues and shopping centens.
Plans
LENNAFI'
Tutti X
3 bd . 2 ba . 1,856 ft'
Symphony X
4 bd . 3 ba . '1
half ba . 5,156 ft'
Bolero
4 bd . 3 ba . 2,085 ft'
Orchestra X
5 bd . 3 ba . 3,278 ft"
Melody X
5 bd . 3 ba . 2,578 ft'
7.2.2 Park Impact Fee. Developer shall pay the park impact fee (" Park Impact Fee") in effect at the time the building permit is issued for each single- family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $ 6,000. 00 for each single-family residence.
In lieu of paying a Park Impact Fee for each single-family residence, the Developer may design and fully construct publicly accessible parks included in a City- approved specific plan, which shall be completed within eight ( S) months of commencing park construction as set forth in Exhibit G, Park tmprovements, incorporated herein by reference
All hardware or equipment supplied shall be installed in accordance with City Standards or the manufacturer's requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the City or the public in general.
7.2.3 Sewer Impact Fee. Developer shall pay the sewer impact fee in effect at the time that the building permit is issued for each single-family residence. Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed 10,000. 00 for each single- family residence'
7.2.4 Miscellaneous Impact Fees. Developer shall pay any additional miscellaneous impact fees in effect at the time that the building permit is issued for each single- family residence, including but not limited to the following:
t.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Local Storm Drainage Collection Facilities;
Water Storage and Distribution;
Wastewater Collection Facilities;
General Facilities ( city hall, corporate yard, and municipal fleet); Aquatics Facilities;
Public Use Facilities ( community, senior, teen centers, et. al.); Library Building and Collection,
Park Land and Open Space Acquisition and Recreation Facilities; and Development and any other infrastructure provided by the City allowed by Government Code $ 66000, et. seq. (often referred to as A81600)' Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $ 20,000.00 for each single- family residence in total for all miscellaneous fees.
7.2.5 Fee Limitations Caveat. Developer understands and agrees that the feel limitations contained in Section 7.2.1 through 7.2.3 apply onlyto the Traffic Impact Fee, Park Impact Fee, Sewer Impact Fee, and Miscellaneous Impact Fees, and not to other categories of impact fees, Development Exactions and Processing fees, whether in existence or later enacted. 93939.00005\4 I 993 61 3.1
7,3 Landscaping Improvemgnts. Owner shal!, at its sole cost, expsnse, and liatiliry construct those certain landscaping improvements required as ' oconditions of approval" of Revised Tentative Tract Map No.7244 as described in Exhibit " D" of this Agreement and as described in Section 4.1.6 (Development Approvals) of this Agreement. Owner shall dedicate any required improvements to the City at the time of recordation of the final map for which the improvements t"eie
a condition of approval. Owner will construct such landscaping improvements in accordance with City and other applicable governmental agency rules, codes, standards, ordinances, and regulations in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority.
7.4 Public School Impact Fee. Owner shall pay all public- school impact fees required by the Norris School District attributable to the Project.
7.5 Flood Control and Storm Drainage Improvements. Owner shall meet all applicable conditions of approval pursuant to Resolution No. 2543 in Exhibit " D" consistent with the tract design, as illustrated in Exhibit ooB", found to be in substantial conformance by the City Engineer.
7.6 Public Utilities Impact. Contemporaneously with or prior to the approval of each final map applicable to the Project, Owner shall provide written evidence, acceptable to City, that Owner has fully satisfied all public utilities impact measures lawfully required by any public utility purveyor, including, without limitation, phone, water, electric, cable television and gas, which will service that portion of the Project. Failure to provide such evidence will result in disapproval of any final map.
7.7 Alternative Improvements Interests. City and Owner acknowledge and agree that acquisition of the real property and other interests necessary for the construction of the Public Improvements described in this ARTICLE 7 is subject to the provisions of Section 6.7 . If, due to uny r"urott whatsoever, Owner is unable to construct those Public Improvements described in this ARTICLE 7 due to the inability of either Owner or City to acquire the necessary real property or other interests to allow such construction, then Owner shall construct alternative improvements of an equal or greater value than those improvements which would have been constructed had the necessary property and other interests been obtained or pay an in lieu thereof if applicable. The value of such alternative improvements shall be as determined in the City's reasonable discretion, consistent with the programs, studies and reports substantiating the amount of development impact fees adopted by the City. Construction of the altemative improvements shall be in accordance with plans and specifications approved by City in accordance with all codes, ordinances, regulations, standards, and policies in effect at the time of the construction of the improvements.
7.8 Environmental Site Inspection. Owner hereby grants to the City, its agents, contractors, employees and other representatives the right to enter upon the Property during reasonable business hours for purposes including, without limitation, the surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute discretion, to the 93939.00005\41 99361 3.1
detemination of whether hazardous or toxic pollutauts, contaminants or materials ( collectively, o'environmental contaminants") are located upon any property which the City will be receiving thr-ough Dedication including, without limitation, parks, rights ofway, and utility easements. Upon discovery of any environmental contamination, Owner shall immediately cease any work thatmay have begun upon the Project, will notiff all appropriate governmental authorities and regulatory agencies, and will take all steps necessary to comply with any provisions of any federal or state environmental laws, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, and all other federal or state statutes of similar import and effect'
7.9 Dedication. The term
ooDedicate"
as used in this ARTICLE 7 means to acquire and
offer the subject land for dedication and to construct the improvements to be constructed by the Owner on such land pursuant to this ARTICLE 7 and thereafter to convey such land and improvements to the City. Owner shall convey the land on which the Public Improvements are to be constructed at the time provided therefor by the Infrastructure Phasing Plan, but in no event later than the recordation of the final tract map for which such Public Improvement( s) was/ were a condition of approval. Owner shall Dedicate/ convey easement interests in all property required to be Dedicated by this Agreement. The Owner shall Dedicate each Public Improvement upon completion of a segment component of such Public Improvement.
7.10 Minimum Dwelling Unit Size. Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,400 square feet of living space. The minimum square foot requirement excludes garages, patios and/ or porches whether enclosed or not.
7.ll Fiber Optic and Networking Installation for Dwelling Units. Owner agrees to install in each dwelling unit the following fiber optic and networking requirements:
A. Building Department Requirements
a) Install a Dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure ( collectively " Utility Enclosure") for the proposed communications utilities ( phone, cable, fiber, etc.). The enclosure type shall be BennerNawman 14326W- UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, l5-amp convenience receptacle inside the enclosure mounted on either side of the wall. A surge- protected receptacle must be installed. b) Install a wireless- ffansparent Structured Media Enclosure (" Media Enclosure"), such as models: Legrand 30" ENP3050, Legrand42" ENP4250, Leviton 30" 49605- 30W, Primex Verge 30" P3000, 42" PrimexVerge P4200, or as approved by the City. The Media Enclosure shall be installed in the wall of a master bedroom closet or a laundry room furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch 93939.0000s\41 993613. 1
clearance above any metallic appliances or accessories. The Media Enclosure shall include one 120-volt, l5-amp convenience receptacle located inside the enclosure. c) Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one ( 1) l-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures.
The conduit shall be marked with orange Tyvek or plastic tags, labeled " City Fiber Use Only'', 66I- 746- 5000", tie wrapped to the conduit in plain view within the enclosures. d) Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right- of-way (" Distribution Enclosure") to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36-inches below grade, protrude a minimum of l2-inches into the Utility Enclosure, be orange in color, and be factory labeled *
City of Shafter 66I-746- 5000". If the conduit does not have an integrated tracer wire, a continuous external # 12 AWG solid- conductor tracer wire with high- density polyethylene insulation rated for direot burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter representative before shading and backfilling.
1) Afterbackfilling, polyester cable pulling tape (Muletape), or equivalent, shall be installed in all conduit paths between the Distribution Enclosure and the Utility Enclosure. Mule tape shall be slack ( no tension) and fastened to the plug or cap. 2) Couplings shall be used to repair damaged or shortJength conduit only if approved by the City. Conduit couplings shall be an air- tight, water- tight, push- on compression fitting approved by the City. Tracer wire couplings shall be air-tight, water- tight, twist on or compression connector approved by the City. Coupling integrity shall be inspected by a City of Shafter representative.
e) Category 6 Unshielded Twisted Pair ( CAT 6 UTP) cable ( or as approved by the City) shall be installed according to industry standards and the requirements below, and shall not be pinched, stapled, bent sharply, or crossing any sharp, unprotected edges:
l) Install a minimum of two (2) cables from the Utility Enclosure to the Media Enclosure.
B. Engineering Department Requirements
0 Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber 93939.00005\41 99361 3.1
optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted to and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
l) A combination of fiber optic conduits shall minimally include 4" SDR- I 1 HDPE, 2" SDR-I1 HDPE, 1.25" SDR-I I HDPE, and 7-Way bundled HPDE innerduct with attached tracer wire. Fiber optic conduits may be joint-trenched with other utility company pipes and/ or conduits.
2) All underground fiber optic conduits, innerduct bundles, etc' shall be factoryJabeled " City of Shafter 661- 746- 5000". Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
3) All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integratedtracer wire, a continuous external # 12 AWG solidconductor tracer wire with high- density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the endpoint enclosures.
4) The ends of all fiber optic conduits and innerducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. 5) After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits %- inch or larger shall require polyester cable pulling tape ( Muletape) or equivalent installed. Polyester cable pulling tape ( Muletape) shall be slack ( no tension) and fastened to the plug or cap. Innerducts shall be mandrel tested and are subject to inspection by a City of Shafter representative. 6) A combination of underground utility enclosures shall minimally include 36"W x 60"L x 36"D polymer concrete enclosures with dual torsion covers, 36"W x 36"L x 24-36"D and 24"W x 36"L x 24-36"D High Density Polyethylene ( HDPE) enclosures.
7) Al1 underground utility enclosures shall be factory- stamped City Fiber".
ARTICLE 8. FINANCING OF PUBLIC IMPROVEMENTS AND
MAINTENANCE OBLIGATIONS
93939.00005\4 I 99361 3.1
8.1 Maintenance Services Community Facilities District. The City and the Owner agree to the formation of a new, or annexation to an existing, Communities Facilities District 1*CFD"; pursuant to the terms of the Mello- Roos Community Facilities Act of l982,beingChapter
2.5 of Part I of Division 2 of Title 5 of the California Govemment Code commencing with section 5331l, as amended ( the " Act"). The territory of which shall include the Project, for the pu{poses of the payment of the ongoing maintenance and operation costs associated with certain public servicei authorized under the Act ("services') located within, or appurtenant to, the Project.
Owner shall consent to the annexation or the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof. The O*ner further expressly agrees that failure of Owner to consent to the annexation or formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.1;provided, however, that after giving effect to such annexation, the bwrer is subject only to its fair share of the obligations and costs of providing the ongoing maintenance of the Services incurred for the Project. The Owner agrees to cooperate fully in any such annexation proceedings.
8.2 Public Safety Community Facilities District. The City and the Owner agree to the formation of a new, or the annexation to an existing, CFD pursuant to the terms of the Act, the territory of which shall include the Project, for the purposes of the payment of the ongoing costs associated with providing police protection, fire protection and suppression services, and other public services as authorized by the Act (" Public Services"). Owner shall consent to the annexation br the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or convgyance of the Property or any portion thereof. The Owner further expressly agrees that the failure of Owner to consent to the annexation or formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.2; provided, however, that after giving effect to such annexation, the b*o.r is subject only to its fair share of the obligations and costs incurred because of providing the Public Services. The Owner agrees to cooperate fully in any such annexation proceedings.
The Owner agrees that the Public Safety Community Facilities District may be formed as part of or separate from the Maintenance Services Community Facilities District described in Section 8.1 of this Agreement, at the City's discretion. 93939. 00005\ 41 99361 3. I
ARTICLE 9. REVIEW FOR COMPLIAI\CE
g.l Periodic Review. The City Manager, or his or her designee, shall review this Agreement annually on or before the anniversary of the Effective Date, in order to ascertain the gooO Aith compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to, and containing such information as may be requested by the City Manager, or his or her designee, within 30 days after written notice from the City Munug. t, orhis orherdesignee. TheAnnual MonitoringReport shallbe accompaniedbyanannual review and administration fee, in an amount consistent with then- existing City fee schedules and resolutions, sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set untr. tully by resolution of the Cify Council. Neither City nor Owner shall have a duty to notify the other oi their respective obligations hereunder and the City' s failure to so conduct such annual reviews shall not affect the rights, protection, and benefits afforded Owner by the Development Agreement Law and this Agreement shall remain subject to the Development Agreement Law.
9.2 Special Review. The Planning Commission or City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.
9.3 Procedure.
a) During either a periodic review or a special review or at any time upon City's determination that Owner is in default of this Agreement as described in Section 10.4, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement.
The burden of proof on this issue shall be on Owner'
b) upon completion of a periodic review or a special review, the city Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the widence concerning good faith compliance by Owner with the terms of this Agreement and his/her recommended finding on that issue.
c) If the Planning Commission finds based on substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
d) If the Planning Commission makes apreliminary finding that Owner has not complied in good faith with the terms and conditions of this Agreement, the Planning Commission may recommend to the City Council that the City Council commence proceedings to modify or terminate this Agreement and the City Council mayproceed to modify or terminate this Agreement under Section 9 .4 andsection 9.5. Notice of default and opportunity to cure as provided 93939.00005\41 993613. 1
under Section 10. 4 of this Agreement shall be given to Owner prior to or concunent with proceedings under Section 9.4 and Section 9.5.
9,4 Proceedings Upon Modification or Termination. If, upon a recommendation of the Planning Commission under Section 9.3(d), the City Council determines to proceed with modification or termination of this Agreement, the City Corurcil shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
a) The time and place of the hearing;
b) A statement as to whether or not the City Council proposes to terminate or to modiff the Agreement; and the specifics of such modifications; c) Such other information as is reasonably necessary to inform Owner of the nature of the proceeding.
9.5 Hearing on Modilication or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreernent the City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modiff this Agreement and impose such conditions as are reasonably necessary to protect the interests of the Cify. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094. 5 of the Code of Civil Procedure.
9.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (" Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Commission and City Council that ( 1) this Agreement remains in effect and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the certificate is issued after a Periodic or Special Review, and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.
93939.00005\4r 99361 3, I
Whether or not the Certificate is relied upon by assignees or other transferees of Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review but was concealed from or otherwise not known to the City Manager.
ARTICLE 10. DEFAULT AND REMEDIES
10.1 Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages, including, without limitation, attorneys' fees and litigation costs, to Owner, or to any mortgagee or lender of Owner or to a successor in interest of Owner, or a mortgagee or lender of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
b) For the impairment or restriction of any right or interrst conveyed or provided under, with, or pwsuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
Further, nothing contained herein shall modify or abridge Owner' s rights or remedies ( including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain; provided, however, that such exercise results in a physical occupation of the Property or portion thereof. Except as set forth in the preceding sentence, Owner' s remedies shall be limited to those set forth in this Section 10.1 and Sections 9.5 and I0.2.
10.2 Specific Performance. The parties acknowledge that money damages and remedies atlaw generally are inadequate, and specific performance and other non- monetary relief, including temporary and permanent injunction relief, are particularly appropriate remedies for the enforcement of this Agreement and should be available to all Parties for the following reasons:
93939.00005\4r 99361 3. 1
a) Money damages are unavailable against the City
b) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property orportions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resourcss in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. c) Owner shall notbe required to post abond to obtain injunctive relief.
10.3 Release. Except for nondamage remedies and except as otherwise provided in this Agreement, including the remedy of specific performance and judicial review as provided for in Section 9.5, Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents and employees from any and all claims, demands, actions, or suits or any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liabiliry based or asserted, pursuant to Article I, Section 19 of the Califomia Constitution, the Fifth Amendment of the United States Constitution, or any other law, ordinance, or judicial decision which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agteement or because of the terms of this Agreement.
Without limiting the generality of anything in the immediately preceding paragraph, Owner, for itself and its successors and assigns, hereby expressly waives the benefit of, and any protections provided by Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In addition to waiving the provisions of California Civil Code section 1542, the Owner hereby waives, releases, and foregoes the provisions of any federal or state statute or judicial decision of similar effect.
10.4 Termination or Modification for Default of Developer. City may terminate or modiff this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement as provided in Article 6 hereof, or to comply in good faith with the terms of this Agreement ( hereinafter referred to as " default"); provided, however, City may terminate or modify this Agreement pursuant to this Section in accordance with Article 6 hereof only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty ( 60) days after the effective 93939.00005\41 99361 3.1
date of such notice or, in the event that such default cannot be cured within suqh sixty ( 60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
10.5 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
ARTICLE 11. THIRD PARTY LITIGATION
11.1 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. Owner has reviewed the General Plan and concurs with City's determination. City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perfotm or inability to develop is as the result of a
judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with lawo or that this Agreement or any of City's actions in adopting it were invalid, inadequate or not in compliance with law.
ll.2 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notifu Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly noti$/ Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding.
11.3 Indemnity. In addition to and not as a limitation upon the provisions of Sections 1 l.l and tl.2 above, Owner shall indemnify, defend and hold harmless City, its officers, agents, employees and independent contractors free and harmless from all liability whatsoever, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death ( Owner' s employees included) or any other element of damage of any kind or nature, relating to or in any way connected 93939. 00005\ 41 99361 3.1
with or arising from the activities contemplated hereunder including, but not limited to, the desigt, engineering, construction, completion, operation, maintenance, repair, failure, conveyance or physical condition of the Public Improvements.
The foregoing obligation shall not apply to any claims for damages which arise through the sole active negligence or sole willful misconduct of City. Owner shall defend, at its sole cost, oxpense, and liability, including attorneys' fees, City, its officers, agents, employees, and independent contractors in any legal action based upon such alleged acts or omissions of Owner.
City may, in its discretion, participate in the defense of any such legal claim, action or proceeding and shall be entitled to reimbursement from Owner for all costs associated with such defense including, without limitation, reasonable attorneys' fees. ll.4 Environmental Contamination. Owner shall indemniff and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of Crty as successor to any portions of the Property Dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys, fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. Crty may in its discretion participate in the defense of any such claim, action or proceeding.
11.5 City to Approve Counsel. With respect to Sections I 1.1, through 11.4, inclusive, herein, City reserves the right to either ( 1) approve the attorney( s) which Owner selects, hires or otherwise engages to defend City hereundero which approval shall not be unreasonably withheld, or ( 2) conduct its own defense; provided, however, that Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.
11.6 {Intentionally left blankl
ll.7 Survival. The provisions of Sections 11.1 through 11.6 inclusive, shall survive the expiration or early termination of this Agreement.
11.8 No Waiver of Common Law or Statutory Obligations. City and Owner acknowledge and agree that this Agreement shall not constitute a waiver or abridgement of any common law or statutory obligations which Owner may have with respect to indemnification, defense, and contribution if any action or proceeding is commenced against City which is based upon this Agreement, or which is in any way related to any actions taken by Owner pursuant to this Agreement.
93939.00005\4r 99361 3.1
ARTICLE 12. MORTGAGEE PR.OTECTION
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device secwing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agteement interpretations and modifications and agroes upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Cify will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement are subject to the provisions of Section 5.5 of this Agteement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
a) Neither entering into this Agreernent nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value.
b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner' s obligations under this Agreement. c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten ( 10) days of sending the notice of default to Owner.
The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement.
d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the morlgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance. However, to the extent that the performance of such covenant by Owner is a condition precedent to the performance of any act by the City, the City shall have no obligation to perform such act hereunder unless and until the Mortgagee performs the covenant of Owner which is the condition precedent to the City's performance. Although a Mortgagee is not obligated to perform the obligations and covenants of Owner hereunder, if the Mortgagee elects to so perform, such perfofinance shall be in full accordance with the terms of this Agreement. Any sale, transfer, or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.4 of this Agreement. 93939. 00005\ 41 99361 3.1
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Kern County Recorder by the City Clerk within the period following the Operative Date as required by Section 65868. 5 of the Government Code.
13.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
13.3 Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in ARTICLE 7 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. Notwithstanding the foregoing, the development rights set forth in Section 6 of this Agreement are essential elements of this Agreement and Owner would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
13,4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
13.5 Section Headings. A11 section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
13.6 Singular and Plural. As used herein, the singular of any word includes the plural. 93939. 00005\ 41 99361 3.1
137 Joint and Seleral Obligations, If at any time during the teryq of this Agreement any pafi of the Property is jointly owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement as to that portion of the Property jointly owned shall be joint and several, and the default of any such owner shall be the default of all such owners.
Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided herein.
13.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
13.9 Waiver. Failure by a pafi to insist upon the strict perfonnance of any of the provisions of this Agreement by the other party, or the failure by aparty to exerrise its rights upon the default of the other party, shall not constitute a waiver of such party' s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
13.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No otherperson shall have any right of action based upon any provision of this Agreement. f3.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, government regulations, or court actions ( such as restraining orders or injunctions). If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five ( 5) years. The failure of either party to obtain or maintain financing necessary for the performance of its respective obligations and duties hereunder shall not be deemed a cause for an extension of the term of this Agreement or a cause for the extension of time for performance of any such obligation by any party hereunder unless mutually agreed to by the parties in writing.
13.12 Mutual Covenants. The covenants contained herein are mutual covenants and constitute conditions for the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party.
13.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder regarding development of the Property: ( a) is for the benefit of and is a burden upon 93939.00005\41 9936 1 3. I
eve{y portion of the Property; ( b) runs with t-hq Property arrd each portion thersof; and ( c) is binding upon each party and each successor in interest during Ownership of the Property or any portion thereof.
13.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all the parties had executed the same instrument.
13.15 Jurisdiction and Venue. Any action at law or in equify arising under this Agreement or brought by a party hereto for the pu{ pose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Kern, State of Califomia. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Owner each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court orjurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the City and the Owner, due to the fact that the City is a party to such action or proceeding or due to the fact thal a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Owner and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Owner acknowledges that the provisions of Section 13.15 are material consideration to the City for its entry into this Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum.
13.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the Owner of such property.
13.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carrSz out the intent and to fulfill the provisions of this Agreement or to evidence or eonsummate the transactions contemplated by this Agreement. The provisions of this Section l3.l7 shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, including, without limitation, Section 6.7,impur the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City. 93939. 00005\ 41 9936r 3.r
13.13 Eminent Domain. No provision of this Agreement shall be conslrued to limit or restrict the exercise by City of its power of eminent domain.
13.19 Agent for Service of Process. ln the event Owner is not a resident of the State of California or is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of Califomia, or is a foreign corporation, then in any such event, Owner shall file with the City Manager or his or her designee, upon its execution of this Agreement, a designation of a natural person residing in the State of Califomia, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agleement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained, and waives all objections and protests thereto.
13.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner wanants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they haslhave the authority to bind Owner to the performance of its obligations hereunder.
13.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements Sections 65864 through 65869. 5 inclusive) in effect as of the Effective Date. Accordingly, subject to Section 6.5 above, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreernent to be enforceable.
13.22 No Personal Obligation/ No Completion Obligation. This Agreement in and of itself does not represent a personal obligation of individual officers, directors, and shareholders of Owner, its successors or assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the Owner, its successors or assigns to complete the development of the entire Project as contemplated, or any portion thereof. No officer, official, employee, agent, contractor, or attorney of the City shall have any personal liability or obligation for the performance of the City's obligations hereunder.
93939. 00005\ 41 9936r 3. 1
Choral Series
Tutti X
3 bd . 2 ba . 1,856 ft'
1st Floor
LENNAFI'
Covered Patio
Itx3'
TI
Etth
I
0wner:e Suile
141 x l6l
ll
l*r"*r' '*
ll
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l-f
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tlrlitt-.-'
Foyer
16, x
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9l x 18' 8"i
lllittl.*_l
Kitchrn
14 x 13'
Porch
Bedrootn 3
l1' x13'
Choral Series LENNAFT'
Bolero
4 bd . 5 ba . 2,085 ft'
lst Floor
Bgrtom2'
l0'x 13"
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t
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Closet
iill
Bdh
Olxmei' B SEir€
l3i x 14'
rtlprnr
il17 x 14'
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17 x ll'
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l7'x l7
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lfr'x?w
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ll'x 2'
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Choral Series
Melody X
5 bd . 3 ba . 2,578 ft'
lst Fioor
lOxT'
Wtrt'"
2nd Floor
LENNAIiI
r_l
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14'x 17
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ll'X" x 12'
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neitbms
I l' 2'l x 12' 8" l
li
Choral Series
Symphony X
4 bd . 3 ba . I half ba . 3,156 ft'
lst Floor 2nd Floor
LEr\il\l/ltit'
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Bedrom2
t3'x ll'
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Bo&om3
l?'x l1'
Laua&y
OpcnToBelow
Baft
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14'x 15'
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tl
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14'x 12'
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20'x 2?
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16'x 19''-.. j
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l4lx 19'
Ptrch
NcxtGaBcrtom'
14'xlt
il
13'
il
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Choral Series
Orchestra X
5 bd.3 ba.3,278ft'
lst Floor 2nd Fioor
LENNAFT'
Qs*&
Patio
l8'f, ll'
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l0 x 1l'
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18'
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Collections LENNAFT'
SlVe Series
The Skye Series offers brand- new single-family homes for sale, including Next Gen@ floor" plans, at the Marcona Preserve master- planned community in Baker" sfield, CA.
Residents enioy a low HOA and convenient proximity to great local attnactions, neanby walking trails, parks and golf courses. Plus, the community is situated close to Highway 99 for" simplified commutes and access to all that North Bakersfield has to offer.
Plans
Moonlight X Alpenglow X
4 bd . 2 ba . 2,271ft' 4 bd . 3 ba . 2,430 ft'
Solstice X
4 bd . 3 ba . 2,6O9 ft'
Borealis
4 bd . 3 ba . 2,508 ft'
Skye Series
Moonlight X
4 bd .2 ba.2,271ft'
1st Fioor
LENNAFI'
IICsrrrdPsio
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1l'8" x 12' d'
Skye Series
Alpenglow X
4 bd . 3 ba . 2,430 ftn
lst Floor
LENNAFT'
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Befr Ounrds Suite
15' 10" x t4' 8"
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Borealis
4 bd . 3 ba . 2,5O8 ft'
lst Floor
LENNAFI'
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13'x 16' 6" '
Sr<y*e Series
Solstice X
4 bd . 5 ba . 2,609 ft'
lst Floor
LENN, lFI
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12' x 6'
i
llhlk-InCloset
Bath
Onner' s Suih
13'8" x l7'8'
tsodraom 3i
1l'4" x 1t'
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Collections
Solana Series
The Solana Series offers brand- new single- family homes fon sale, including Next Gen@ floor" plans, at the Marcona Preserve master- planned community in Bakersfield, CA.
Residents enjoy onvenient proximity to great local attractions, neanby walking tnails, panks and golf courses. Plus, the community is situated close to Highway 99 for simplified commutes and access to all that North Bakersfield has to offen Plans
Arroyo Bodega
4bd.2 ba.'1,820 ft' 5 bd . 3 ba . 2,'169 ft'
Esplanade
3 bd . 3 ba . 2,589 ft'
LENNAFI'
Cabrillo
5 bd . 3 ba . 2,280 ft"
Solana Series
Arroyo
4bd. 2 ba . 1,820 ft'
lst Floor
LENNAFI'
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ld x 11'8'
Porch
Solana Series
Bodega
5 bd . 3 ba . 2,169 ft'
lst Floor
LENNAFT
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Cabrillo
3 bd . 5 ba . 2,280 ft'
1st Floor
LENNAFT'
Ouneds SuiU Bafu r.
triialk- In Closet
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Esplanade
3 bd .3 ba . 2,589 ft'
lst Floor
LENNAFT'
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Ffficfi
EXHIBIT * F'TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23- 2I
Recording Requested by,
When Recorded Mail to
And Mail Tax Statements to
Attention:
Space Above This Line Reserved For Recorder' s Use
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREBMENT
This Assignment and Assumption of Development Agreement (" Assignment") is made this _ day of (" Assignor") and
LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company Assignee") with reference to the following facts:
A. Assignee is the owner of that certain real property, described in Exhibit attached hereto and incorporated herein (the "Property").
B. Assignor entered into an escrow agreement to purchase the Property from Assignee. Pursuant to said escrow agreement, Assignor entered into that certain Development Agreement No. 23-21 (" Development Agreement"), as of with the City of Shafter, a Califomia municipal cotporation (" City"). The Development Agreement was recorded on as instrument no in the official records of the Kern County Recorder.
C. Assignor has relinquished all of its interest in the escrow agreement, and now desires to assign the Development Agreement to Assignee. Assignee desires to assume all of Assignor' s rights, duties, and obligations under the Development Agreement which has been reviewed and approved by the City.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein, and for good and valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows:
by-,a
9393 9.00005\ 4 1 9936 I 3. I
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
2. Assignment and Assumption. Assignor hereby sells, transfers and assigns to Assignee, and Assignee hereby expressly and unconditionally assumes all the rights, duties and obligations of Assignor under the Development Agreement, including, without limitation, all of the general rights, duties and obligations of Assignor under the Development Agreement for the development of the Property, the covenant not to sue and the waiver contained in Section 7.5 of the Development Agreement. Assignee agrees to observe and fully perform all of Assignor' s obligations under the Development Agreement, and to be subject to all the terms and conditions thereof, it being the express intention of both Assignor and Assignee that, upon execution of this Assignment, Assignee shall become substituted for Assignor as the "Owner" under the Development Agreement.
3. Secured Oblieations. Assi gnee has provided the City with security equivalent to any security previously provided by Assignor to secure performance of its obligations under the Development Agreement.
4. Release of Assignor. Pursuant to section 2.4.2 of the Development Agreement, Assignor shall be free from any and all liabilities accruing on or after the date hereof with respect to the Development Agreement. No breach or default under this Assignment or the Development Agreement by Assignee shall be attributed to Assignor.
5. Governins Law. This Assignment is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California. Venue shall be in Kern County.
6. Bindins Effect This Assignment shall apply to, bind, and inure to benefit of Assignor and Assignee, and their respective heirs, legal representatives, successors and assigns.
7. Counterparts. This Assignment may be executed in one or more counterparts, each of which shall be an original, but all of which shalltogether constitute one instrument.
Signatures on Following Pages]
93939. 0000s\ 4 I 9936 I 3. 1
IN WITNESS WHEREOF, this Assignment has been executed as of the date first above written.
ASSIGNOR"
LENNAR HOMES OF CALIFORNIA, LLC, A
Califomia limited liability company
Name
ASSIGNEE"
a
B
Name:
Its:
continuedl
By:
Its:
93939. 00005\ 41 993613. 1
The City of Shafter hereby approves of this Assignment and acknowledges that Assignor, having satisfied the conditions to the release set forth in Section 2.4.2 of the Development Agreement, shall be released from its obligations under the Development Agreement
CITY OF SHAFTER, a California municipal law
corporation
By:
Name
Its:
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM
BEST BEST & KRIEGER LLP
By:
City Attorney
93939. 0000s\ 41 993613. I
ALL.PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me,
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity(ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
trlndividualtr Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Title or Type of Document
tr Partne(s) tr
tr
tr Attorney- ln- Facttr Trustee( s)
tr Guardian/ Conservatortr Other:
Limited
General
Number Of Pages
Date Of Document
Signer is representing:
Name Of Person( s) Or Entity( ies)
93939. 0000s\ 4r 9936 l 3. l
Signe( s) Other Than Named Above
EXHIBIT A TO EXHIBIT " F''
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT " A"
LEGAL DESCRIPTION
DEVELOPMENT AGREEIIIIENT BOUNDARY
ALL THESF PORTIONS OF LOT 3 AND LOT A OF TRACT 7333 RECOROED DECEMBER 1 I
zo, t 8 IN BOOK 63 OF MAPS, PAGES 9 THROUGH 13 AND LOTS A THROUGH D OF LOT LINE ADJUSTMENT NO. 22.089 RECORDED MARCH 22, 2023 AS DOCUMENT NO. 223A32366 OFFICIAL RECORDS, BOTH RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDE& ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36.
TOWNSHIP 28 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE CIW OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
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EXHIBIT * G'TO
REVTSED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23.2I
PARK IMPROVEMENTS
Per the Marcona Preserve Specific Plan approved December 20, 2022 ( Ordinance No. 744), there are two parks found within Revised Tentative Tract No. 7244. A brief description of the two parks can be found in the table below:
In lieu of paying a Park Impact Fee for each single-family residence, the Developer may design and fully construct publicly accessible parks included in the City- approved Marcona Preserve Specific Plan, which shall be completed within eight ( 8) months of commencing park construction.
PA- 2 & PA- 3
Per the approved Marcona Preserve Specific Plan and Conditions of Approval for revised Tentative Tract No. 7244, the following is applicable to the 1.01-acre park to be developed within PA- 2 and the L75- acre park to be developed within PA- 3:
r The parks will be connected to a multi- use walkway along Jewetta Avenue, the Specific Plan' s main roadway.
r The parks will be primarily passive recreation areas and may include amenities such as a children' s play area with adjacent seating and paths, multipurpose turl bike racks, picnic tables, and other park furniture.
o Sidewalks will connect the two parks ( 1.01 acre and L.75-acre located east and west of Jewetta Avenue).
o Site- specific design of the parks shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director or hislher designee. o Lighting within the parks will be consistent with street lighting along Jewetta Avenue. o Landscaping will be consistent with the landscape design along Jewetta Avenue. o The developer will include signage at the parks in compliance with Exhibit 3-7 of the Specific Plan.
o A block wall with pilasters will be built along the residential property lines adjacent to the parks.
o A11 hardware or equipment supplied shall be installed in accordance with City Standards or the manufacfurer' s requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the City or the public in general.
Plannins Area Acres Location
PA.2 1.01 SW quadrant west of Jewetta Avenue
PA- 3 t.75 SE quadrant east of Jewetta Avenue
93939. 0000s\ 41 99361 3.r
o
Prior to recordation to the final map and issuance of residential occupancy permit for subject phase, the park sites will be fully constructed, landscaped, and completed pursuant to City approval and dedicated to the City.
The approval of the parks will include recordation of any document specifuing the mechanism for maintenance and funding of park consfiuction as well as long-term maintenance of park facilities and amenities.
PA-3 Onlv
Per the approved Marcona Preserve Specific Plan and Conditions of Approval for revised Tentative Tract No. 7244, the following is only applicable to the 1.75-acre park to be developed within PA-3:
a The developer will obtain approval from the City for the design of the recreation center. The approval will include recordation of any document specifiiing the mechanism for maintenance and funding ofpark construction, including recreation center, as well as long- term maintenance of park facilities and amenities.
93939.00005\4r 993613. 1
Penalty of Perjury Statement
I hereby certiff under penalty of perjury, under the laws of the State of Califomia, that the copy affixed to the within document, while not being photographically reproducible, can be read.
place of Execution: Shafter' california ( City, State)
Date: April24, 2024
Cfiy op {unfrER
Signature ( and firm name, if any)
gaAv€ ec4€ur'"nN
Attach clarity copy hereto)
Exhibit B (Sheet 1 of 4): FIBER, FIBER, FIBER
Exhibit B (Sheet 2 of 4): FIBER, FIBER, FIBER
Exhibit B (Sheet 3 of 4): FIBER, OH, FO, OH, FO, OH, 14' SHELL OIL, OIL, OIL, OIL, G, OIL, G, G, OIL, G, OIL, CITY OF BAKERSFIELD, CITY OF SHAFTER, 12'' SHELL, OIL, 16'' CHEVRON, G, OIL, G, OH, OH, G, 16'' CHEVRON, I2'' SHELL, G, OIL, C.L. ROW, G, oIL
Exhibit B (Sheet 4 of 4): FIBER, C.L. ROW, G, OH, OIL, ORCHARD TREES, OIL, 14"
SHELL OIL, G, OIL, OH, OIL, FO, CITY OF BAKERSFIELD, CITY OF SHAFTER, G, OIL,
OH, G, OIL, OH, FO, OIL, OH, FO, OIL, OH, OIL
EXHIBIT 3
ORDINANCE NO. 763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING
AND ADOPTING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 23-21 FOR REVISED TENTATIVE TRACT NO. 7244 AS SHOWN IN EXHIBIT “A”.
WHEREAS, the City of Shafter (“City”) and Lennar Homes of California, LLC (“Owner”), entered into a Development Agreement (“DA”) approved April 16, 2024, and recorded April 25, 2024, as Entry No. 224047405 in the office of the Kern County Recorder; and WHEREAS, DA No. 23-21 guides the development of Revised Tentative Tract No. 7244, including rules for subdivision and collection of impacts fees; and WHEREAS, after the approval of DA No. 23-21, FranMar Company, LP, the owner of Tentative Tract No. 7483 adjacent to Revised Tentative Tract No. 7244, reached out to staff stating that when DA No. 23-21 for Revised Tentative Tract No. 7244 was recorded, the legal description attached to the DA inadvertently included the property for Tentative Tract No. 7483; and WHEREAS, the Owner has requested revisions to DA No. 23-21 as described in Exhibit “A” (“First Amendment”) to replace the current legal description in the DA with a revised legal description that excludes the property for Tentative Tract No. 7483; and WHEREAS, the Planning Commission of the City of Shafter unanimously recommended the City Council adopt First Amendment to DA No. 23-21 on February 11, 2025; and WHEREAS, the City Council has determined that, per Section 15061(b)(3) of the California Environmental Quality Act Guidelines, it can be seen with certainty that the action will not cause a significant effect on the environment, and therefore, the action is exempt from CEQA; and WHEREAS, the City Council, through the City Clerk, did set Tuesday, March 4, 2025, at the hour of 6:00 p.m. in the 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 17 of the Shafter Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings incorporated herein are true and correct.
SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the Council, the Council finds the First Amendment to the DA attached here to as Exhibit “A” is consistent with the General Plan and systematically implements the goals and objectives of the General Plan. The First Amendment will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to the general welfare of the residents of the City as a whole.
Shafter City Council Ordinance No. 763
March 18, 2025
SECTION 3. The First Amendment will not adversely affect the orderly development of property or the preservation of property values.
SECTION 4. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council hereby finds and determines, that it can be seen with certainty that adoption of this Ordinance and approval of the First Amendment will not have a significant adverse effect on the environment. Thus, the adoption of this Ordinance and approval of the First Amendment is exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) of the CEQA Guidelines.
SECTION 5. Based on the entire record before the City Council, including the above findings and all written and oral evidence presented to the City Council, the City Council hereby adopts the First Amendment, as shown in Exhibit “A”, attached hereto, and made part of this Ordinance as though fully set forth herein.
SECTION 6. If any provision of this Ordinance or the application thereof is for any reason held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 7. The Council hereby approves the First Amendment in substantially the form presented to the Council, together with such additions favoring the City and non-substantive revisions as may be approved by both the City Manager and the City Attorney during execution of the First Amendment.
SECTION 8. The City Manager is hereby authorized to execute the First Amendment on behalf of the City and City staff is authorized to take any action and execute all necessary documents to implement the First Amendment.
SECTION 9. The City Clerk is directed to record the First Amendment with the Kern County Recorder, no later than 10 days after the First Amendment is fully executed.
SECTION 10. This Ordinance shall take effect 30 days after its final passage and adoption and, within 20 days after its adoption, a copy of same shall be published and circulated in the City of Shafter together with the names of the members of the City Council voting for and against the same.
Shafter City Council Ordinance No. 763
March 18, 2025
PASSED, APPROVED AND ADOPTED THIS 18ST DAY OF MARCH, 2025. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
RECORDING REQUESTED BY,
AFTER RECORDING RETURN TO
City of Shafter
Attn: City Clerk
336 Pacific Ave.
Shafter, CA93263
Exempt from filing fees per Gov't Code $27383
(space above for Recorder's use)
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT NO. 23-21
BETWEEN CITY OF SHAFTER
AND LENNAR HOMES OX' CALIFORNIA, LLC
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 23-2l BETWEEN CITY OF SHAFTER AND ("First Amendment") is entered into effective as of the _ day of 202 ("First Amendment Effective Date"), by and between CITY OF SHAFTER, a California municipal corporation and charter city ("City") and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company ("Owner"). The City and Owner are sometimes hereinafter referred to as a
o'Patt7".
RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a California municipal corporation and charter city, and Lennar Homes of California, LLC, a California limited liability company, dated April 2, 2024, recorded Aprrl 25, 2024, as Entry No. 224047405 in the office of the Kern County Recorder ("Development Agreement").
B. The Development Agreement affects certain real property located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference ("Property").
C. The Parties now wish to amend the Development Agreement to revise the legal description found in both (l) Exhibit A and (2) Exhibit A of Exhibit F of the Development Agreement with Exhibit B attached hereto in order to exclude Lot A of Tract 7333 rccorded December 11, 2018 in Book 63 of Maps, Pages 9 through 13, from the legal description of the property under the control of Development Agreement No. 23-21 which was recorded inadvertently.
AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner agree to amend the Development Agreement as follows:
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.
2. Term. Exhibit A and Exhibit A of Exhibit F of the Development Agreement are revised with Exhibit B attached hereto.
3. Confirmation. Except as amended and revised by this First Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this First Amendment and the Development Agreement, this First Amendment shall control. This First Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WIIEREOF, City and Owner have executed this First Amendment. [S ignature s and Aclcnow ledgments FollowJ
OWNERS:
By:___,....,..._.,,__,,_� -�----- Name: __ �+-'�'------=���---- Its: ---��=�----'----'-=--"-=="-=-'--'--'---
CITY:
CITY OF SHAFTER, a California municipal
corporation and chaiier city
Chad Givens
City of Shafter Mayor
ATTEST:
Y azmina Pallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accl'nacy, or validity of that document.
STATE OF CALIFORNIA
COLINTY OF KERN
)
)ss
)
on Der- z3 ,2-6LA ,before-., -4. T)\c.rn ,Notary
Public, personally appeared
on the basis of satisfactory
p1 ,\z.c-- Mr\t{lr , who proved to me
evidence to be the person\ whose nu*{q is/are subscribed to the within instrument and acknowledged to me that@lshe/they ir@her/their authorized capacity(bs.), and that Uy@$rerlttreir signatur"rhl on the instrument the p"rrorrQ, o, the entity upon behalf of which the person\Q acted, executed the instrument. executed the same
I certift under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
Public
EXHIBIT ..A'TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23.2I
Legal Description of Property
EXHIBIT "A"
LEGAL DESCRIPTION
DEVELOPMENT AGREEMENT BOUNDARY
ALL THESE PORTIONS OF LOT 3 AND LOT A OF TRACT 7333 RECORDED DECEMBER 11, 2018 IN BOOK 63 OF MAPS, PAGES 9THROUGH 13 AND LOTS ATHROUGH D OF LOT LINE ADJUSTMENT NO. 22-089 RECORDED MARCH 22,2023 AS DOCUMENT NO. 223032368 OFFICIAL RECORDS, BOTH RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSH]P 28 SOUTH, MNGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
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EXHIBIT "B"
LEGAL DESCRIPTION
DEVELOPMENT AGREEMENT BOUNDARY
ALL OF TRACT No. 7244 PHASE 1, FILED FOR RECORD ON DECEMBER 17, 2024 IN MAP BOOK 68, PAGES 16-26, LOT 3 OF TRACT No. 7333, FILED FOR RECORD ON DECEMBER 11, 2018 IN MAP BOOK 63, PAGES 9-13 AND LOTS "B", "C" & "D" OF LOT LINE ADJUSTMENT No. 22-89 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 22, 2023 AS DOCUMENT No. 223032366 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
CONTAINING 105.85 ACRES, MORE OR LESS
THIS LEGAL DESCRIPTION IS NOT A LEGAL FOR PARCELS OF LAND AS DEFINED IN THE SUBDIVISION MAP ACT. HOWEVER, IT DOES REPRESENT THE DESCRIPTION OF LAND/PARCELS BEING INCLUDED IN A DEVELOPMENT AGREEMENT. la MCINTOSH
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10800 Stockdale Hwy, Suite 103 • Bakersfield, CA 93311
P:\PROJECTS\16055.03-HRLENN\Legals\Tract 7244 Legal Desc_Development Agreement Revised.docx MEN 1/03/2025
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 4, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: FISCAL YEAR 2024/2025 MID-YEAR BUDGET UPDATE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept the 2024/2025 Mid-Year Budget update; and approve a minute order authorizing the Finance Director to amend the Fiscal Year 2024/2025 budget on specific requests as outlined in the report.
BACKGROUND
The City Council adopts an annual operating budget based on projected revenues and expenditures anticipated during the fiscal year, defined as July 1 through June 30 of the following year. The adopted budget sets the parameters for expenditures by Staff during the fiscal year based on the initial revenue projections. This report provides a mid-fiscal year overview of how revenues and expenditures compare to original projections and offers amendments for consideration as needed. The purpose of a MidYear Budget Report is to:
▪ Measure how City departments are performing relative to adopted operational budgets.
▪ Determine if any budget adjustments are necessary for both revenues and expenditures.
▪ Serve as a starting point in preparation for next year’s budget.
The adopted budget is broken down by major fund groups. The fund groups include:
▪ General Fund (retail sales & property taxes).
▪ Enterprise Funds (sewer, water, drainage).
▪ Special Revenue Funds (gas tax, traffic, transportation, landscaping funds, etc.). ▪ Capital Improvement Projects (CIP; pedestrian improvements, water wells, etc.).
Each fiscal year, Staff presents to the City Council a report providing an update on the City’s actual revenues and expenditures halfway through the fiscal year as compared to the adopted City budget, commonly referred to as the Mid-Year Budget Update.
ANALYSIS
The attached YTD Budget vs Actual report is presented to inform the City Council about the current state of the City’s finances. It compares the revised budget to year-to-date (YTD) actuals, providing a clear picture of our progress against the financial plan. For additional context, we include YTD figures from the prior year for the same period, along with variance explanations to highlight key differences and trends.
FISCAL YEAR 2024/2025 MID-YEAR BUDGET UPDATE
- 2 -
To offer a longer-term view, this report includes a six-year Compound Annual Growth Rate (CAGR), illustrating the City’s financial trajectory over time. The report covers a comprehensive range of areas, including citywide operations, the General Fund, Enterprise Funds, Internal Service Funds, Special Revenue Funds, Capital Improvement Program (CIP), and Capital Expenditures (CAPEX). Throughout, Council will find tables, charts, and detailed analysis to enhance understanding and support informed decision-making. Please note that the results presented are subject to change during year-end adjustments, which may include interest income allocation, interfund charges, year-end accruals, and other refinements. Staff's aim is to provide an accessible, data-driven overview that underscores our commitment to fiscal responsibility and accountability.
In addition to the Year-to-Date (YTD) Budget report, attached is a list of proposed adjustments. The city’s administration team has no additional funding requests for the mid-year budget. However, several adjustments are necessary to reflect updated projections and changes in Capital Improvement Project (CIP) timelines. For example, consultants anticipate a decline in sales tax revenue, prompting updates to sales tax agreements. Additionally, multi-year projects have been revised to align with updated scheduling.
Many of these mid-year modifications have already been approved by the City Council throughout the year. The current adjustments primarily serve to update existing estimates. Notably, some adjustments reflect an increase in legal fees, though the Council is aware of ongoing legal matters. Other necessary budget modifications address rising costs in repairs, maintenance, and significant increases in property and liability insurance.
On a positive note, general fund revenues increased by $2.46 million, driven by higherthan-expected interest income, building permits, planning fees, and engineering fees.
This revenue growth helps offset the unexpected decline in sales tax revenue. Despite the projected dip in sales tax collections, the city anticipates maintaining a budget surplus by the end of FY 24/25.
FISCAL IMPACT
The city’s administration team has no additional requests for the mid-year budget.
However, several adjustments are necessary to reflect updated projections and changes in Capital Improvement Project (CIP) timelines. For instance, consultants anticipate a decrease in sales tax revenue, and updates are being made to sales tax agreements accordingly. Additionally, multi-year projects are being revised to address timing adjustments.
Many of these mid-year modifications have already received City Council approval throughout the year. The current adjustments primarily serve to update existing estimates. Despite the projected decline in sales tax revenue, the city anticipates maintaining a budget surplus by the end of FY 24/25.
CEQA ANALYSIS
FISCAL YEAR 2024/2025 MID-YEAR BUDGET UPDATE
- 3 -
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the acceptance of a mid-year budget update and approval of a minute order and therefore, it is other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Exhibit
2. 250221 Shafter YTD Budget Update
ExhibitRecommended Budget Adjustments
The following budget adjustments are based on revised revenue projections. We expect revenue increases except for sales taxes.
Account ObjNo ObjDesc
Increase /
(Decrease)
0100-10-000-00-00-400001- 400001 Prop Tax - Current Unsec 22,477 0100-10-000-00-00-400009- 400009 Prop Tax - Aircraft 9,016 0100-10-000-00-00-400011- 400011 Prop Tax - RDA Pass Thru 2,839 0100-10-000-00-00-400012- 400012 Prop Tax - ABx1 26 Excess 25,160 0100-10-000-00-00-400700- 400700 Motor Vehicle License Fee/Tax 13,644 0100-10-000-00-00-412510- 412510 Late Fees 48,300
0100-10-000-00-00-480100- 480100 Misc Refunds 6,049 0100-10-140-10-00-410901- 410901 Admin Fees - New Accts 2,400 0100-10-140-10-00-460000- 460000 Investment Portfolio Earnings 1,332 0100-10-140-10-00-460002- 460002 Interest 5691 Saving 897,027 0100-10-140-10-00-460015- 460015 Interest CA Class 437,035 0100-10-145-13-00-410400- 410400 Planning Fees - Zone & Subdiv 115,901 0100-10-145-13-00-440200- 440200 Penalties 1,144 0100-10-405-26-00-430300- 430300 Building Permits 524,044 0100-20-200-14-00-410502- 410502 Police Feees - Range 800 0100-20-200-14-00-410503- 410503 Police Fees-SRO 101,649 0100-20-200-14-00-440002- 440002 Fines - Police 4,258 0100-20-200-14-00-470004- 470004 CA Grant - POST Train Reimb 18,427 0100-20-200-15-00-411000- 411000 Animal Control - Misc 20 0100-30-125-06-60-410900- 410900 Admin Fees - Misc 1,396 0100-30-400-25-31-450200- 450200 Park Rental 35 0100-30-400-25-46-450200- 450200 Park Rental 120 0100-30-400-25-47-450200- 450200 Park Rental 1,663 0100-30-400-25-51-450100- 450100 Facility Rental 380 0100-40-400-18-00-410700- 410700 Engineering Fees - Misc 217,268 0100-40-400-18-00-430200- 430200 Encroachment Permit 1,798 0100-40-400-19-02-480100- 480100 Misc Refunds 1,264 0100-10-000-00-00-400001- Sales Tax (12,692,928) General Fund Revenues (10,237,482)
The revised revenues below are primarily driven by impact fees.
Account ObjNo ObjDesc
Increase /
(Decrease)
0200-60-400-19-02-470115- 470115 FED GRANT - RSTP 59,490 0202-20-200-14-00-470001- 470001 CA Grant - SLEBG 194,664 0206-20-200-14-00-440100- 440100 Asset Forfeitures 8,210 0301-60-400-21-00-420000- 420000 Conect Fees 747,117 0303-60-400-20-00-420000- 420000 Conect Fees 178,211
0304-60-400-25-00-420000- 420000 Conect Fees 126,436
0305-60-400-19-02-420100- 420100 Impact Fees 650,273
0306-60-400-19-02-420100- 420100 Impact Fees 150 0310-20-200-14-00-420100- 420100 Impact Fees 293,060 0310-20-200-15-00-420100- 420100 Impact Fees 25,514 0310-20-200-16-00-420100- 420100 Impact Fees 212,936 Special Revenue Funds 2,496,061
The most significant revenue increase in the table below is due to a Telecommunications Grant.
Account ObjNo ObjDesc
Increase /
(Decrease)
5001-40-400-22-00-410120- 410120 Illegal Dumping Fee 68,623 5001-40-400-22-00-415000- 415000 Miscelaneous Fees 25 5002-40-400-20-00-410001- 410001 Construction Water Fees 26,547 5002-40-400-20-00-412500- 412500 Reconnection Fees 42,460 5002-40-400-20-00-415000- 415000 Miscelaneous Fees 22,378 5002-40-400-20-00-430300- 430300 Building Permits 2,268 5004-40-500-30-01-410005- 410005 Business Fiber User Fees 30,537 5004-40-500-30-01-410006- 410006 Commercial Fiber User Fees 1,484 5004-40-500-30-01-470000- 470000 CA Grant 487,010 5103-50-500-31-00-480100- 480100 Misc Refunds 500 Enterprise Funds Revenues 681,832 The table below presents proposed adjustments to the General Fund across various expense categories. The most significant decrease pertains to Sales Tax agreements, while another notable adjustment is in legal expenses.
Account DivDesc ObjDesc
Increase /
(Decrease)
0100-10-100-01-00-510103- City Council Postage & Freight 15 0100-10-100-01-00-510701- City Council Communications 574 0100-10-100-01-00-510801- City Council Outside Agency Costs 40 0100-10-100-01-00-520200- City Council Internal ISF Chrg - Building 781 0100-10-105-02-00-510000- Planning Commission Office Supplies 5 0100-10-105-02-00-510001- Planning Commission Departmental Supplies 63 0100-10-110-03-00-510115- City Manager Recruitment 1,783 0100-10-110-03-00-510202- City Manager Hardware & Tools 910 0100-10-110-03-00-510300- City Manager Vehicle Operations 22 0100-10-110-03-00-520200- City Manager Internal ISF Chrg - Building 1,563 0100-10-120-05-00-510000- City Clerk Office Supplies 328 0100-10-120-05-00-510001- City Clerk Departmental Supplies 1,050 0100-10-120-05-00-520200- City Clerk Internal ISF Chrg - Building 2,918 0100-10-125-06-00-510001- Business Development Departmental Supplies 1,753 0100-10-125-06-00-510115- Business Development Recruitment 457 0100-10-125-06-00-510205- Business Development Building Repair & Maintenance 6,209 0100-10-125-06-00-510701- Business Development Communications 8,423 0100-10-125-06-00-510809- Business Development Assessment fees 32,928 0100-10-125-06-00-520200- Business Development Internal ISF Chrg - Building 2,111 0100-10-125-07-00-510423- Business Incentives Legal Services - Bus Devel 200,173 0100-10-135-09-00-510701- Human Resources Communications 13 0100-10-135-09-00-520200- Human Resources Internal ISF Chrg - Building 2,119 0100-10-140-10-00-510103- Finance Postage & Freight 3,456 0100-10-140-10-00-510106- Finance Subscriptions & Dues 842 0100-10-140-10-00-510202- Finance Hardware & Tools 117 0100-10-140-10-00-510805- Finance Bad Debt Expense 357
0100-10-140-10-00-520200- Finance Internal ISF Chrg - Building 3,102 0100-10-145-13-00-510115- Planning Recruitment 217 0100-10-145-13-00-520200- Planning Internal ISF Chrg - Building 1,933 0100-10-405-26-00-510001- Building Inspection Departmental Supplies 256 0100-10-405-26-00-510103- Building Inspection Postage & Freight 161 0100-10-405-26-00-510150- Building Inspection Software Subscription 9,342 0100-10-405-26-00-510200- Building Inspection Repairs & Maintenance 302 0100-10-405-26-00-510505- Building Inspection Travel 1,259 0100-10-405-26-00-520200- Building Inspection Internal ISF Chrg - Building 2,779 0100-10-405-27-00-510106- Code Compliance Subscriptions & Dues 140 0100-10-405-27-00-510400- Code Compliance Professional Services 110 0100-20-200-14-00-510202- Police Hardware & Tools 74,845 0100-20-200-14-00-510205- Police Building Repair & Maintenance 1,851 0100-20-200-14-00-510706- Police Refuse 1,691 0100-20-200-14-00-520200- Police Internal ISF Chrg - Building 25,967 0100-20-200-14-13-510202- Police Hardware & Tools 12,972 0100-20-200-14-13-510602- Police Property Rental 50,000 0100-20-200-15-00-510106- Animal Control Subscriptions & Dues 150 0100-20-200-15-00-510115- Animal Control Recruitment 67 0100-20-200-15-00-510150- Animal Control Software Subscription 103 0100-20-200-15-00-510400- Animal Control Professional Services 261 0100-20-200-15-00-520200- Animal Control Internal ISF Chrg - Building 4,214 0100-20-250-00-00-510202- None Hardware & Tools 357 0100-30-300-04-00-510300- Education Partnership Vehicle Operations 80 0100-30-300-04-00-510302- Education Partnership Vehicle Operations - Fuel 167 0100-30-300-04-00-510809- Education Partnership Assessment fees 101 0100-30-300-04-00-520200- Education Partnership Internal ISF Chrg - Building 4,547 0100-40-400-18-00-510103- Engineering Postage & Freight 78 0100-40-400-18-00-510302- Engineering Vehicle Operations - Fuel 4,618 0100-40-400-18-00-510400- Engineering Professional Services 2,298 0100-40-400-18-00-510807- Engineering Regulatory & Permitting 379 0100-40-400-18-00-520200- Engineering Internal ISF Chrg - Building 2,365 0100-40-400-19-02-510000- Streets Office Supplies 7,776 0100-40-400-19-02-510103- Streets Postage & Freight 70 0100-40-400-19-02-510115- Streets Recruitment 220 0100-40-400-19-02-510204- Streets Equipment Repair 27,761 0100-40-400-19-02-510809- Streets Assessment fees 50 0100-40-400-19-02-520200- Streets Internal ISF Chrg - Building 548 0100-40-400-19-04-510302- Streets Vehicle Operations - Fuel 5,423 0100-40-400-19-04-520200- Streets Internal ISF Chrg - Building 2,855 0100-60-200-14-00-570100- Police Automotive Equipment 179,787 0100-60-200-14-00-580200- Police Capital Prj.- Buildings & Imp. 141,790 0100-60-300-04-00-580200- Education Partnership Capital Prj.- Buildings & Imp. 134,560 0100-60-400-19-02-570200- Streets Machinery & Equipment 60,738 0100-60-400-19-02-580100- Streets Capital Prj.- Infrastructure 72,778 0100-60-400-25-00-570200- Public Facilities Machinery & Equipment 60,738 0100-60-400-25-33-580300- Public Facilities Capital Prj.- Other Imp. 16,533 0100-60-400-25-36-580300- Public Facilities Capital Prj.- Other Imp. 9,584 0100-60-400-25-37-580200- Public Facilities Capital Prj.- Buildings & Imp. 31,360 0100-60-400-25-52-580200- Public Facilities Capital Prj.- Buildings & Imp. 87,867 0100-10-125-07-00-510803- Economic Development Development Agreement (8,131,406) PD Labor Cost Adjustments from vacancies (700,000) General Fund Expenditures (7,515,246)
Account DivDesc ObjDesc
Increase /
(Decrease)
0100-30-400-25-00-510115- Public Facilities Recruitment 286 0100-30-400-25-00-510200- Public Facilities Repairs & Maintenance 359 0100-30-400-25-00-510204- Public Facilities Equipment Repair 2,740 0100-30-400-25-00-510205- Public Facilities Building Repair & Maintenance 80 0100-30-400-25-00-510302- Public Facilities Vehicle Operations - Fuel 7,881 0100-30-400-25-00-510400- Public Facilities Professional Services 980 0100-30-400-25-00-510601- Public Facilities Equipment Rental 28 0100-30-400-25-00-520200- Public Facilities Internal ISF Chrg - Building 23,713 0100-30-400-25-30-510103- Public Facilities Postage & Freight 16 0100-30-400-25-30-510200- Public Facilities Repairs & Maintenance 10,842 0100-30-400-25-30-510202- Public Facilities Hardware & Tools 38 0100-30-400-25-31-510103- Public Facilities Postage & Freight 16 0100-30-400-25-32-510001- Public Facilities Departmental Supplies 89 0100-30-400-25-32-510103- Public Facilities Postage & Freight 16 0100-30-400-25-33-510103- Public Facilities Postage & Freight 16 0100-30-400-25-33-510202- Public Facilities Hardware & Tools 239 0100-30-400-25-34-510001- Public Facilities Departmental Supplies 1,001 0100-30-400-25-34-510103- Public Facilities Postage & Freight 16 0100-30-400-25-34-510110- Public Facilities Landscaping Services 213 0100-30-400-25-34-510200- Public Facilities Repairs & Maintenance 2 0100-30-400-25-36-510001- Public Facilities Departmental Supplies 802 0100-30-400-25-36-510707- Public Facilities Power 353
0100-30-400-25-36-510809- Public Facilities Assessment fees 54 0100-30-400-25-37-510114- Public Facilities Contract Services 3,375 0100-30-400-25-37-510202- Public Facilities Hardware & Tools 10 0100-30-400-25-37-510205- Public Facilities Building Repair & Maintenance 14,749 0100-30-400-25-37-510707- Public Facilities Power 355 0100-30-400-25-40-510400- Public Facilities Professional Services 1,320 0100-30-400-25-50-510809- Public Facilities Assessment fees 101 0100-30-400-25-51-510202- Public Facilities Hardware & Tools 232 0100-30-400-25-53-510707- Public Facilities Power 3,666 0100-30-400-25-54-520200- Public Facilities Internal ISF Chrg - Building 4,083 0100-30-400-25-55-510001- Public Facilities Departmental Supplies 8,004 0100-30-400-25-55-510100- Public Facilities Service Agreements 350 0100-30-400-25-55-520200- Public Facilities Internal ISF Chrg - Building 1,772 General Fund Parks Expenditures 87,797 Account DivDesc ObjDesc Increase /
(Decrease)
0100-20-200-14-10-510200-ARPA Police Repairs & Maintenance 107 0100-30-300-04-60-510001-ARPA Education Partnership Departmental Supplies 47,147 0100-60-400-25-33-580300-ARPA Public Facilities Capital Prj.- Other Imp. 831 0100-60-400-25-52-580200-ARPA Public Facilities Capital Prj.- Buildings & Imp. 20,542 0200-60-400-19-02-580100-ARPA Streets Capital Prj.- Infrastructure 11,726 0200-60-400-25-33-580300-ARPA Public Facilities Capital Prj.- Other Imp. 426,193 0308-60-400-25-52-580200-ARPA Public Facilities Capital Prj.- Buildings & Imp. 88,237 5002-60-400-20-00-580100-ARPA Water Capital Prj.- Infrastructure 608,432 ARPA Expenses 1,203,215
Account DivDesc ObjDesc
Increase /
(Decrease)
0204-60-400-19-02-580100- Streets Capital Prj.- Infrastructure 911,462 0207-60-400-19-02-580100- Streets Capital Prj.- Infrastructure 590,633 0308-60-400-25-36-580300- Public Facilities Capital Prj.- Other Imp. 9,179 0308-60-400-25-37-580200- Public Facilities Capital Prj.- Buildings & Imp. 42,776 0308-60-400-25-52-580200- Public Facilities Capital Prj.- Buildings & Imp. 765,180 0308-60-200-14-00-580200- (3,800,000) 0308-60-400-19-02-580100- (800,000) 0305-60-400-19-02-580100- (800,000) 0200-60-400-19-02-580100- (1,200,000) 5000-60-400-21-00-580100- (1,100,000) 0200-60-400-20-00-580100- (1,200,000)
Capital Projects Funds Expenses (6,580,771)
Account DivDesc ObjDesc
Increase /
(Decrease)
0803-40-400-19-04-510200- Streets Repairs & Maintenance 154 0804-40-400-19-04-510200- Streets Repairs & Maintenance 262 0804-40-400-19-04-510707- Streets Power 303
0808-40-400-19-04-510205- Streets Building Repair & Maintenance 45 0808-40-400-19-04-510400- Streets Professional Services 4,493 0808-40-400-19-04-510704- Streets Water 3,693 0808-40-400-19-04-510706- Streets Refuse 1,632
0811-40-400-19-04-510400- Streets Professional Services 2,030 0812-40-400-19-04-510400- Streets Professional Services 675 0812-40-400-19-04-510707- Streets Power 317 0813-40-400-19-04-510001- Streets Departmental Supplies 93 0813-40-400-19-04-510400- Streets Professional Services 7,255 0813-40-400-19-04-510420- Streets Legal Services 18,275 0814-40-400-19-04-510400- Streets Professional Services 338 0815-40-400-19-04-510103- Streets Postage & Freight 80 0815-40-400-19-04-510104- Streets Advertising 2,284 0815-40-400-19-04-510400- Streets Professional Services 6,679 LLMD Funds Expenses 48,606
Account DivDesc ObjDesc
Increase /
(Decrease)
5000-40-400-21-00-510106- Wastewater Subscriptions & Dues 3,209 5000-40-400-21-00-510118- Wastewater Credit Card Processing Fees 1,400 5000-40-400-21-00-510150- Wastewater Software Subscription 458 5000-40-400-21-00-510805- Wastewater Bad Debt Expense 20,535 5000-40-400-21-00-520200- Wastewater Internal ISF Chrg - Building 403 5001-40-400-22-00-510001- Refuse Departmental Supplies 10 5001-40-400-22-00-510103- Refuse Postage & Freight 27 5001-40-400-22-00-510118- Refuse Credit Card Processing Fees 1,400 5001-40-400-22-00-510202- Refuse Hardware & Tools 137 5001-40-400-22-00-510501- Refuse Training 60 5001-40-400-22-00-510805- Refuse Bad Debt Expense 15,306 5001-40-400-22-00-510809- Refuse Assessment fees 389 5002-40-400-20-00-510100- Water Service Agreements 3,940 5002-40-400-20-00-510106- Water Subscriptions & Dues 560 5002-40-400-20-00-510115- Water Recruitment 23 5002-40-400-20-00-510118- Water Credit Card Processing Fees 1,400 5002-40-400-20-00-510300- Water Vehicle Operations 3,138 5002-40-400-20-00-510805- Water Bad Debt Expense 47,633 5002-40-400-20-00-520200- Water Internal ISF Chrg - Building 541 5003-40-140-12-00-510000- Public Transit Office Supplies 291 5003-40-140-12-00-510100- Public Transit Service Agreements 78 5003-40-140-12-00-510104- Public Transit Advertising 157 5003-40-140-12-00-510115- Public Transit Recruitment 595 5003-40-140-12-00-510300- Public Transit Vehicle Operations 209 5003-40-140-12-00-510701- Public Transit Communications 243 5003-40-140-12-00-510810- Public Transit Misc Over/Short 1 5003-40-140-12-00-520200- Public Transit Internal ISF Chrg - Building 357 5003-60-140-12-00-570100- Public Transit Automotive Equipment 5,983 5004-40-500-30-01-510100- Telecommunications Service Agreements 143 5004-40-500-30-01-521100- Telecommunications Ind Cost Allocation 617 5004-60-500-30-01-580100- Telecommunications Capital Prj.- Infrastructure 40,386 5006-40-400-23-00-510150- Rail Software Subscription 430 5006-40-400-23-00-510205- Rail Building Repair & Maintenance 282 5006-40-400-23-00-510302- Rail Vehicle Operations - Fuel 36 5006-40-400-23-00-521100- Rail Ind Cost Allocation 57,983 Enterprise Funds Expenses 208,358
Account DivDesc ObjDesc
Increase /
(Decrease)
5100-50-405-28-00-510200- Facility Maintenance Repairs & Maintenance 123 5100-50-405-28-00-510205- Facility Maintenance Building Repair & Maintenance 1,280 5100-50-405-28-00-510400- Facility Maintenance Professional Services 39 5100-50-405-28-00-521100- Facility Maintenance Ind Cost Allocation 6,283 5100-50-405-28-14-510205- Facility Maintenance Building Repair & Maintenance 20,141 5100-50-405-28-14-510701- Facility Maintenance Communications 1,820 5100-50-405-28-15-510205- Facility Maintenance Building Repair & Maintenance 17,092 5100-50-405-28-17-510001- Facility Maintenance Departmental Supplies 140 5100-50-405-28-17-510100- Facility Maintenance Service Agreements 3,644 5100-50-405-28-17-510200- Facility Maintenance Repairs & Maintenance 1,767 5100-50-405-28-17-510205- Facility Maintenance Building Repair & Maintenance 17,559 5100-50-405-28-17-510707- Facility Maintenance Power 100 5100-50-405-28-20-510205- Facility Maintenance Building Repair & Maintenance 1,332 5100-50-405-28-20-510706- Facility Maintenance Refuse 11,771 5100-50-405-28-20-510809- Facility Maintenance Assessment fees 3,003 5100-50-405-28-21-510200- Facility Maintenance Repairs & Maintenance 650 5100-50-405-28-50-510200- Facility Maintenance Repairs & Maintenance 121 5100-50-405-28-50-510205- Facility Maintenance Building Repair & Maintenance 42,356 5100-50-405-28-50-510701- Facility Maintenance Communications 427 5100-50-405-28-50-510706- Facility Maintenance Refuse 361 5100-50-405-28-50-510707- Facility Maintenance Power 23,249 5100-50-405-28-50-510708- Facility Maintenance Natural Gas 778 5100-50-405-28-90-510200- Facility Maintenance Repairs & Maintenance 435 5100-50-405-28-90-510701- Facility Maintenance Communications 4,291 5100-50-405-28-90-510706- Facility Maintenance Refuse 2,985 5100-50-405-28-90-510708- Facility Maintenance Natural Gas 1,321 5100-50-405-28-91-510200- Facility Maintenance Repairs & Maintenance 629 5100-50-405-28-91-510707- Facility Maintenance Power 4,653 5100-50-405-28-91-510708- Facility Maintenance Natural Gas 260 5101-50-400-24-00-510202- Vehicle Maintenance Hardware & Tools 292 5101-50-400-24-00-510300- Vehicle Maintenance Vehicle Operations 2,164 5101-50-400-24-00-510400- Vehicle Maintenance Professional Services 739 5101-50-400-24-00-520200- Vehicle Maintenance Internal ISF Chrg - Building 2,154 5101-50-400-24-00-521100- Vehicle Maintenance Ind Cost Allocation 10,434 5102-50-140-11-00-510443- Risk Management Property Insurance 260,710 5102-50-140-11-00-510444- Risk Management Risk Management Administration 2,203 5102-50-140-11-00-521100- Risk Management Ind Cost Allocation 3,595 5103-50-500-29-00-510115- Information Technology Recruitment 38 5103-50-500-29-00-510200- Information Technology Repairs & Maintenance 1,902 5103-50-500-29-00-510202- Information Technology Hardware & Tools 2,795 5103-50-500-29-00-510204- Information Technology Equipment Repair 1,680 5103-50-500-29-00-510205- Information Technology Building Repair & Maintenance 700 5103-50-500-29-00-510701- Information Technology Communications 455 5103-50-500-29-00-520200- Information Technology Internal ISF Chrg - Building 2,003 5103-50-500-29-14-510205- Information Technology Building Repair & Maintenance 1,350 5103-50-500-31-00-521100- GIS Maps Ind Cost Allocation 20,845 5103-60-500-29-00-570200- Information Technology Machinery & Equipment 47,115 Internal Service Funds Expenses 529,786
City of Shafter, CA
YTD Budget Update as of 02/21/2025
Welcome to the City’s Budget Status Report, prepared by the Finance Department to deliver a transparent and detailed update on current budget performance. This report, presented on a monthly or quarterly basis, is crafted to inform the City Council and our valued citizens about the current state of the City’s finances. It compares the revised budget to year-to-date (YTD) actuals, providing a clear picture of our progress against the financial plan.
For additional context, we include YTD figures from the prior year for the same period, along with variance explanations to highlight key diƯerences and trends.
To oƯer a longer-term view, this report includes a six-year Compound Annual Growth Rate (CAGR), illustrating the City’s financial trajectory over time. The report covers a comprehensive range of areas, including citywide operations, the General Fund, Enterprise Funds, Internal Service Funds, Special Revenue Funds, Capital Improvement Program (CIP), and Capital Expenditures (CAPEX). Throughout, you’ll find tables, charts, and detailed analysis to enhance understanding and support informed decision-making. Please note that the results presented are subject to change during year-end adjustments, which may include interest income allocation, interfund charges, year-end accruals, and other refinements. Our aim is to provide an accessible, data-driven overview that underscores our commitment to fiscal responsibility and accountability.
Financial Analysis Approach
Analyzing financial data at a citywide level is both impractical and irrelevant due to the diƯering accounting practices among various entities, such as full accrual versus modified accrual. Combining governmental and enterprise funds makes it unfeasible to accurately summarize financial results.
Additionally, interfund charges may be duplicated when consolidating information, leading to potential misrepresentation. Therefore, financial data is best analyzed at the individual fund level. Later in this report, more detailed insights are provided into the General Fund, Water, Sewer, Refuse, and other specific funds.
Why Include Citywide Data?
If citywide analysis has limitations, why present it? Despite its challenges, a broad financial overview provides key insights. For example, understanding total labor costs and their trends can be valuable. It also helps assess labor costs as a percentage of overall operating expenses and evaluates the impact of utilities, such as power, on city operations. While this perspective oƯers useful context, the primary focus of this report remains on individual funds, where a more detailed financial analysis is provided.
Note: Citywide data applies only to the city's operational funds and excludes fiduciary and agency funds.
Citywide Budget Comparison
The table below compares the citywide revised budget for operating expenses against current year-to-date (YTD) actuals. For context, YTD actuals from the same period last year are also included, along with year-over-year (YoY) changes. Additionally, a six-year Compound Annual Growth Rate (CAGR) is provided to highlight long-term trends. Red values within the CAGR indicate areas of high expense growth, which may signal financial concerns. These increases could be attributed to personnel expansion, service level adjustments, or inflationary pressures over the past few years.
The largest operating expense category is labor cost which represents of the total operating expenses.
Citywide Operating Expenses by Category
Account Category
24-25
Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
Labor Cost 21,274,458 11,907,977 56.0% 10,311,507 15.5% 1,596,470 7.1% Planned Operations 11,365,081 5,889,780 51.8% 5,550,939 6.1% 338,841 9.7% Utilities 4,765,260 2,944,769 61.8% 2,509,187 17.4% 435,582 8.4% Internal Charges 5,328,281 3,937,456 73.9% 3,446,099 14.3% 491,357 8.2% Debt - - 0.0% 35,048 -100.0% (35,048) 1.5%
Special Agreements 11,000,000 699,368 6.4% 990,994 -29.4% (291,626) -17.2% Citywide Operating Expenses $53,733,080 $25,379,350 47.2% 22,843,774 $2,535,576 11.1% 3.6% Given that labor costs are a significant component of the city’s operations, the following table presents labor costs by department. To further illustrate the distribution, a pie chart follows, breaking down labor costs by category. Police, as the largest category, is followed by Public Works. The Administrative category includes the City Manager’s OƯice, Information Technology, Finance, Human Resources, and City Clerk. The Services category consists of Building, Community Services, Planning, Economic Development, City Council, and the Planning Commission.
39.6%
Citywide Labor Cost by Department
Department
24-25
Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
200-Police 9,420,751 4,903,753 52.1% 4,196,331 16.9% 707,422 7.6% 400-Public Works 5,421,943 3,366,675 62.1% 2,897,932 16.2% 468,743 7.2% 140-Administrative Services 919,586 572,458 62.3% 478,050 19.7% 94,408 -0.7% 405-Building 1,310,650 762,395 58.2% 689,728 10.5% 72,667 13.4% 110-City Manager 679,896 499,055 73.4% 313,305 59.3% 185,750 7.7% 300-Community Services 928,348 442,674 47.7% 404,686 9.4% 37,988 8.7% 500-Information Technology 867,180 413,603 47.7% 478,345 -13.5% (64,742) 11.7% 145-Planning 536,165 266,003 49.6% 288,482 -7.8% (22,479) 3.4% 135-Human Resources 472,036 312,034 66.1% 261,813 19.2% 50,221 7.1% 125-Economic Development 483,902 206,030 42.6% 175,346 17.5% 30,684 2.8% 120-City Clerk 216,219 151,606 70.1% 114,986 31.8% 36,620 -3.4% 100-City Council 14,487 9,616 66.4% 10,017 -4.0% (401) 12.0% 105-Planning Commission 3,295 2,075 63.0% 2,227 -6.8% (152) 0.0% Grand Total $21,274,458 $11,907,977 56.0% 10,311,248 $1,596,729 15.5% 7.1% PD, 9,420,751 , 44%
PW, 5,421,943 ,
26%
Amin, 3,154,917 ,
15%
Services, 3,276,847
, 15%
The General Fund budget and financial information are subject to changes throughout the year as authorized by the City Council. Actual amounts are also subject to audits and year-end adjustments, including accruals, allocations, internal charges, and transfers.
The following table presents General Fund operating revenues and expenditures, excluding capital expenditures and CIP. This distinction is made because operating expenses are ongoing, whereas capital expenditures are typically one-time purchases that can be more easily controlled during periods of fiscal distress.
This table provides an overview of the General Fund, highlighting that approximately 90% of operating revenues come from taxes. On the expenditure side, labor costs represent the largest category. The summary table compares the budget to YTD actuals and prior-year figures while also including a sixyear Compound Annual Growth Rate (CAGR) to illustrate long-term trends.
General Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
400-Prop Tax 7,985,500 4,819,019 60.3% 4,272,589 546,430 12.8% 11.4% 410-Sales Tax 27,825,500 9,296,894 33.4% 10,495,710 (1,198,816) -11.4% 0.2% 415-Franchise 1,589,500 400,188 25.2% 874,476 (474,288) -54.2% 22.7% 71-Fees for Service 526,530 853,549 162.1% 426,812 100.0% 426,737 2.4% 73-License & Permits 1,486,531 979,550 151.8% 651,626 128.1% 834,905 -0.5% 74-Fines, Forfeitures, 24,600 29,932 121.7% 13,993 113.9% 15,939 85.2% 75-Rents & Concessions 540,030 218,704 40.5% 358,640 (139,936) -39.0% 8.9% 76-Investment Earnings 1,181,100 1,555,502 131.7% 1,459,188 96,314 6.6% -0.1% Total Revenues $40,652,310 $18,660,319 45.9% 18,553,034 $107,285 0.6% 3.1% Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
Labor Cost 17,620,732 9,849,454 55.9% 8,309,644 1,539,810 18.5% 7.3% Planned Operations 6,043,672 2,542,224 42.1% 2,258,183 284,041 12.6% 5.0% Utilities 641,480 380,122 59.3% 368,643 11,479 3.1% 25.5% Internal Charges 2,824,764 2,216,848 78.5% 1,809,627 407,221 22.5% 11.1% Special Agreements 11,000,000 699,368 6.4% 990,994 (291,626) -29.4% -17.2% Total Operating Expenses $38,130,648 $15,688,016 41.1% 13,737,091 $1,950,925 14.2% 1.3% Operating Income (Loss) $2,521,662 $2,972,303 117.9% 4,815,943 ($1,843,640) -38.3% 10.3%
The following table presents General Fund operating expenditures by department.
General Fund Operating Expenses by Department
Department
24-25
Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
125-Economic Development 11,783,308 1,169,711 9.9% 1,675,852 -30.2% (506,141) -14.0% 200-Police 12,210,308 6,894,823 56.5% 5,753,811 19.8% 1,141,012 9.2% 400-Public Works 6,317,245 3,260,244 51.6% 2,768,551 17.8% 491,693 9.1% 140-Administrative Services 1,069,824 609,440 57.0% 537,911 13.3% 71,529 0.4% 405-Building 1,642,306 935,330 57.0% 766,317 22.1% 169,013 9.2% 300-Community Services 1,452,260 755,381 52.0% 721,614 4.7% 33,767 7.2% 110-City Manager 834,717 574,173 68.8% 382,030 50.3% 192,143 8.7% 145-Planning 1,352,035 569,767 42.1% 407,471 39.8% 162,296 7.1% 135-Human Resources 645,867 420,064 65.0% 312,330 34.5% 107,734 5.8% 130-City Attorney 350,000 208,575 59.6% 165,973 25.7% 42,602 2.4% 120-City Clerk 337,936 230,662 68.3% 175,212 31.6% 55,450 -1.5% 000-Non-Departmental - - 0.0% - 0.0% - 0.0%
100-City Council 131,547 57,347 43.6% 67,792 -15.4% (10,445) 4.6% 250-Emergency Operations - 357 0.0% - 0.0% 357 0.0%
105-Planning Commission 3,295 2,142 65.0% 2,227 -3.8% (85) 0.0% Operating Expenditures $38,130,648 $15,688,016 41.1% 13,737,091 $1,950,925 14.2% 1.3%
The Water Fund is part of the city's Enterprise Funds, which operate like a business within the government. This means the water system is funded by the money it generates—mainly from water bills paid by residents and businesses—rather than taxes. These funds cover the costs of maintaining and improving the water infrastructure, including pipelines, pumps, and treatment facilities, ensuring a safe and reliable water supply for the community.
Water Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
Operating Revenues 5,407,500 3,713,725 68.7% 3,446,226 7.8% 267,499 2.6% Labor Costs 1,507,167 822,591 54.6% 790,713 4.0% 31,878 9.2% Planned Operations 1,146,524 766,389 66.8% 664,325 15.4% 102,064 10.1% Utilities 2,226,550 934,220 42.0% 919,965 1.5% 14,255 11.3% Internal Charges 1,074,303 804,504 74.9% 715,088 12.5% 89,416 17.0% Debt - - 0.0% - 0.0% - 0.0%
Operating Expenses 5,954,544 3,327,704 55.9% 3,090,091 $237,613 7.7% 11.6% Operating Income (Loss) ($547,044) $386,021 -70.6% 356,135 29,886 8.4% 0.0% The Sewer Fund is part of the city's Enterprise Funds, meaning it operates like a self-sustaining business. It is funded by fees paid by residents and businesses for sewer services, rather than tax dollars. This money is used to maintain, repair, and upgrade the sewer system, including pipelines and treatment facilities, to ensure safe and eƯicient wastewater collection and treatment for the community.
Sewer Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
Operating Revenues 2,635,000 1,679,777 63.7% 1,609,094 4.4% 70,683 4.8% Labor Costs 526,372 377,638 71.7% 286,272 31.9% 91,366 12.2% Planned Operations 993,021 526,925 53.1% 485,008 8.6% 41,917 7.2% Utilities 96,180 58,360 60.7% 50,087 16.5% 8,273 23.8%
Internal Charges 622,159 467,872 75.2% 413,184 13.2% 54,688 16.3% Debt - - 0.0% 35,048 -100.0% (35,048) -22.5%
Operating Expenses 2,237,732 1,430,795 63.9% 1,269,599 $161,196 12.7% 11.0% Operating Income (Loss) $397,268 $248,982 62.7% 339,495 (90,513) -26.7% -9.7%
The Refuse Fund is part of the city's Enterprise Funds, which means it is funded by fees paid by residents and businesses for trash collection and waste disposal services, rather than tax dollars. However, refuse operations within the City Core area are now outsourced to American Refuse, while services in the Gossamer Grove area are handled by Varner Brothers. These service providers are responsible for collecting and disposing of waste eƯiciently, ensuring a clean and well-maintained community.
Refuse Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
Operating Revenues 1,508,530 1,331,961 88.3% 1,193,688 11.6% 138,273 10.9% Labor Costs 149,917 65,248 43.5% 84,655 -22.9% (19,407) -13.1% Planned Operations 1,515,000 1,051,814 69.4% 1,032,512 1.9% 19,302 33.5% Utilities 60,350 19,164 31.8% 10,912 75.6% 8,252 57.8%
Internal Charges 322,325 - 0.0% 214,880 -100.0% (214,880) 0.0% Debt 75,000 55,425 73.9% - 0.0% 55,425 -23.6%
Operating Expenses 2,122,592 1,191,651 56.1% 1,342,959 ($151,308) -11.3% 13.0% Operating Income (Loss) ($614,062) $140,310 -22.8% (149,271) 289,581 -194.0% -24.7% The City of Shafter provides public transportation through its Dial-A-Ride program, a convenient, on-demand service that helps residents travel within the community. Riders pay a modest fee, while most the program’s operating costs are covered by subsidies from federal and state grants, including Section 5311, TDA (Transportation Development Act), LCTOP (Low Carbon Transit Operations Program), and other funding sources. The City is committed to sustainability, with most of its fleet being fully electric, reducing emissions and promoting cleaner transportation for the community.
Public Transit Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
71-Fees for Service 43,360 29,929 69.0% 31,907 -6.2% (1,978) -3.5% 77-Grants & Donations 415,600 124,347 29.9% - 0.0% 124,347 10.9% 78-Other Revenue - - 0.0% - 0.0% - 0.0%
79-Transfers-In - - 0.0% - 0.0% - 0.0%
Total Revenues 154,276 458,960 33.6% 31,907 383.5% 122,369 9.0% Labor Costs 309,836 202,720 65.4% 159,464 27.1% 43,256 6.5% Planned Operations 50,510 24,987 49.5% 25,063 -0.3% (76) 3.5% Utilities 16,270 10,440 64.2% 8,747 19.4% 1,693 11.3%
Internal Charges 164,137 124,832 76.1% 110,128 13.4% 14,704 15.5% Debt - - 0.0% - 0.0% - -34.1%
Operating Expenses 540,753 362,979 67.1% 303,402 $59,577 19.6% 8.9% Operating Income (Loss) (81,793) (208,703) 255.2% (271,495) 62,792 -23.1% 0.0%
The City of Shafter has developed an advanced fiber network to provide high-speed internet access to the community. This network is funded through the Telecommunications Fund, which has been operating at a loss. To improve financial sustainability, the City is planning to partner with a service provider to expand services and attract more customers. With the help of grant funding, this partnership is expected to increase customer adoption and eventually generate positive operating income, ensuring the long-term success of the network.
Telecommunications Fund Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
71-Fees for Service 155,100 148,159 95.5% 170,333 -13.0% (22,174) 15.0% 75-Rents & Concessions - - 0.0% - 0.0% - 0.0%
76-Investment Earnings - - 0.0% - 0.0% - 0.0%
77-Grants & Donations - 487,010 0.0% - 0.0% 487,010 0.0% 79-Transfers-In
Total Revenues 635,169 155,100 409.5% 170,333 272.9% 464,836 0.0% Labor Costs 64,111 34,725 54.2% 54,791 -36.6% (20,066) 18.6% Planned Operations 27,810 9,412 33.8% 9,212 2.2% 200 0.4% Utilities 135,270 111,000 82.1% 93,816 18.3% 17,184 -3.1% Internal Charges - - 0.0% 34,661 -100.0% (34,661) 14.6% Debt - - 0.0% - 0.0% - -34.3%
Operating Expenses 227,191 155,137 68.3% 192,480 ($37,343) -19.4% 11.1% Operating Income (Loss) (72,091) 480,032 -665.9% (22,147) 502,179 -2267.5% 4.0%
The Rail Operations Fund has experienced year-over-year operating losses, but the City of Shafter is taking steps to improve its financial outlook. The City is in the process of finalizing a long-term lease agreement with The Wonderful Company, which is expected to generate steady revenue. Over time, this agreement should help reduce the fund’s accumulated deficit and put rail operations on a more sustainable financial path.
Rail Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
71-Fees for Service 15,000 - 0.0% - 0.0% - 0.0%
75-Rents & Concessions 60,000 - 0.0% - 0.0% - -100.0%
76-Investment Earnings - - 0.0% - 0.0% - 0.0%
77-Grants & Donations - - 0.0% - 0.0% - 0.0%
79-Transfers-In
Total Revenues - 75,000 0.0% - 0.0% - -17.0%
Labor Costs 28,346 23,519 83.0% 14,994 56.9% 8,525 -2.0% Planned Operations 30,600 864 2.8% 8,217 -89.5% (7,353) 14.7% Utilities 9,580 1,764 18.4% 5,572 -68.3% (3,808) 8.9%
Internal Charges - 57,984 0.0% - 0.0% 57,984 -58.4%
Debt - - 0.0% - 0.0% - 0.0%
Operating Expenses 68,526 84,131 122.8% 28,783 $55,348 192.3% -1.0% Operating Income (Loss) 6,474 (84,131) -1299.5% (28,783) (55,348) 192.3% -0.6%
Special districts are areas within the City of Shafter where property owners pay dedicated fees to help maintain specific services and improvements in their neighborhoods. These districts include:
LLMD (Lighting, Landscaping, and Maintenance Districts) – These districts fund the upkeep of streetlights, landscaping, parks, and public spaces to ensure they remain clean, safe, and visually appealing. Property owners within these districts contribute through annual assessments.
CFD (Community Facilities Districts) – Also known as Mello-Roos districts, these fund a wider range of public infrastructure and services, such as roads, schools, emergency services, and parks. They are typically created for new developments, with property owners paying a special tax to support the improvements.
These districts ensure that specific areas receive the necessary maintenance and improvements without impacting the city’s general budget.
Special Districts Operating Revenues/Expenses
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
70-Taxes 981,106 595,953 60.7% 486,193 22.6% 109,760 12.8% 76-Investment Earnings - (12,405) 0.0% (7,461) 66.3% (4,944) 10.4% 79-Transfers-In - - 0.0% 1,122,667 -100.0% (1,122,667) 0.0% Total Revenues 583,548 981,106 59.5% 1,601,399 -63.6% (1,017,851) 5.8% Labor Costs - - 0.0% - 0.0% - 19.6%
Planned Operations 504,925 274,761 54.4% 273,270 0.5% 1,491 0.0% Utilities 165,240 84,687 51.3% 72,772 16.4% 11,915 -100.0% Internal Charges - - 0.0% - 0.0% - 0.0%
Transfers-Out - - 0.0% 1,122,667 -100.0% (1,122,667) 0.0% Operating Expenses 670,165 359,448 53.6% 1,468,709 ($1,109,261) -75.5% 38.2% Operating Income (Loss) 310,941 224,100 72.1% (982,516) 1,206,616 -122.8% 39.5%
The City of Shafter manages special revenue funds, which are made up of grants, state and federal funding sources like TDA (Transportation Development Act), gas tax, and SB1, as well as local funding such as impact fees. These funds are specifically designated for certain uses and cannot be spent on general city operations. The City combines these funds with local matching dollars to invest in capital projects, such as infrastructure improvements, road maintenance, and other community enhancements. This report provides a budget-to-actual summary, showing how much funding was allocated and how much has been spent on these projects.
Special Revenues & Capital Projects
Account Category 24-25 Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
70-Taxes 976,100 633,046 64.9% 606,782 4.3% 26,264 5.5% 71-Fees for Service - - 0.0% - 0.0% - -100.0%
72-Connection/Impact Fe 4,499,329 6,730,690 149.6% 1,607,325 318.8% 5,123,365 3.8% 73-License & Permits - - 0.0% - 0.0% - 0.0%
74-Fines, Forfeitures, 26,520 23,286 87.8% 9,697 140.1% 13,589 -0.6% 76-Investment Earnings 294,927 (284,672) -96.5% (211,153) 34.8% (73,519) 7.5% 77-Grants & Donations 11,938,650 3,256,478 27.3% 1,678,987 94.0% 1,577,491 27.1% 78-Other Revenue - - 0.0% - 0.0% - 0.0%
79-Transfers-In - - 0.0% - 0.0% - -100.0%
80-Operations -Internal 335,580 - 0.0% - 0.0% - -100.0% Revenues 10,358,828 18,071,106 57.3% 3,691,638 180.6% 6,667,190 9.0% Labor Costs - - 0.0% - 0.0% - 0.0%
Planned Operations - - 0.0% - 0.0% - 0.0%
Utilities - - 0.0% - 0.0% - 0.0%
Internal Charges - - 0.0% - 0.0% - 0.0%
Debt - - 0.0% - 0.0% - 31.0%
Capital Outlay 866,386 480,064 55.4% - 0.0% 480,064 23.2% CIP 22,525,769 5,556,964 24.7% 4,043,680 37.4% 1,513,284 19.0% Transfers - - 0.0% - 0.0% - 22.6%
Expenses 23,392,155 6,037,028 25.8% 4,043,680 $1,993,348 49.3% 22.6% Operating Income (Loss) (5,321,049) 4,321,800 -81.2% (3,436,898) 7,758,698 -225.7% 0.0%
The City of Shafter has four Internal Service Funds, which are used to support city operations by providing essential services to diƯerent departments.
These funds are not directly funded by residents but instead charge city departments for the services they provide. The four Internal Service Funds include:
Facility Maintenance – Ensures city buildings and facilities are properly maintained and in good condition. Vehicle Maintenance – Manages and repairs city-owned vehicles to keep them running eƯiciently. Risk Management – Handles insurance, workplace safety, and liability issues to protect the city from financial risks. Information Technology (IT) – Supports and maintains the city's technology infrastructure, including computers, software, and network systems.
These funds help the city operate smoothly by ensuring departments have the resources they need to serve the community eƯectively.
Internal Service Funds Operating Expenses
Department
24-25
Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
5100-Facility Maintenance 853,652 517,449 60.6% 330,802 56.4% 186,647 22.9% 5101-Vehicle Maintenance 243,605 152,780 62.7% 140,626 8.6% 12,154 0.9% 5102-Risk Management 1,240,240 1,310,604 105.7% 979,640 33.8% 330,964 -4.3% 5103-Information Technology 854,424 1,518,432 56.3% 997,963 -14.4% (143,539) 12.3% Grand Total 3,855,929 2,835,257 73.5% 2,449,031 $386,226 15.8% 4.4%
As Shafter continues to grow, the city's fleet and equipment play a crucial role in maintaining essential public services. These assets—ranging from police vehicles and fire trucks to street sweepers, and construction equipment—help ensure the city operates eƯiciently and safely for residents and businesses.
What is a Fleet? A fleet refers to the collection of vehicles owned and operated by the city to support public services. This includes:
Emergency Response Vehicles – Police cars and fire trucks that provide public safety and emergency assistance. Public Works Vehicles – Street sweepers, dump trucks, and utility vehicles that maintain roads, sidewalks, and city infrastructure. Parks and Recreation Vehicles – Mowers, utility carts, and trucks used for maintaining parks, sports fields, and community spaces.
The following table provides citywide capital expenses by department.
Citywide Fleet & Equipment
Account Category
24-25
Budget
24-25 YTD
Actual
24-25 %
of Budget
23-24 YTD
Actual YoY Change
YTD %
Change
Six Yr CAGR
(19 to 24)
200-Police 1,176,898 1,018,195 86.5% 348,951 191.8% 669,244 24.9% 400-Public Works 669,997 419,760 62.7% - 0.0% 419,760 -22.6% 140-Administrative Services - 5,983 0.0% 403,742 -98.5% (397,759) 0.0% 500-Information Technology 340,000 387,115 113.9% 34,688 1016.0% 352,427 -100.0% 300-Community Services - - 0.0% 218,472 -100.0% (218,472) 103.8% 405-Building - - 0.0% - 0.0% - -25.0%
210-Corrections - - 0.0% - 0.0% - -100.0%
100-City Council - - 0.0% - 0.0% - 0.0%
145-Planning - - 0.0% - 0.0% - -100.0%
110-City Manager - - 0.0% - 0.0% - -100.0%
000-Non-Departmental - - 0.0% - 0.0% - 0.0%
135-Human Resources - - 0.0% - 0.0% - 0.0%
120-City Clerk - - 0.0% - 0.0% - 0.0%
Total Citywide Fleet & Equipment 1,831,053 2,186,895 83.7% 1,005,853 $825,200 82.0% 21.4%
The Capital Improvement Program (CIP) is a long-term plan that outlines major infrastructure projects a city or government plans to complete over several years. These projects include things like road repairs, new parks, public buildings, and water system upgrades. The CIP helps prioritize and budget for these big projects, ensuring the community's needs are met while managing financial resources wisely. It typically spans multiple years and is updated regularly to reflect changing priorities and funding availability.
CIP Category
FY Actual
21/21
FY Actual
22/22
FY Actual
23/23
FY Actual
24/24
FY YTD
Actual 25/25 Total
Streets 2,302,147 2,736,036 1,633,263 4,798,297 2,153,225 13,622,969 Water 1,534,492 1,278,889 1,211,899 1,608,122 2,084,740 7,718,141 Parks 0 53,998 842,398 2,608,359 927,905 4,432,660
Sewer 517,426 919,098 459,940 687,444 694,041 3,277,948 Public Facilities 15,867 9,500 960 1,880,380 1,052,095 2,958,801 Other 934,134 70,253 2,000 157,782 4,148 1,168,318
General Gov 284,206 74,952 16,184 638,155 59,070 1,072,567 IT 0 0 0 149,840 337,170 487,010
Police 10,420 0 16,102 193,396 181,031 400,949
Economic Dev 28,280 21,867 31,155 34,163 6,209 121,673
Learning Center 0 0 0 8,711 79,396 88,107
Grand Total $5,626,972 $5,164,592 $4,213,900 $12,764,649 $7,579,031 $35,349,145
999,025
95,037
446,150
626,798
985,216
337,170
55,568
1,255,286
2,031
692,010
2,084,740
0 500,000 1,000,000 1,500,000 2,000,000 2,500,000
Federal Grant
Gas Tax
General Fund
Road Maint & Rehab.
State Grants Projec
Telecommunications
Traffic Mitigation
Tran. Dev. Act - St
Wastewater Connecti
Wastewater Operatio
Water Operations
YTD By Fund
The City of Shafter has maintained a general fund surplus in recent years, contributing to one of the healthiest reserve levels in the region. The City Council adopted the current budget as a balanced budget, ensuring fiscal responsibility. While we are now experiencing a sharp decline in sales tax revenue, projections indicate that we will still conclude the fiscal year with a surplus. This year-to-date budget update provides valuable insight into the City's financial status. For any questions or further clarification, the Finance Director is available for discussion.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 4, 2025
DEPARTMENT: Carol Chavolla, HR Director, Marco Martinez, City Attorney SUBJECT: ORDINANCE AMENDING CITY COUNCIL SALARY & BENEFITS
PROVISIONS
RECOMMENDATION
Council waive further reading, read by title only and introduce the following, Ordinance 764, an Ordinance of the City Council of the City of Shafter, California, Amending Section 2.04.120 of the Shafter Municipal Code Relating to City Council Salary and Benefits; and provide direction concerning the pursuit of an amendment with the City's contract with the California Public Employee Retirement System to authorize City Council retirement benefits.
BACKGROUND
Late last year, the City Council provided direction concerning the preparation of amendments to the City’s Municipal Code that would authorize the City Council to:
1. Receive a monthly stipend of $950.00 per month; and
2. Authorize the receipt of health and retirement benefits.
The requested changes to the salary were premised on the recent adoption of Senate Bill 329 (“SB 329”) which increased the maximum amount of salary that council members may receive according to a schedule that is based on the population of a city.
This legislation became effective on January 1, 2024, and identified the salary for cities that are the same size as Shafter at $950.00 per month. The Council reviewed the population/salary schedule adopted by SB 329 and requested that staff prepare appropriate amendments to the municipal code to authorize this change. In addition, the City Council reviewed the benefits provided to council members in other cities and requested a similar change to further authorize such benefits.
The attached ordinance amends Section 2.04.120 of the Shafter Municipal Code to authorize the following:
1. Payment of a $950.00 monthly stipend for all members. Currently, the municipal code authorizes the payment of three hundred dollars per month for the mayor and two hundred dollars per month for the mayor pro tem and every other member of the City Council. Adoption of the ordinance would increase the amount to $950.00 per month per member; and
2. Eligibility to Receive Health & Retirement Benefits. Currently, the Council does not
ORDINANCE AMENDING CITY COUNCIL SALARY & BENEFITS PROVISIONS - 2 -
receive health or retirement benefits. The amendments would authorize the City Council to receive such benefits. Upon the effective date of the ordinance, council members would become eligible to receive health benefits. These include the following:
Health Insurance Benefits.
[AFLAC benefits available for purchase. This includes FSA. Employees may contact the AFLAC representatives for cost of the benefits.] Council members could not receive salary in lieu of declining the health benefits.
Retirement Benefits. With respect to retirement benefits, the City is a member of the California Public Employee Retirement System (CalPERS) via contract with that agency. The current contract excludes the payment of retirement benefits to Council members. Such an amendment would have to be authorized by separate action of the Council (Resolution) and would take approximately 6-8 months to be processed by CalPERS. The Council should discuss whether it wishes to pursue retirement benefits and an amendment with the contract with CalPERS.
FISCAL IMPACT
The revisions to the salary schedule would require the Council to budget an additional $43,800 per fiscal year in council salary, beginning in December of 2026 (pro-rated amount for the 2026-2027 fiscal year is approximately half that amount). Providing health benefits would cost the City approximately $109,295.64. CalPERS retirement benefits will depend on calculations made by CalPERS as part of a future contract amendment.
CEQA ANALYSIS
ORDINANCE AMENDING CITY COUNCIL SALARY & BENEFITS PROVISIONS - 3 -
The project is exempt from the California Environmental Quality Act (CEQA) because it is not a project.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Ordinance 764 Council Salary & Benefits 2025
ORDINANCE NO. 764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA, AMENDING SECTION 2.04.120 OF THE SHAFTER MUNICIPAL
CODE RELATING TO CITY COUNCIL SALARY AND BENEFITS
WHEREAS, the City Council of the City of Shafter is authorized by Article XI, Section 7 of the California Constitution to create and enforce laws and regulations to promote local police, sanitation, and other matters, including matters related to the promotion and encouragement of public service; and
WHEREAS, Section 4.06 of the Shafter Charter describes the authority of the City Council to determine their compensation and provides as follows:
“Council Compensation and Expenses: The Council may determine the salary and compensation of the Mayor, Mayor Pro Tem, and Council Members by ordinance, but no ordinance increasing such salary shall become effective until the commencement of the terms of Council Members elected at the next regular Council election. The Mayor, Mayor Pro Tem and Council Members shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office, such reimbursement to be made pursuant to a schedule of expenses adopted by the Council by resolution.” WHEREAS, Section 2.04.120 of the Shafter Municipal Code currently establishes the Council salary at $300.00 per month for the mayor and $200.00 per month for the mayor pro tem and every other member of the city council; and
WHEREAS, Section 2.04.120 further provides that the mayor and council members are not eligible to receive any health insurance benefits; and WHEREAS, on June 29, 2023 Governor Newsom signed into law Senate Bill 329 (“SB 329”) which increased the maximum amount of salary that council members may receive based upon a population schedule; and
WHEREAS, SB 329 was premised on the goal of giving general law cities the option to adjust council member compensation to account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service and promote their participation; and WHEREAS, although the City of Shafter is a California Charter City, the City Council believes the goals of SB 329 are similarly applicable to charter cities and the City Council wishes to use a similar population-based salary schedule to guide council compensation in the City of Shafter; and
THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 2.04.120 of the Shafter Municipal Code is hereby amended and restated in its entirety to read as follows:
Shafter City Council Ordinance No. 764
March 18, 2025
“2.04.120. - Mayor and city council compensation.
A. Commencing the first day of the month immediately following certification of the results of the November, 2026, municipal election of the Shafter City Council and every first of the month thereafter, members of the city council shall receive Nine hundred and fifty dollars ($950.00) per month.
B. The compensation set forth herein shall be paid without regard to the number of city council meetings attended by the mayor, mayor pro tem, or council members.
C. The mayor, mayor pro tem and council members may waive their own compensation on an annual basis by giving written notice to the city manager after December 1 and prior to December 31 in the year immediately preceding the year for which compensation will be waived. For members appointed or elected to serve less than a full four-year term those members must give written notice of waiver no later than administration of the oath of office.
D. Per Diem Meal Compensation.
1. The mayor, mayor pro tem, and each council member shall also receive a daily salary for meals and incidentals when traveling for city-related business. The amount of such daily salary shall be set by Ordinance. The daily salary shall be treated as wages, and will be subject to state and federal income and employment tax withholdings.
2. Notwithstanding, Section 2.04.120.D.1, if the mayor, mayor pro tem, or a council member has made an annual election to waive his or her monthly salary, pursuant to Section
2.04.120(C), he or she shall not receive a daily salary for meals and incidentals when travelling for city-related business. Instead, he or she shall submit his or her expenses for meals and incidentals incurred while travelling for city-related business pursuant to the terms of the Resolution No. 2640 (or its successor). Such reimbursements will not be treated as wages because they are made pursuant to an accountable plan.
E. The compensation set forth herein is exclusive of any amounts payable to the mayor and each member of the city council for reimbursement of actual and necessary expenses incurred for city-related business.
F. Subject to amendment of the City’s CalPERS retirement contract, the mayor, and council members shall be eligible to enroll in the California Public Employee Retirement System (PERS) as optional members. Further, the mayor and council members shall be eligible to receive the same health insurance benefits provided to the City’s general employees. The mayor and council members shall also be eligible for business travel accident plan benefits that are provided through the city's self-insured risk management authority.” SECTION 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
Shafter City Council Ordinance No. 764
March 18, 2025
section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 3. CEQA Determination. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) & (3) as there is no potential for physical changes to the environment as this ordinance implements administrative regulations only for the possession, sale and discharge of fireworks only.
SECTION 4. Publication. This ordinance shall be published as provided in Government Code section 36933.
SECTION 5. Effective Date. This Ordinance shall be effective upon the commencement of the thirty-first (31st) day following the adoption date.
PASSED, APPROVED, AND ADOPTED this 18th day of March, 2025.
Chad Givens, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney