Shafter City Council
June 17, 2025

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
6 Third-Party Plan Review Services
Subject to the Building Official’s approval, CSG can offer comprehensive, cost-effective third-party plan review services to our public agency clients on projects for which applicants may be seeking plan review turnaround times that cannot be readily accommodated by building department staff. Under such third-party agreements, and the agency’s approval, CSG negotiates plan review fees and review schedules directly with the permit applicant, with CSG’s fees paid by the applicant.

AVAILABILITY AND CUSTOMER SERVICE
We clearly understand the importance of our role in the success of the City of Shafter and commit to providing project stakeholders and City staff with the highest level of service while functioning as a seamless extension of the City. We believe effective communication, responsiveness and an intense focus on customer service are essential to developing and continuing a successful working relationship between City staff, project stakeholders and CSG’s team members.

Office Hours and Meeting Availability
Plan Review
CSG plan checkers are available for inquiries anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the following day a request is received.

To assist the City of Shafter, we can also meet in-person with City staff and project stakeholders or can utilize video conferencing with all parties involved.

Additionally, we recognize the value of pre-design consultation with prospective applicants and are available to provide this service at no additional cost. Our designated Project Manager and/or technical staff will be available in-person for consultation and meetings with a reasonable lead time.

Inspection
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager. We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction needs can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.

We recognize the
value of pre-design
consultation and are
available to provide
this important
service.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
7 PLAN CHECK TURNAROUND TIMES
CSG strives to provide the highest quality and most timely service in the industry. We take pride in maintaining the requested plan review times for all our clients—even delivering faster than our own deadlines. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. The following are CSG’s proposed plan check turnaround times:

TYPE OF REVIEW

INITIAL REVIEW
(BUSINESS
DAYS)2

RE-CHECK
(BUSINESS
DAYS)2
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Commercial New Construction & Large/Complex Projects1 15 7 Commercial Additions 10 5
Small Commercial Remodels/Tenant Improvements 10 5
Expedited 5 5
1 Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, CSG will notify the City’s representative and negotiate additional time required to ensure an appropriate level of review.
2 The number of working days associated with the plan check turnaround time is based on time of project submittal.

The first working day will be the day the project is received by CSG if submitted by 12:00 PM. For a project that is received by CSG after 12:00 PM, the first working day will be the next business day.

Expedited Plan Check Services
At the City’s request, we can perform plan check services on an accelerated schedule based on the fees indicated in our fee schedule.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
8 BUILDING INSPECTION SERVICES
CSG provides fully integrated, multi-disciplined building inspection services for residential, commercial, and industrial projects. Our inspection personnel have an outstanding mixture of technical expertise and experience in all construction types. We provide experienced, ICC certified inspectors who work with a team approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field.

Key services include but are not limited to the following:

Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes
Offering code interpretation and education
Seamlessly integrating into client organizations and consistently enforcing policies and procedures
Addressing and resolving inquiries
Maintaining records and files
Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties.

PERMIT TECHNICIAN SERVICES (REMOTE)
CSG has highly qualified staff available to provide Permit Technician services.

These frontline, first-response services are vital to the success of the entire building and safety permit process as they often set the tone for the applicant whether a homeowner, contractor, or design professional. CSG handpicks exceptionally qualified personnel who can function as seamless extensions of the agency’s team, understand the importance of exemplary customer service, and have knowledge of the inner workings of building departments and thorough familiarity with the building application and permit process.

CSG's permit processing staff is trained in customer service and helping to facilitate and expedite the permit process. Our staff members can perform quick assessments of each customer’s needs and ensure that they are served appropriately. They are familiar with State Contractors License Law and ensure that permits are issued to properly licensed contractors. CSG’s permit technicians are also familiar with multiple permit software systems and will quickly gain proficiency with the software that has been customized for the City. Our staff is knowledgeable and experienced with permit processing functions including:

Providing the public with appropriate forms and handouts Processing permit applications and issuing permits using the City’s software Accepting plans, documents, structural calculations and energy reports for permit processing Routing plans to building and other departments and agencies Performing document control, ensuring permit file integrity, and maintaining status of plans and documents during the permit process.

Preparing plan check letters to be sent to applicants
Assisting the public with completing applications and other required forms Preparing documents and reports; providing permit record materials requested from the public; researching and compiling documents for compliance with Public Records Act (PRA) requests.

CSG provides all
vehicles, fuel,
maintenance, and
other equipment
necessary for
inspectors to carry
out duties, with
no additional
charges.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
9 Additional Services
In addition to building division services, CSG also offers the following services for the City’s consideration:

FIRE PLAN REVIEW SERVICES
Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times, and offer proven digital plan review services and comprehensive online status reports. CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.

Multi-faceted Expertise
CSG furnishes plan review for fire and life safety, fire department access and water supply, wildland urban interface, fire protection systems, and special hazards for all structures with emphasis on the unique needs and requirements of each of our clients. We have expertise in the special requirements and risks associated with industrial and commercial buildings as well as single- and multi-family complexes. All fire plan review and inspection personnel are thoroughly trained in and familiar with jurisdictional processes, working with multiple agency departments, and serving the public.

FIRE INSPECTION SERVICES
CSG offers experienced, CSFM/ICC certified inspectors. Typical responsibilities include, but are not limited to:
providing inspection services for fire and life safety systems and construction, in addition to maintaining records and files concerning fire permits and code administration documents. We offer fully integrated, multi-disciplined fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. Specific inspections include, but are not limited to:
 Automatic Fire Sprinkler Systems
 Engineered and Pre-engineered Fire Protection Systems (e.g., kitchen hoods, spray booths, clean agent systems)
 Fire Alarm Systems
 Development Improvements (e.g., fire hydrant and other types of water supply systems, fire department access, underground fire Services)
 Fire Code Maintenance/Life Safety (e.g., permitted sites, public and private schools, State licensed facilities, hotels, motels and apartment complexes)

CODE ENFORCEMENT SERVICES
CSG maintains experienced Code Enforcement Officers who are fully trained, licensed and certified through the California Association of Code Enforcement Officers (CACEO) and the National Environmental Health Association (NEHA) for any code enforcement or health and safety challenge presented.

Code Enforcement Supervision
CSG can provide interim staffing to oversee an agency’s code enforcement personnel and day-to-day activities, ensuring, for example that procedures are followed, caseloads are managed effectively, and that code enforcement officers work fairly and consistently with property owners and reporting parties. Our personnel are adept at serving as liaisons for Code Enforcement units when interacting with members of SECTION 3

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
10 other departments. CSG Code Enforcement Managers may be called upon to attend department meetings, committee meetings and City Council meetings as a code enforcement program progresses. They can be also available to assist code enforcement officers, law enforcement, and other City staff as well as representatives of other agencies on field visits when needed. In addition, CSG personnel can review existing code enforcement programs—look for efficiencies and help establish appropriate policies and procedures to facilitate the mission of the code enforcement unit.

Code Enforcement Services
CSG’s Code Enforcement Officers work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes tailored to the specific needs of the agency. Examples of codes and ordinances enforced include:

Zoning codes
Building codes
Housing codes
Public nuisance codes
State health & safety codes
Special concerns such as work and safety regulations, short term rental enforcement, massage and human trafficking, and marijuana dispensaries
Our Code Enforcement Officers have extensive experience and skills in the following key areas:

Public outreach and education to stakeholders, citizens, businesses, and various organizations.

Addressing compliance with applicable local, state, and federal laws Proactively patrolling the community on a regular basis to detect applicable violations The ability and skill to interact with residents and other community investors in a calm, professional, and empathetic fashion
Regular reporting to designated City staff on activities performed Procedural knowledge of law enforcement principles, including PC832 certifications Executing and serving warning and notice letters to violators.

Responding to public questions and providing clarification when requested Code enforcement program review and analysis
Preparing administrative remedy notices including administrative citations Conducting administrative hearings
Preparing program documentation and staff reports as well as committee and City Council presentations Testifying on behalf of clients in administrative hearings or criminal court License and permit application review and processing
Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorneys
Providing information on municipal regulations to property owners, residents, businesses, the public, and agency departments
Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including:

Enforcing administrative abatements and managing receiverships Testifying in public hearings and court proceedings on behalf of the agency Facilitating settlement agreements
Recommending changes to municipal codes
Serving as expert witnesses in administrative, civil, or criminal venues

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
11 Organizational Chart

BUILDING SERVICES STAFF
CSG’s business model is to serve as an extension of municipal staff— working solely for public agencies and not for private developers. Our team members excel at customer service and maintain CSG’s high standards of integrity, responsiveness, and work quality. We do this seamlessly, minimizing disruption to the City’s existing workflows and processes. No subcontractors will be utilized for this project. We take pride in providing project managers who have a variety of project experience, who are motivated to excel in their field, and who have technical and customer service skills that are crucial to on-the-job success. Resumes for key staff have been provided in the appendix, additional resumes can be provided upon request.

SECTION 4
*Ali Annan, PE, CBO, CASp
Senior Plan Check Engineer

PROJECT MANAGEMENT

VICE PRESIDENT AND REGIONAL OPERATION DIRECTOR
*Mike Brinkman, CBO, CMP, CASp
Vice President of Building Services
Crickett Brinkman
Regional Operations Director

BUILDING PLAN REVIEW
Miroslav Lhotsky, SE, CBO, MPA
Senior Plan Check Engineer
Christine Jansen, PE
Principal Plan Check Engineer
Randy Brumley, PE
Senior Plan Check Engineer
Jimmy Le, PE, ME
Associate Plan Check Engineer
Annette Mayfield, CASp
Senior Plans Examiner
Priska Cheng, PE, CASp
Senior Plans Examiner
Ivan Ramirez
Senior Plans Examiner
Stuart England, CASp
Senior Plans Examiner
Ashkan Arya, PE
Senior Plan Check Engineer
Jonathan Hurst
Senior Plans Examiner
Christine Uhalde
Associate Plans Examiner
Jared Claypool
Associate Plans Examiner
Bryan Montes, CPE
Associate Plans Examiner

PERMIT TECHNICIANS
Micayla Martins
Supervising Permit Technician
Theresa Hartman
Senior Permit Technician

BUILDING INSPECTION
Joshua Laupua, CBO
Supervising Building Inspector
Kenneth Cabral, CBO, MCP
Supervising Building Inspector
Mason Vandenberg
Supervising Building Inspector
Alex Garsia
Building Inspector II
Craig Weese
Building Inspector II
Arturo Macias
Building Inspector I
Alec Whitsitt
Building Inspector I
A.J. Ram
Building Inspector I
C.J. Pulido
Building Inspector I
Thunderstorm Vue
Building Inspector I

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
12 COMMITMENT TO EXCELLENCE
Our People
Our clients benefit from the expertise of our team members who hold a wide variety of project experiences and are motivated to achieve the highest level of technical proficiency and certification. Knowing technical excellence is vital to successful service to our clients and to meeting their jurisdictions’ level of safety and code compliance, our team members are ICC certified, include registered engineers, and possess additional required professional certifications. They routinely update their knowledge and skills through attendance of specialized training classes and continuing certification seminars in the most current building codes and standards as well as approved and modern methods, materials, tools and safety practices used in the industry. In addition, we understand that integrity, responsive customer service, and excellent communication and interpersonal skills are critical to on-the-job success, and we actively seek these qualities in our team members.

We also support our team members in their participation in and contributions to the many important associations and organizations within our industry. Many of our team members hold or have held key positions within the organizations listed below and have served as in-demand instructors and trainers.

League of California Cities
International Code Council
California Building Officials
County Building Officials Association of California
ICC Chapters of Central Coast, Foothill, Napa-Solano,
Peninsula, East Bay, Monterey, Sacramento Valley,
Yosemite, Shasta Cascade, Redwood Empire, Los
Angeles Basin, Orange Empire, Coachella
Certified Access Specialist Institute (CASI)
California Fire Chiefs Association
Northern California Fire Prevention Officers
Southern California Fire Prevention Officers
National Fire Protection Association
California Automatic Fire Alarm Association
American Fire Sprinkler Association
National Fire Sprinkler Association
American Public Works Association
American Society of Safety Engineers (ASSE)
Institute of Transportation Engineers
Structural Engineers Association of Northern California Structural Engineers Association of Southern California Quality Assurance
Key to our approach to quality assurance is that it must occur throughout the entirety of the project and with the right people involved every step of the way. Our team’s unwavering integrity and commitment are combined with our internal processes and leading-edge digital technology to consistently produce quality work products and maintain highly satisfied clients. At project outset, CSG’s project manager assigns the most technically specialized team members who, through their experience and training, best understand the needs of our client. Our quality control processes include verifying procedures and code requirements, defining and applying standards used in code applications, and assessing work products to ensure that jurisdictional requirements and expectations are met.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
13 Project Examples
The following is a small sampling of projects for which CSG’s staff have provided services for:

CALIFORNIA FLATS SOLAR FARM | COUNTY OF MONTEREY, CA
Building Plan Review
CSG has performed building plan review for a variety of largescale solar power plants including this massive solar farm on a 2,900-acre site in Monterey County. The project included plan review for 280-megawatt power station with over 1 million solar panels capable of serving the energy needs of approximately 100,000 homes.

THE VILLAGES| CITY OF LOS BANOS, CA
Building Plan Review & Inspection
CSG provided building plan review and inspection on this residential development in Los Banos, CA. This project
included review of 4 master plans ranging from 1,515 to 2,814 square feet, as well as inspection of all units in the development.

HAMPTON INN | CITY OF PATTERSON, CA
Building Plan Review & Inspection
CSG performed building plan review and inspection for this new 48,471 square foot, 4-story hotel with a valuation of $7,500,000. The project is Type V-A construction, fully sprinklered and includes 86 guestrooms, business occupancies, a lobby, breakfast area, meeting room, fitness room, and an outdoor pool and spa.

GREENFIELD COMMONS | CITY OF GREENFIELD, CA
Building Plan Review
CSG is providing building plan review services for the Greenfield Commons residential project, which is comprised of eight residential buildings, two laundry buildings, a maintenance building and a community building. The project includes a total of 222 apartments in two-story modular structures, 333 parking spaces, 227 bicycle spaces, and is a 100% affordable development. The community building features amenities for residents such as fitness areas, laundry rooms, a kitchen, conference space, a general lobby and leasing offices—while Courtyard spaces serve as an integral component of the development.

SAN LUIS RANCH | CITY OF SAN LUIS OBISPO, CA
Building Plan Review
CSG is providing building plan review for this 130-acre property along US Highway 101. The project will include 580 residential units, 200,000 square feet of commercial space, 140,000 square feet of office development, and a 200-room hotel.

SECTION 5

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
14 Fee Schedule

BUILDING SERVICES RATES
CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. This service is provided at no additional cost. Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.

SERVICE / ROLE ALL INCLUSIVE FEE / HOURLY RATE
Off-Site Building Plan Review (by Percentage)
Full Building Plan Review by Percentage 70% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 45% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees Off-Site Building Plan Review (Hourly Rates)
Building Plan Review $138
Building Plan Review – Professional Engineer $153
Building Plan Review – Structural Engineer $174
Structural Only Plan Review $174
Grading Plan Review – Civil Engineer $204
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
CASp Services
CASp Plan Review/Consultation $170
CASp Inspection/Consultation $170
Building Department Services
Permit Technician (Remote) $92
Senior Permit Technician (Remote) $107
Certified Building Inspector $118
Certified Combination Building Inspector $138
Building Department Administrative Services $148
All hourly rates include salaries, benefits, workers compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the Agency prior to proceeding. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the Agency and CSG. Hourly rates for publicly funded projects will be based on current prevailing wage rates. On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.

Building Department Administrative Services may include developing and establishing: building department workflows and relationships with other agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the Agency.

SECTION 6

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
15 Appendix –Resumes of Key Staff SECTION 7

16 Ali

LICENSES &

CERTIFICATIONS
California Licensed
Professional Engineer (PE)-Civil
Certified Building Official (CBO)
Certified Fire Marshal (CFM)
Certified Building Code Specialist
Certified Building Inspector
Certified Building Plans Examiner
Certified Access Specialist (CASp)

EDUCATION
Bachelor of Science Degree,
Civil Engineering
Cal State University, Los Angeles
Palomar College, San Diego
Associate in Arts Degree

PROFESSIONAL

AFFILIATIONS
Certified Access Specialist Institute
Principal Director of County Building
Officials Association of California
American Public Works Association
(APWA): Past President and currently
serving as an executive
Board Member, Local Chapter
Annan PE, CBO, CFM, CASp
Senior Plan Check Engineer
Mr. Annan‘s professional background consists of over 36 years of diversified experience in Building Department Services, Engineering, Code Compliance and Enforcement of California Code of Regulations, Title 24 (Building Codes). He was most recently serving as the Building Official for Kern County and Assistant Director of Public Works Department.

RELEVANT EXPERIENCE
County of Kern, CA
Mr. Annan served in positions of increasing responsibility during his service to the County of Kern.

Chief Building Official and Assistant Director | County of Kern, CA Mr. Annan most recently served as Assistant Public Works Director and the Building Official for Kern County. This included overseeing/managing the operations of the Building and Code Division, which consists of the following Sections: Building Inspection and Plan Check, Code Enforcement, Flood Plain Management, Drainage, Grading, and County Service Areas. Mr. Annan also interpreted and enforced building codes, oversaw and provided guidance for building permits and field inspection activities, developed operating policies and procedures related to building and safety, provided timely response to complaints, and took necessary steps to resolve issues and code related violations. Additionally, he advised the public and designers on code related building and accessibility rules and regulations, attended Board of Supervisors hearings and other public meetings, conferred with Public Works Directors, members of the Board of Supervisors and others on issues relating to various code interpretation. Additional duties included participating in meetings with builders to gain feedback and provide information regarding plan review and code enforcement, issuing Certificates of Occupancy, as well as reviewing and updating the County’s Code of Building Regulations.

Engineering Manager-for Public Works Department/Engineering, Building Inspection, Surveying and Permit Services | County of Kern, CA
Mr. Annan served as an engineering manager in charge of day-to-day operations related to Building Inspection and Building Plan Check, Drainage & Grading Plan reviews, and Subdivision/Land Development Plan reviews.

Supervising Engineer for Engineering and Survey Services Department, Building Inspection Division | County of Kern, CA
Mr. Annan served as a supervising engineer and the lead building plans examiner for residential, commercial and industrial buildings. In this role, he consulted with engineers, architects, inspectors, contractors, designers and the general public regarding matters such as design, engineering, codes, regulations, etc. Additionally, he also supervised Building Plans Examiners, Inspectors, and Building Plans Technicians, while providing training and building code interpretations to building inspectors and staff.

Engineer III-for Engineering and Survey Services Department | County of Kern, CA Mr. Annan served as the County Service Areas Engineer, managing the work of several engineering consultants for various engineering and environmental projects. He designed flood control facilities, supervised construction inspection of major projects, and formed numerous county service areas and assessment districts. Additionally, he checked subdivision improvement plans to ensure compliance with engineering principles and development standards/regulations.

Engineer II for the Planning and Development Services Department, Flood Plain Management Division | County of Kern, CA
Mr. Annan performed land development improvement plans check and analysis. He checked drainage, flood and hydrology studies for land subdivisions, while participating in developing/updating hydrology and flood control standards. Additionally, he wrote technical reports and performed numerous drainage and flood control studies.

17 Mike

LICENSES &

CERTIFICATIONS
DSA Certified Access Specialist
(CASp) 071
Master Code Professional
Certified Building Official
Building Plans Examiner
Residential Plans Examiner
Building Inspector, UBC
Plans Examiner, UBC
Plumbing Inspector, UPC
Mechanical Inspector UMC
Residential Electrical Inspector
Commercial Electrical Inspector
Combination Inspector Uniform Codes
Residential Energy Inspector
Plans Examination
Commercial Energy Plans Examination
Commercial Energy Inspector
Accessibility Inspector/ Plans Examiner
Building Inspector
Combination Inspector
Residential Combination Inspector
Fire Inspector 1
| ICC 5230795
Safety Assessment Program
| SAPC61387
FEMA IS-00700 National Incident
Management Systems
IACET First Responder Awareness
(Association of Bay Area Governments)
CA State Contractors License
| C-61D-28 688121
Structural Welder Certification Class
|E7018

EDUCATION
Associate of Arts Degree
General Education
Chabot College | Hayward, CA

PROFESSIONAL

AFFILIATIONS
CALBO Member of the Board of
Directors
Past President, ICC Yosemite Chapter
Education Chairman
ICC Yosemite Chapter
Member, IAEI Yosemite Division
Treasure, ICC Region 1
Founding Member, Certified Access
Specialist Institute – CASI
Brinkman CASp, CBO, MCP
Senior Plan Reviewer/Building Official
Mr. Brinkman is highly certified in multiple disciplines as a DSA Certified Access Specialist, a Certified Building Official and Master Code Professional. He has demonstrated his dexterity in enforcing a full range of state codes as well as specifications and standards. As a Master Code Professional, Mr. Brinkman has attained the highest level for certification standards within the International Code Council (ICC).

His work as a CASp professional involves many years of ensuring compliance with accessibility requirements in the California Building Code Title 24 and Americans with Disabilities Act. Mr.

Brinkman provides expertise to public agencies, homeowners, architects, developers and contractors in the development of plans, and reviews and comments on site-specific issues related to accessibility.

Mr. Brinkman is highly knowledgeable of complex residential and commercial buildings and structures and all stages of construction. As a project manager, he expertly advises all stakeholders on design, coordination and construction of projects, working with jurisdictional staff, engineers, architects, and homeowners to quickly move through the necessary processes and procedures to achieve successful completion. His extensive knowledge in enforcement of building, plumbing, electrical, mechanical and other codes as well as his keen understanding of necessary ordinances ensures proper construction and successful project delivery.

Mr. Brinkman is responsible for all building operations for many municipal building departments—planning, directing, supervising and coordinating all building department activities while maintaining customer service levels and positive public relations. He is active as a manager, trainer and instructor for personnel working in residential and commercial construction, plan reading and code interpretation.

RELEVANT CSG EXPERIENCE
Building Official/Building Inspector/Building Plan Check Engineer | Multiple Jurisdictions Mr. Brinkman currently provides contract building official, building inspection, and plan check services for CSG to the following jurisdictions:
 City of Patterson
 City of Gustine
 City of Hughson
 City of Firebaugh
 City of Los Banos
 City of Newman
 City of Escalon

NOTABLE PROJECTS
 Hampton Inn (City of Patterson)
 Flying J Travel Center (City of Patterson)

PRIOR EXPERIENCE
Building Official/Building Inspector/Building Plan Check Engineer | Multiple Jurisdictions Prior to working with CSG, Mr. Brinkman provided contract building official, building inspection and plan check services for the following jurisdictions:
 City of Hollister
 City of Watsonville
 City of Pacific Grove
 City of San Benito

NOTABLE ACCOMPLISHEMENTS
 Author of an ICC published book: Residential Building Inspection, A Step-by-Step Guide  CALBO Director (2019-Present)
 CTI Course Development Award (1016-2017 CALBO ABM)
 Two-term past President and current Treasurer of the Yosemite Chapter of ICC  Founding Treasurer of ICC Region I
 County Building Officials Association of CA (CBOAC) – Building Official of the Year (2018)

18 Miroslav

LICENSES &

CERTIFICATIONS
Structural Engineer
State of California | SE 3572
Civil Engineer
State of California | PE 40880
Building Official Certificate |BO, 2014
Building Plans Examiner Certificate
| B3, 2007
Commercial Building Inspector
Certificate
| B2, 2015

EDUCATION
MPA Degree, CSU Northridge
| Northridge, CA
BS, Engineering, CSU Northridge
| Northridge, CA
Certificate of Completion:

Building Plan Review,
Electrical Inspection,
Mechanical Inspection
|Orange Coast College/Coastline
College

PROFESSIONAL

AFFILIATIONS
Current Member of ICC and ICC Los
Angeles Basin Chapter
SEAOSC Member of Board of Directors
(2007/2008)
Member of SEAOSC Quality Assurance
Committee (2007-2009)
Member of ICC Los Angeles Basin
Structural Committee
Lhotsky SE, SBO, MPA
Senior Plan Check Engineer
Mr. Lhotsky brings expertise to CSG and its client agencies gained from more than 40 years of municipal building department and private sector experience. Most recently, Mr. Lhotsky served the City of Glendale Building and Safety division as Deputy Building Official, filling a crucial role after the unforeseen retirement of the existing Building Official during the COVID19 pandemic. Other notable agency experience includes inspection and plan review services with the Cities of Newport Beach and Santa Clarita. In addition to his public agency experience, he has also been highly successful in the private sector, having launched a successful career in structural engineering and building code compliance.

RELEVANT EXPERIENCE
Deputy Building Official | City of Glendale, CA
Under the direct supervision of Building Official, Mr. Lhotsky performed direct supervision and management of the plan check group that consisted of eight staff members. This included monitoring production, quality, and consistency of plan review—in addition to training, mentoring, and evaluating staff. In this role, Mr. Lhotsky’s functions also included:
 Complex code interpretations, review and approval of building code modifications.  Assisting staff with challenging plan reviews, resolving conflicts between customers and City staff.
 Acted as a liaison regarding policies and requirements with other departments to maintain a smooth flow of Building & Safety operations
 Monitored the creation and development of new Building & Safety information bulletins, standard plan check lists, and policy memorandums.

Acting Building Official | City of Glendale, CA
After an unforeseen retirement by the existing Building Official during the COVID-19 pandemic, Mr. Lhotsky assumed the role of Acting Building Official and was instrumental in maintaining division operations. Working under the direction of the division head and Permit Services Administrator, Mr. Lhotsky’s duties included the following:
 Directly supervised plan check group and indirectly supervised permit technician and inspection groups
 Assisted City Attorney’s office with City code enforcement cases and represented the City at depositions and in court as an expert witness
 Assisted City Attorney’s office and Planning Division with preparation of City ordinances for City Council’s review and approved implementations of policies related to SB 9 (lot splits, ADU ordinances and approval process), EVCS policy on fast-track approval, and SB 13 requested delay in enforcement.
 Collaborated with Sustainability Commission and City Attorney’s office to create the City’s first reach code requirement for all new buildings (including all electrification, increase in EVCS facilities and required photovoltaic systems on all new commercial and multifamily buildings).
 Supervising participant in City’s team for the implementation of a new land management software (EnterGov), and the integration of key City departments to establish the City’s first virtual permit services center.

Principal Building Code Specialist | City of Glendale, CA In this role, Mr. Lhotsky served as plan check supervisor and was responsible for front counter plan check operations that included four staff members. He also assigned projects, mentored/trained staff, resolved conflicts/disagreements, and monitored production/quality of plan checks and staff interactions.

Assistant Plan Check Engineer | City of Santa Clarita, CA As Assistant Plan Check Engineer, Mr. Lhotsky was responsible for the review of fire and life safety, accessibility, energy, and structural design compliance to the 2007 California Title 24 Codes, City ordinances, and policies.

19 Randy

LICENSES &

CERTIFICATIONS
Professional Mechanical Engineer
State of California | #37959
ICC Certified Mechanical Plans
Examiner

EDUCATION
Bachelor of Science, Mechanical and
Aeronautical Engineering, University of
California, Davis | Davis, CA
Brumley PE
Principal Plan Check Engineer
Mr. Brumley is a Senior Plan Check Engineer and will be providing mechanical, electrical, and plumbing plan review for CSG and its clients. He has over 20 years of engineering experience.

He is an innovative problem solver with extensive experience in complex industrial products, creative design, and development. To this role he brings expertise in design engineering and integration, and excellent interpersonal and communication skills.

CSG EXPERIENCE
Mr. Brumley has provided plan check reviews for the following agencies CSG serves:
 City of Sacramento
 City of Stockton
 City of South San Francisco
 City of Paso Robles
 County of Monterey

PRIOR EXPERIENCE
Mechanical Plans Examiner | Consulting Firm, Roseville, CA As a Mechanical Plans Examiner, Mr. Brumley performed building plan examinations to ensure commercial and residential building projects complied with Federal, State, and local rules, laws, and regulations. He provided technical expertise for mechanical, plumbing, energy, and green codes. Mr. Brumley also acted as an instructor for building officials, plans examiners, and inspectors for local chapters and established positive relationships with local agencies, City staff, and the public.

Mechanical Engineer | California Energy Commission, Sacramento, CA Mr. Brumley reviewed, evaluated, and verified the Acceptance Test Technician Certification Provider (ATTCP) applications. He conducted oversight of approved ATTCPs and their programs to ensure continued compliance with Title 24 for the installation and maintenance of mechanical systems for nonresidential buildings. He also worked within a team to develop program requirements, refined acceptance test procedures and updated building energy efficiency standards.

Senior Engineer | Aerojet Rocketdyne, Rancho Cordova, CA Mr. Brumley provided technical expertise for industrial product development. He managed project scope, schedule, and quality while concurrently controlling costs to meet budget requirements. He directed a multi-discipline team of engineers including mechanical, composite, electrical, manufacturing, systems, and testing.

Mr. Brumley also served as Lead Designer Engineer for warhead applications. He maintained design performance requirements and trained and mentored colleagues.

Project Engineer | Aerojet Rocketdyne, Rancho Cordova, CA Mr. Brumley handled product design and user interfaces, analyzed components, reviewed design merits, and reverse-engineered componentry. He reviewed manufacturing assembly processes and coordinated with Quality Assurance and Production teams to ensure production requirements and standards were met. He successfully integrated newly acquired company product lines and reduced manufacturing costs by developing and testing joint bearing strength panels.

Composite/Design Engineer | Aerojet Rocketdyne, Rancho Cordova, CA Mr. Brumley designed composite pressure vessels and containers for industrial and military use and worked with composite materials. He ensured on-time delivery of test hardware by providing versatile engineering support and reduced tool manufacturing costs. He also improved structural analysis efficiency and time savings by designing and developing graphic user interfaces in Excel.

20 Phiroze

LICENSES & CERTIFICATIONS
Professional Structural Engineer
State of California | 2020
Professional Civil Engineer
State of California | 20042
Professional General Building Contractor
State of California | 5021918
LEED Accredited Professional

EDUCATION
M.S.C.E, Structures and Soil Mechanics
University of Illinois | Urbana, Il
M.B.A, Management
Golden Gate University |
San Francisco, CA

PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers
Structural Engineers Association
of California
Earthquake Engineering
Research Institute
Applied Technology Committee
International Code Council
Wadia SE, LEED AP
Principal Structural Engineer
Mr. Wadia is a plan review engineer for CSG. He has over 40 years of experience in plan review, design and construction of residential, commercial, industrial and civil engineering projects. Mr. Wadia has expertise in the delivery of a wide range of municipal services, including:
 Plan review
 Encroachment permit application review including grading, structural, drainage and erosion control permits
 Code enforcement
 Enhancing and developing new and existing City ordinances  Supervising renovation, rehabilitation and restoration of bridges  Inspecting buildings and structures for structural integrity and condition  Investigating structural failures and inspecting repairs

RELEVANT EXPERIENCE
Plan Review Engineer | Consultant to City of Larkspur, City of Sausalito, Town of Ross, Town of San Anselmo, CA
Mr. Wadia performed a variety of services including plan and encroachment permit application review, inspection, code enforcement, and enhancing and developing existing and new city ordinances.

Associate | Skidmore, Owings & Merrill, San Francisco, CA Mr. Wadia worked closely with multidisciplinary teams on building designs from concept through construction. He led structural engineering projects performed seismic inspections, evaluations, and retrofits of existing facilities.

Chief Engineer | Bechtel, San Francisco, CA
As Chief Engineer, Mr. Wadia was responsible for leading a group of over 200 technical personnel including architects, structural engineers, civil engineers and designers. His work included establishing standards, reviewing technical quality, recruiting, and establishing training programs.

NOTABLE PROJECT EXPERIENCE
Apple Park (Campus II) | City of Cupertino, CA
Mr. Wadia provided on- and off-site plan review for multiple new structures that are part of the Apple Campus 2 Development. Plan review included foundation, shell, and tenant improvements for the new structures.

Nueva School | City of Hillsborough, CA
Mr. Wadia performed plan review on various phases of the Nueva School. The project included various site improvements, remodeling of existing buildings, and pre-manufactured and modular buildings.

Maple Street Correctional Center | City of Redwood, CA
Mr. Wadia performed building plan review for the 276,000 sq. ft. replacement correctional facility. The new facility is located on a 4.85-acre site, is utilizes primarily steel frame construction, and contains three general areas including housing, support services, and a central utility plant.

21 Andrew

LICENSES &

CERTIFICATIONS
Chief Building Official
Building Plans Examiner
Commercial Combination Inspector
Combination Inspector
Building Inspector
Plumbing Inspector
Mechanical Inspector
Electrical Inspector | ICC 858608
ASFM Certified Floodplain Manager
NFPA Certified Fire Protection Specialist
Cal OES Safety Assessment Program –
Certified Trainer

EDUCATION
Bachelor of Science
Industrial Technology – Management:

Construction/Architecture Focus |
California Polytechnic State University,
San Luis Obispo

PROFESSIONAL

AFFILIATIONS
CALBO: Board of Directors
Structural Engineers Association of
California (SEAOSC)
Ventura Community College Instructor –
International Code Courses
CALBO Emergency Preparedness
Committee – Chair
ICC Means of Egress (IBC-E) Code
Change Committee Member – Multiple
Code Cycles
NFPA 5000 Technical Committee
Member – Multiple Code Cycles
AIA Local Chapter (AIASB) Net Zero
Energy Committee Member
Stuffler CBO
Senior Plans Examiner
Andrew Stuffler offers expertise gained from over 30 years of municipal building department experience. After an early career as a construction superintendent and general contractor, he served the City of Santa Barbara for over 17 years in multiple roles, most recently serving as Chief Building Official. He held similar roles with the City of Ventura including 7 years as the Chief Building Official.

A respected industry leader, Mr. Stuffler also currently serves on the CALBO Board of Directors and is an active member of numerous other industry organizations. Mr. Stuffler was recognized in 2021 as Building Official of the Year by the SEAOSC and has received an ICC Leadership Award for his Post-Disaster Safety Assessment Program.

RELEVANT EXPERIENCE
Chief Building Official | City of Santa Barbara, CA
Mr. Stuffler served in roles of increasing responsibility during his 17 years of service to the City of Santa Barbara. Most recently serving as Chief Building Official, Mr. Stuffler also worked in roles of increasing responsibility from Plans Examiner to Supervisor of Permit Counter, Records/Archives, Code Enforcement, Inspection, Flood Plain Management, and Plan Review.

Chief Building Official/Fire Marshal | City of Ventura, CA During his 12 years with the City of Ventura, Mr. Stuffler served in a variety of capacities including Chief Building Official, Fire Marshal, and Floodplain Manager.

Plans Examiner | County of Pierce, WA
Mr. Stuffler served as a Plans Examiner for the Count of Pierce for 6 years.

Plans Examiner/Inspector/Educator | Commercial Plan Review Services, WA Mr. Stuffler owned, managed, and provided plan review services, inspection, and training services.

Construction Superintendent | The Sunrise Company & Triad Pacific Development, CA Mr. Stuffler began his career in the construction industry as Construction Superintendent for a general contractor.

22 Annette

LICENSES &

CERTIFICATIONS
ICC Plans Examiner
ICC # 8018477
Engineer-In-Training
State of California
EIT# 130173
Certified Access Specialist
CASp-538

EDUCATION
Bachelor of Science
Civil Engineering
California State University, Fresno
Fresno, CA
Mayfield EIT, CASp
Plans Examiner
Ms. Mayfield has joined CSG as a Certified Plans Examiner with over fifteen years of experience serving multiple jurisdictions throughout the State of California. She approaches plan review with unique knowledge while balancing the delivery of timely and accurate reviews and remaining responsive to and approachable by the public.

RELEVANT EXPERIENCE
Principal Plans Examiner | CSG Consultants, Inc.

Ms. Mayfield has performed plan check services for various CSG clients, including, but not limited to the following:
 City of Sunnyvale
 City of Mountain House
 City of Gilroy
 City of Newman
 City of Hughson
 City of Delano
 City of Sanger
 City of Sacramento
 City of Elk Grove
 City of Stockton
 City of Monterey
 City of Watsonville
 City of Paso Robles
 City of Arroyo Grande
 City of San Luis Obispo
Plans Examiner | Interwest Consulting Group
As a Plans Examiner for Interwest Consulting Group, Ms. Mayfield’s work included life safety reviews for high profile projects like the Sacramento Criminal Courthouse, Sacramento Republic Soccer Stadium, as well as the $1.3 billion-dollar 2020 UC Merced Campus Expansion.

Plans Examiner | NAFFA International
Ms. Mayfield has experience performing life-safety, architectural, mechanical, plumbing, electrical, accessibility and structural reviews in residential, multifamily, and commercial projects, including specialty reviews of OSHPD 3 licensed clinics, high-rise buildings, industrial facilities, hotel/motels and residential care facilities. This experience is also evident in working directly with applicants, designers, and jurisdictions, having successfully served numerous jurisdictions throughout the state of California.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: TRANSIT GAS VAN FOR PUBLIC TRANSIT OPERATIONS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the purchase of one 2024 Ford Transit 350 gas-powered van from AZ Bus Sales in the amount not to exceed $102,000 through the CalACT cooperative purchasing program, with the intent to fund the purchase using TIRCP/ZETCP transit grant funds or, if ineligible, through Transportation Development Act (TDA) funds.

BACKGROUND
The City of Shafter’s public transit fleet currently relies heavily on electric vehicles (EVs) acquired through state and federal grant programs. While these EVs have supported sustainability goals, they have proven to be unreliable in daily operations. Most critically, the vehicles’ air conditioning systems consistently fail to perform under extreme summer temperatures in the San Joaquin Valley, presenting a substantial risk to rider safety—particularly for elderly and health-vulnerable passengers.

The City urgently needs to supplement the fleet with at least one gas-powered transit van to provide a safe and reliable transportation alternative during the summer. The requested van, a 2024 Ford Transit 350, includes a wheelchair lift, dark-tinted windows, seating for up to 8 passengers (plus driver) and 2 wheelchair positions. It is compliant with ADA specifications and is ready for delivery within approximately four weeks— before peak summer heat conditions escalate further.

AZ Bus Sales currently has this van in stock under the CalACT Cooperative Purchasing Program (Contract RFP #20-01), which allows the City to bypass a formal bid process while remaining compliant with procurement requirements.

FISCAL IMPACT
The total cost of the van is $99,935, inclusive of vehicle base, ADA equipment, published and non-published options, tax, tire fees, documentation fees, and the CalACT program fee.

Staff intends to pay for the purchase using funds from the Transit and Intercity Rail Capital Program (TIRCP) or Zero-Emission Transit Capital Program (ZETCP), pending

TRANSIT GAS VAN FOR PUBLIC TRANSIT OPERATIONS
- 2 -
final grant eligibility confirmation. If the gas vehicle is deemed ineligible under current zero-emission program guidelines, the purchase will be funded through available TDA allocations. There is no impact to the General Fund.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval to purchase one transit vehicle and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. 250606 City of Shafter - 23C212 In-Stock Ford Transit with Wheelchair Lift

MBTA CalACT Cooperative RFP #20-01 23C212
Quote Date 6/5/2025
336 Pacific Ave County: Expires 7/5/2025
Shafter Zip Code:

Roger Sánchez Ruiz Phone: DSI Account:
[email protected] Fax Number
Cole Crockett Type Class V - CalACT
QTY Contract Price ADA ADA
NOR CAL VAN , TYPE V Ford Transit 350 (Y/N/P) AMT
1 Shift n Step
1 Sub-Total Base Unit $ 73,725.00 P 19,814

PUBLISHED OPTIONS
1 Lug Wrench ~ Included INCL n 0
7 Grey/Black Vinyl per seat ~ Included INCL - n 0
1 3.5 L Engine Included INCL n 0
1 Body Color ~ White (Included) INCL n 0
1 Shift n Step with Braun 800# Lift $ 11,007.00 11,007.00 y 11007 2 Double Folding Seats (Included) INCL y 0
1 $ 246.00 246.00 n 0
1 Sub-Total Published Options 11,253.00

NON PUBLISHED OPTIONS
1 745.00 745.00 n 0
1 INCL - n 0
1 INCL n 0
1 350.00 Waived n 0
1 INCL n 0
1 1,320.00 1,320.00 n
1 475.00 475.00 y 475
1 980.00 980.00 y 980
1 5,850.00 5,850.00 y 5850
1 Sub-Total Non-Published Options 9,370.00 38126.11

SUMMARY

SPECIFICATION SUMMARY
1 Model Year 2024 Make: Nor Cal Van Wheelchair Lift Model: Braun 1 Type: Ford Transit 350 Chassis: Ford Transit 350 Mid Roof Wheelchair Lift Location Shift n Step 1 Passenger Capacity: 8 Passenger Seats 2 WC Wheelbase: 148" Number of Tie Downs: 2 1 Seat Fabric: Freedman Vinyl Engine: 3.5 V-6 Alternator: Ford 220 AMP 1 Air Conditioning System: OEM GVWR: 9,250 Tie Down Type Q'Straint 1 Exterior Color/Graphics: White Addtl Terms: Non-Binding until 6/20/25 Estimated Delivery: 15-20 Days Contact:

Chassis, Ford Transit 350, 148' W/B"
Email Address:

Sales Representative
Option Description
Ford Transit 350 7 Pass + Driver / 2 Wheelchairs
Delivery Zone 1
Additional Battery
Ford Transit 350, Mid Roof
Customer: City of Shafter
Address:

City
Tint on Passenger Windows, Dark
Power Door and Install
AM/FM/CD w/ Bluetooth ~ Included
Spare Tire (Mounted underbody, aft of rear axle)
Additional Key/FOB (3 Total Sets)
Black Powder-Coat Aluminum Step Running Boards for Co-Pilot and Passengers Rear View Camera in OEM Dash Area - Included
Lift Pad Cover for WC Lift

MBTA CalACT Cooperative RFP #20-01 23C212
Quote Date 6/5/2025
336 Pacific Ave County: Expires 7/5/2025
Shafter Zip Code:

Roger Sánchez Ruiz Phone: DSI Account:
[email protected] Fax Number
Cole Crockett Type Class V - CalACT
QTY Contract Price ADA ADA
Contact:

Email Address:

Sales Representative
Option Description
Ford Transit 350, Mid Roof
Customer: City of Shafter
Address:

City

SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 1
1 1
1 1
1 1
1 CONTRACT PRICING SUMMARY
1 Base Unit as Specified 73,725.00
1 Doc Fee 80.00
1 Published Options 11,253.00
1 Non-Published Options 9,370.00
1 Sub-total per Unit 94,428.00
1 ADA Portion 38,126.11
1 Taxable amount on which tax is collected 56,301.89
1 Sales Tax on taxable amount 4,081.89 7.250% Shafter
1 # of Tires: 5 State Tire Tax 8.75
1 CalACT Basin Transit Fee of 1.5% on the subtotal 1,416.42 1 Grand Total, Each 99,935.06
1 Qty 1
1 Grand Total 99,935.08
1 Signature Date
Print Name

COMPANY/AGENCY
Cole Crockett
Print Name
N. Cole Crockett
Signature

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Michael James, Public Works Director
SUBJECT: WATER HEATER PROGRAM AGREEMENT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; ratify the Public Works Director’s execution of the Program Participation Agreement with Willdan Energy Solutions for the replacement of up to seven water heaters at City facilities through the PG&E Government/K-12 Program; and authorize the Public Works Director to take all necessary steps to complete the work in accordance with the program requirements, including coordination of permitting, inspections, and any demand response participation decisions at a later date.

BACKGROUND
Public Works Staff was made aware of a program offered through Pacific Gas and Electric (PG&E) to have existing water heaters replaced free of charge. The "Government/K-12" program is administered by Willdan Energy Solutions (Willdan), which performs replacements on a first-come, first-served basis. A Willdan representative inspected existing water heaters at multiple City facilities, including the Corporation Yard, Veterans Hall, Police Department, and Animal Control, and later submitted a Program Participation Agreement that proposes up to seven replacements valued at $52,684. Because the program had the potential to be fully-committed if prior Council approval was issued, the Public Works Director executed the agreement to ensure the City can take advantage of this opportunity.

The new water heaters will be electric-powered. While heaters powered by natural gas can cost less to operate, replacing the heaters outside this program with no financial assistance will burden multiple departments with considerable upfront costs, plus they are considered safer without the potential for natural gas leaks. Proactively replacing the heaters through this program will ensure there is no long-term service disruption with a replacement, as well.

FISCAL IMPACT
The PG&E Government/K-12 program for water heater replacements is free of any upfront charges to the City.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval to enter into a program participation agreement to

WATER HEATER PROGRAM AGREEMENT
- 2 -
replace water heaters at City buildings and facilities. Therefore, it is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Program Participation Agreement Provided by Willdan Energy Solutions

May 20, 2025
Michael James
Public Works Director
720 Commerce Way
Shaffer, CA 93263
Dear Michael,
Please accept this letter as a commitment offer for the incentive quotes on behalf of PG&E Government/K-12 program as administered by Willdan Energy Solutions.

The table following this cover letter presents the project financials for each site that we assessed. This table also includes the incentive funds that PG&E, through Willdan as Program Administrator, has committed to this project. This letter reserves those funds on a first come first served basis. Please let me know if there is an expected delay in signature approval as funding is limited.

The GK12 program will be managing your work 4 different projects – to be reported to PG&E on completion. The enclosed Program Participation Agreement governs each of those projects individually.

GK12 is funded by the California Ratepayer and has limited funding for your project to keep it no/low cost. By accepting this project the signing agency (Participant) acknowledges and agrees to the following:

1. Participant, as applicable, will support navigating the permitting process.

2. Participant will, as applicable, facilitate setting permitting expectations for the GK12 program scopes made part of this Program Particpation Agreement.

3. GK12 has budgeted $500.00 per permit. Should per project permitting costs exceed $500.00, the program reserves the right to (a) cover the cost or (b) pass the cost back to your agency should the total cost of the install exceed our program budget for the work.

4. Participant agrees that changes in permitting requirements and expectations, from permit issuance to permit closure will not occur. Should they occur, Participant agrees to waive or cover any additional permitting costs associated with special inspections or after-the-fact engineering expectations that exceed the budgeted $500.00 noted in item 3 above.

5. Participant understands that clear expecations regarding permitting, as applicable, prior to installation, will mitigate challenges during permit closures.

6. Participant understands that the project scopes are limited to actions that must be taken to install a Heat Pump Water Heater.

7. Participant understands that upstream or downstream plumbing issues may arise due to the temporary shut-off of hot-water. Examples include but are not limited to failing o-ring and gasket failures.

8. The program will in good faith, support the resolution of such issues noted in item 6 and 7 above; additional funding to address upstream and downstream issues not associated with the scope will be considered on a case-by-case basis.

9. The agency has reviewed the scope and understands the recommendations by the GK12 program, potential changes in facility functional use or forecasted changes in occupancy, and that the presented scope is acceptable for current and forecasted use.

10. GK12 will not be responsible for a lack of hot water should the space’s functional use change or should occupancy levels increase after the installation.

11. The Participant, will in good faith, promptly communicate with GK12 staff should any concerns arise to ensure the program can rapidly resolve the stated issue.

12. Allow PG&E to perform a post-installation inspection, if they request it.

Should you agree to move the project forward, our subcontractor will be responsible for the pulling and closing of building permits. A Willdan representative may periodically be onsite to oversee our subcontractor.

If there are any questions, please contact me.

Thank you in advance for participating in the PG&E Government K-12 Program.

Sincerely,
Lou Jacobson
Willdan Energy Solutions
cc: Tom Kouris

City Hall Police
Department
Facility Group
Bathroom
Transportation
Area Bathroom Auto Shop Veteran's Hall Back Custodial
Closet
Cutodial
Closet Kennel Area
Existing WH 30 Gal Electric 30 Gal Electric 30 Gallon
Heat Pump
40 Gal Gas 40 Gal Gas 50 Gal Gas 40 Gal Gas
Proposed Replacement 50 Gallon Heat
Pump
50 Gallon Heat
Pump
50 Gallon
Heat Pump
50 Gallon
Heat Pump
50 Gallon Heat
Pump
50 Gallon Heat
Pump
50 Gallon Heat
Pump
Base Cost $7,692.00 $7,692.00 $7,692.00 $7,692.00 $7,692.00 $7,692.00 $7,692.00 $53,844.00 Add On: Electrical Run $0.00 $0.00 $0.00 $720.00 $0.00 $90.00 $90.00 $900.00 Add On: Door Vent $0.00 $0.00 $0.00 $600.00 $600.00 $0.00 $0.00 $1,200.00 Add On: Labor $0.00 $150.00 $0.00 $0.00 $0.00 $0.00 $150.00 $300.00 Reduction: Elect to Electric -$1,420.00 -$1,420.00 -$1,420.00 $0.00 $0.00 $0.00 $0.00 -$4,260.00 Add On: Travel $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $700.00 Total $6,372.00 $6,522.00 $6,372.00 $9,112.00 $8,392.00 $7,882.00 $8,032.00 $52,684.00 PG&E Incentive $6,372.00 $6,522.00 $6,372.00 $9,112.00 $8,392.00 $7,882.00 $8,032.00 $52,684.00 Net Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Public Works Corp Yard Animal Control
COSTS
Total
City of Shafter

Site Information
Site or Building Name: Site Contact Name: Site Contact Phone: Site Contact Email:

Site Address (if multiple, provide full list in an attachment): Mailing Address:

Incentive Payment - If Incentives Apply. Payee Must Have W-9 On File With The Program.

Make Incentive Payable To: Payee Type: Notes (Attention To, etc.):

Incentive Mailing Address: State: Zip Code: Telephone:

Thank you for participating in Willdan’s Government and K-12 Schools Program. Follow the 3 steps below to get started.

Step 1: Submit this PPA and pre-installation application to Willdan before commencing installation of energy efficiency measures
Step 2: Willdan (“Implementer”) will review the application and issue a Notice to Proceed (NTP)
Step 3: After receiving a NTP, proceed with the installation of measures and then submit the post-installation application (includes Project Certification Form, invoices, calculations, photos, cut sheets, and W-9 form) PG&E Account Information
Account Holder Name: Estimated Total Project Cost: Estimated Total Incentive1 Interval Meter? (Y/N): :

Electric Service ID#: Gas Service ID#: Estimated Project Completion Date:

Project Estimates
Measures - From Project Feasibility Study
EEM NO. Measure Description
Electricity
Savings (kWh)
Demand
Savings (kW)
Gas
Savings (Therms)
Program representatives have developed detailed calculations for proposed measures using industry standard tools, including building modeling software as required. All measures included as part of this program participation have been screened for cost-effectiveness eligibility through a TRC analysis.
1 See terms & conditions sections 9 & 11: funds are subject to change, first-come, first-served and are not guaranteed.

Program
Participation
Agreement
City of Shafter Michael James (661)746-5004, ext. 5018 [email protected] Multiple (see attached) 336 Pacific Ave Shafter, CA 93263 Willdan Energy Solutions Partner Accounts Receivable 2401 East Katella Ave. Ste. 300, Anaheim, CA 92806 800-424-9144 City of Shafter N/A $52,684.00 $52,684.00 TBD 1 (7) 50-gallon heat pump water heaters -33,527 6,494Page 177 of 562 Customer agrees to implement its Project at the designated property (Site) in accordance with these Program Participation Agreement (Agreement) terms and conditions (Terms).

1. AUTHORITY. Customer represents and warrants it has the Project Site owner’s permission to implement the Project and comply with these Agreement Terms.

2. ELIGIBILITY. Projects for a custom, deemed, retro-commissioning, or NMEC project must be implemented at a non-residential site that is considered a local government, local educational agency, or federal agency. Services outside of these sectors must be approved in writing by the PG&E Program Manager. The project’s meter must be charged the public purpose fund surcharge, and the Project measures(s) must not have been replaced within the last 5 years and must meet all other eligibility requirements as may be required by PG&E.

3. PROGRAM REGULATORY AND MANUAL RULES. Project implementation is subject to all applicable California Public Utility Commission (CPUC) regulatory mandates and the Program’s rules and policies, which may change without notice. Rules include: all relevant CPUC actions including but not limited to decisions, dispositions and advice letters, GK12’s program implementation plan and, PG&E policies, procedures and Platform Rulebook. Individually and collectively, these are referred to as the Program Manual rules.

4. PROJECT WRITTEN APPROVAL. Projects that require Implementer’s or PG&E prior written approval as required in the Program Manual Rules, require Customer to not remove any existing equipment/systems, pre-order, purchase, or install any measures or equipment for their Project, until receiving such written approval to avoid disqualification.

5. INSTALLER AND MEASURE INSTALLATION. Customer is solely responsible to obtain all qualifying measure equipment required to implement their Project, to select, contract with, and pay (which Customer can assign their qualifying incentive) an appropriately licensed Installer to install and make operational the Project measure(s). PG&E and Implementer: (a) will not supervise, oversee, perform any background checks, or have any control over the Installer performing the Project measure installation; (b) will not acquire or purchase any qualifying measures for the Project or provide any such related equipment or product warranties of any kind; (c) will not solicit installation bids, prepare or evaluate the Project’s design or engineering needs and (d) and will not be responsible for any other Installer or measure fees or costs for the Project. The liability related to these issues is solely between the Installer and the Customer. Customer must contract separately with an Installer to perform as required under this Agreement, any installation or construction for their Project measures approved to be eligible to receive any Program Customer Incentive.

6. MEASURE INSTALLATION LAW COMPLIANCE. All Project measure installations to qualify must comply with federal, state, and local laws, safety requirements and applicable manufacturer and product instructions to be eligible for incentives.

7. MEAUSRE QUALIFICATION. Equipment leased, rebuilt, resale products, received from warranty or insurance, exchanged, or won as a price; new parts installed in existing equipment, are not eligible to be used for project measure qualification. Qualified product must meet GK12’s minimum qualification standards and governing custom or statewide workpaper requirements.

8. PROJECT PERMITS. Customer is responsible to obtain and pay for any required permits to implement their Project when using internal labor or a non-program installer. Customer will support and guide permitting for projects utilizing program implementing parties (contractors).

9. PROJECT OPERATIONAL DUE DATE. Projects must be completed and fully operational no later than one (1) year from the execution of the Program Participation Agreement. Projects that are delayed beyond the one-year threshold must receive a written extension by the GK12 Program Manager.

10. PROJECT OR SITE CHANGES. Any material change during or after the Project implementation or to the Site impacting the Project’s energy saving benefits due to occurrences of non-routine events (i.e., required use of additional heating and cooling loads, modified operating hours), Customer will promptly provide Implementer written description of these circumstances.

11. PROJECT DESIGN AND FEASIBILITY. PG&E may review but has no responsibility or accountability for the Project’s design, construction, installation, or maintenance nor does such review constitute any PG&E guarantee or representation as to the Project’s economic, technical, or operational capability for any of the measures installed.

12. PROJECT SITE ACCESS. Customer agrees to provide or procure for the Implementer, PG&E, the CPUC, and their representatives Project Site access to perform Project administration and/or implementation requirements to include, but not limited to, inspection of pre and post measure installation, calculation and verification of Project baseline and actual performance energy saving measurements, etc.

13. SAFETY. If at any time during the Customer’s participation in the Program and/or implementation of their Project, PG&E or Implementer, in their sole discretion, determines any Site conditions, Project implementation, or Program participation creates or may potentially create an unsafe situation or may adversely impact the reliability to provide electric or gas service to the Site, PG&E or Implementer shall have the right to suspend Customer’s Project implementation until such time as PG&E or Implementer determines, these unsafe conditions are satisfactorily resolved and safety restored.

14. CUSTOMER INCENTIVES. Incentives come from California ratepayers funding and is made available under the Program on a first-come, first-served basis until such funding is depleted or as otherwise directed by the CPUC. Incentives may not exceed Project costs or the energy savings that exceed the actual annual amount of the electricity usage recorded at the Project’s meter.

15. CALCULATION OF THE PROJECT INCENTIVE. Project incentives are paid based on the Project’s completed and actual verified energy savings. Stated Project incentives, energy savings projections and installation costs on the Custom Project application are estimates only and may very when verified. Implementer and PG&E will validate the Project’s baseline energy measurements, verify the actual energy savings, and determine the Project’s incentive payment to align and comply with the Program Manual Rules and these terms.

16. WORKFORCE STANDARDS AND INCENTIVES FOR HVAC AND LIGHTING CONTROL MEASURES. Projects that receive an incentive for non-residential heating, ventilation, and air conditioning (HVAC) measure exceeding $3,000 and/or for lighting control (LC) measure exceeding $2,000, prior to these measures being installed, modified, or maintained, each technician rendering such work is required to provide their applicable qualification documentation and must have for at least one of the following: (a) Completed an accredited HVAC apprenticeship. (b) Is enrolled in an accredited HVAC apprenticeship. (c) Completed at least five years of work experience at the journey level according to the Department of Industrial Relations definition, Title 8, Section 205, of the CA Code of Regulations, passed a practical and written HVAC system installation competency test, and received credentialed training specific to the installation of the technology being installed. (d) Has a C-20 HVAC contractor license issued by the CA Contractors State Licensing Board; and for LC Measures the person doing the work must produce an installer certification from the CA Advanced Lighting Controls Training Program.

17. CUSTOMERS WITH SELF GENERATION CAPABILITIES. Customers with existing co-generation or self-generation system at the Project Site, the Project incentive is limited to the previous 12-month energy usage (kW, kWh and Therms) purchased from or delivered by the utility

providing services on the Project’s meter(s).

18. PROJECTS WITH NON-PG&E ENERGY SUPPLY. Non-PG&E supply, i.e., generation or deliveries from another commodity supplier, these Project incentives will be solely determined by PG&E based only on the energy savings reflected on the electric grid or natural gas system.

19. NO DOUBLE DIPPING. Customer represents they have not received within the last five years and will not apply for five years from the date of this Agreement, to acquire any energy saving incentives or rebates offered by PG&E, other California energy saving programs using the Customer’s Project or measures implemented under this Agreement.

20. ENERGY BENEFITS AND INCENTIVE DISQUALIFICATION. Project incentives are provided in consideration of PG&E Ratepayers receiving 100 percent of the completed Project’s life energy savings benefit or 5 years, whichever is less. For Projects that do not satisfy this energy savings benefit, Customer and the Program implementer shall be responsible to refund PG&E the prorated amount paid for such energy savings benefits not realized. This amount due, if any, will be off set against any incentives or payment due or such amount shall be payable within 30 days of notification.

21. PROJECT CERTIFICATIONS. Customers receiving incentives for Projects that involve receiving Incentives for energy efficiency measures must submit a written certification as required in CA Public Utilities Code Section 399.4 b (1) and (2) which states in relevance; “prior to receiving any Project Incentive payment, the recipient of the Incentive must certify the Project is complete and complied with applicable permitting and licensing requirements, any contractor performing the such work was a licensed contractor”. For HVAC Project measures, proof of the HVAC permit closure must also be provided with the required Project Certification.

22. PROJECT COMPLETION DOCUMENTATION. Prior to issuing a Project Incentive payment, all applicable Project documentation required under these Terms and in the Program Manual Rules must be provided by the Customer, i.e., paid invoices, supplier name, address, phone, itemized listing of products, quantity, manufacturer and model number, Project Certifications, HVAC Permit closure evidence, final engineering calculations, schematic drawings, and related documentation as requested by PG&E that substantiates the Project’s energy savings result and compliance with these Terms.

23.TERM AND TERMINATION. This Agreement is effective upon the Customer’s signature and expires upon PG&E receiving the Project’s energy savings benefits as defined in term 20, unless terminated sooner. Customer’s breach of its obligations under these Terms, or upon directive by the CPUC, may result in the Agreement’s termination. Implementer nor PG&E will be liable for any damages or claims arising from such termination. Except as otherwise expressly stated, Customer or Implementer may terminate this Agreement for any reason upon 15 work days with written notice.

24. CPUC RIGHTS. The CPUC is authorized to modify Program requirements at any time. All Customer Data and Project details, results, reports, energy usage data, or other identifiable information, shall be made available to the CPUC upon request.

25. RELEASE OF CUSTOMER DATA. Customer consents to Implementer and PG&E collecting, using, processing, storing, copying, and making the same available to other California Investor Owned Utilities (IOUs) for Statewide programs, the Customer’s personal identifiable information, energy usage data, account number, billing data, documentation, other Project data, collectively (Customer Data), only as required to implement the Customer’s Project and comply with the CPUC administrative and compliance requirements, the Program Manual Rules and these Agreement Terms.

26. NO WARRANTY AND DISCLAIMER. PG&E MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH

RESPECT TO QUALITY, SAFETY PERFORMANCE, OPERATIONAL CAPABILITY, RELIABILITY OR ANY OTHER ASPECT OF ANY DESIGN,

SYSTEM, OR EQUIPMENT INSTALLED RELATED TO THE PROJECT AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION WARRANTY OR LIABILITY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES.

27. CUSTOMER PROJECT DATA OWNERSHIP. Customer’s Project information, including the Customer Data obtained and developed in accordance with this Agreement shall be owned by PG&E and used for PG&E internal business purposes and no further consideration other than Project incentive will be paid. PG&E will not publish any identifiable Customer Data absent the Customer’s written consent.

28. NO OBLIGATION. California consumers are not obligated to purchase any full-fee service or other service not funded by this Program.

Program incentives are funded by California utility ratepayers under the auspices of the CPUC. Los consumidores en California no estan obligados a comprar servicios completes o adicionales que no esten cubiertos bajo este programa. Este programa a esta financiado por los usuarios de servicios publicos en California bajo la jurisdicci6n de la Comisi6n de Servicios Publicos de California (CPUC).

29. MISREPRESENTATION. Project information provided must be accurate and if determined fraudulent or misleading the Project Incentive will be disqualified.

30. LIMITATION OF LIABILITY. PG&E shall not be liable for any costs resulting from the Project’s estimated versus actual energy savings, savings not materialized, cancellation or cost increase(s), fees, claims, or other charges for any reason arising from or related to a Program’s Project implementation. In no event shall Implementer, Customer, or PG&E be eligible for special, incidental, lost profits, or consequential damages because of this Agreement.

31. ADVERTISING AND NAME USAGE. Implementer and Customer agree not to use each other’s name, PG&E’s name, or Customer’s Project Site identifying characteristic in any published materials absent the appropriate written approval.

32. ASSIGNMENT. Customer may not assign their rights or obligations under this Agreement, absent Implementer’s written consent.

33. PROJECT SITE SALE/TRANSFER. Customer will seek the necessary permission to enable assignment of this Agreement if the energy benefits are not fully realized, in the event of a sale of the Project Site or transfer to another Site Owner or Customer.

34.TAX LIABILITY. The receipt of any Project incentive or rebate may result in taxable income. Incentive tax reporting is between the Implementer and the Customer.

35.TOXIC MATERIALS. PG&E and Implementer shall have no responsibility for the discovery, exposure, presence, handling, removal, or disposal of hazardous materials of any kind related to implementing the Project, including without limitation, asbestos, PCBs, or other toxic substances.

36. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California.

Customer Signature
Customer acknowledges and agrees that Customer is eligible to participate and receive any Program incentives. Customer has reviewed and agrees to be legally bound by the attached Program terms and conditions which includes, but is not limited to, not removing any existing equipment or systems and/or purchasing or installing any Project energy efficiency measures, until Customer receives a written Project Approval.

Customer Representative (print) Signature Date
©2023 Willdan Government and K-12 Program
“PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2021 Pacific Gas and Electric Company. This energy efficiency program is funded by California utility customers and administered through PG&E under the auspices of the California Public Utilities Commission. The program is implemented and managed by Willdan and their authorized representatives. “PG&E” is a registered trademark of PG&E Corporation. PG&E is not responsible for any other content, names or marks in these program materials.

PPA-C22549-0121
To be completed if measure application type is Accelerated Replacement (AR) Per CPUC Resolution E-5515, all AR Projects require the customer or an authorized representative of the customer to sign the below customer affidavit statement.

I, ,hereby certify that I am authorized to make this declaration as the Customer or as an authorized representative of the Customer, .By signing below, I certify the existing equipment being replaced to the best of my knowledge is in working order. I acknowledge misrepresentation of this claim will result in a rejection of all or part my Project’s participation in the Program and may be required to return all or part of the incentive(s) I received according. I understand a misrepresentation may also result in my participation in this Program and/or any California ratepayer future energy savings program participation and projects being disqualified, on probation or suspended.

Customer Affidavit for Accelerated Replacement Projects

Willdan Government & K-12 Schools Program
Attachment 1
Multi-Site Attachment:

Site/Building Name Address Site
Contact
Site
Contact
Phone
Site Contact Email
City of Shafter-PW Corp Yard-Facility Bath PW Corp Yard-Transportation Bath PW Corp Yard-Auto Shop Veterans Hall Police Dept-Back Custodial Closet Animal Control-Custodial Closet Animal Control-Kennel Area 720 Commerce Way, Shafter, CA 93263 Michael James (661)746-5004 ext 5018 [email protected] 309 California Ave, Shafter, CA 93263 201 Central Valley Hwy, Shafter, CA 93263 18849 Shafter Ave, Shafter, CA 93263 Page 181 of 562 To: GK12 Program Participants
From: Thomas Kouris, Willdan Energy Solutions (PG&E Program Implementor) Subject: Demand Response
Dear Program Participant,
Thank you for enrolling in the PG&E GK-12 Water Heater Replacement offer. With the installation of a new electric heat pump hot water heater (HPWH), you have switched from gas to an efficient electric heat pump solution which will reduce your carbon and air emissions.

Your enrollment includes substantial incentives to reduce your installation cost. The incentive program asks participants to enroll in a Demand Response (DR) program. We determined based upon operations that three Corp Yard sites and City Hall were most conducive to a DR program.

Currently this PG&E program is in flux; Willdan will get back with you when a program accepts our devices. Until that time, no decision will need to be made whether you wish to participate or not. This will not impact the installation of the heat pumps.

Here is some general information on the DR Program, which helps you to: reduce your electric bill, reduce greenhouse gas emissions, improve air quality, and support grid stability in California.

On 50-, 65-, and 80-gallon HPWH, we can install a device allowing it to be controlled remotely.

When requested by PG&E or CAISO (grid management for the state), the DR Provider will minimize your water heater energy usage for up to 4 hours, typically between 4pm-9pm (demand response event). The events occur on the hottest days of the summer or other gridstressed times from May 1 through October 31. There are typically 5-15 events/year.

Please consider which buildings are closed in the evenings or have little to no hot water demand in the evening. All of these are excellent candidates for demand response.

Conversely, fire and police stations, 24/7 operations requiring hot water in the evening, and recreation centers that rent their hall and kitchens would not be good candidates.

About 45 minutes prior to an event, the DR Provider will assess the temperature of the water in the tank. A signal will be sent to your HPWH to turn on to preheat the water to a temperature slightly higher than the standard setting. Preheating allows you to comfortably “ride through” the DR event as any temperature difference should not be noticeable. A drop in temperature is typically 1 degree per hour. So, your HPWH may go from about 125 degrees to about 120 degrees during the event. Again, you will save money.

Again, this is something you will decide
later on. We are just providing a little
information.

Thomas A Kouris
Enclosed: Demand Response FAQ, Populated CBP Enrollment Form

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: EAST TULARE AVENUE PEDESTRIAN IMPROVEMENTS

BIDDING AUTHORIZATION

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act (CEQA); approve project plans and specifications for the East Tulare Avenue Pedestrian Improvements Project; and authorize the solicitation of formal construction bids for said project.

BACKGROUND
The City of Shafter was awarded $440,823.60 in Transportation Development Act (TDA) Article 3 funding to complete pedestrian improvements at East Tulare Avenue between Shafter Avenue and Elm Street. The project includes reconstructing curb ramps, drive approaches, and sidewalk replacements, all of which aim to enhance pedestrian safety and accessibility.

The Public Works Department completed construction plans for the entire project, which is valued at approximately $940,823.60. While Staff work to close a grant funding gap of approximately $500,000, the project scope released for bidding should be structured to stay mainly within the TDA funds, with the potential to expand the scope should additional grant funds be committed to the project.

To obtain construction bids for the project, the Council must approve the plans and specifications and authorize formal bid procedures. Upon completion of the bidding process, the results and an award recommendation will be presented to the Council at a future meeting.

FISCAL IMPACT
The current request is limited to authorizing the solicitation of bids. Bid results and any necessary budget actions, including the appropriation of funds or award of a contract, will be brought forward for Council consideration at a future meeting.

CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA Guidelines. The project involves the reconstruction of curb ramps, drive approaches, and sidewalks, all aimed at enhancing pedestrian safety, accessibility, and overall

EAST TULARE AVENUE PEDESTRIAN IMPROVEMENTS BIDDING AUTHORIZATION - 2 -
infrastructure compliance. The improvements are designed to have substantially the same purpose and capacity as the structures being replaced, qualifying it for this exemption.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. East Tulare Plans - FOR BID

KEY MAP - NO SCALE NTS SHEET 1OF 7

ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

CITY OF SHAFTER

EAST TULARE AVE

COVER SHEET
STREET IMPROVEMENTS East Tulare Ave Fresno Ave
Beech Ave
Mannel Ave
Shafter Ave
State HWY 43 Central Ave GENERAL NOTES: 1. THESE PLANS ARE TO BE USED IN CONJUNCTION WITH THE CORRESPONDING CITY OF SHAFTER SPECIFICATIONS AT THE DATE OF BID. 2. IT IS THE INTENTION THAT THE PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS COINCIDE AND AGREE IN ALL PARTICULARS. IF ANY MATTER OR THING BE SHOWN IN ONE AND NOT IN THE OTHER IT SHALL BE OF THE SAME FORCE AND AFFECT AS IF INCORPORATED IN BOTH; AND ALL THINGS MUST BE DONE BY THE CONTRACTOR WHICH MAY BE SHOWN IN EITHER. 3. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER, ENGINEER, AND THE CITY OF SHAFTER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING THE LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER/ENGINEER/CITY OF SHAFTER. 4. ALL EXISTING PUBLIC & PRIVATE IMPROVEMENTS AND UTILITIES, (STREET, PAVING, CURB, GUTTER, SIDEWALK, CROSS GUTTER, FENCING, IRRIGATION STRUCTURES, CANALS, PRIVATE ROADS, PIPELINES, SWALES, ETC.) THAT ARE REMOVED, DAMAGED OR UNDERCUT SHALL BE REPAIRED OR REPLACED AS DIRECTED BY THE CITY ENGINEER. ALL EXISTING PAVING AND SURFACING REMOVED, DAMAGED OR UNDERCUT SHALL BE REPLACED IN ACCORDANCE PER THE CITY ENGINEER. IRRIGATION STRUCTURES SHALL BE RETURNED TO A FULLY OPERATIONAL CONDITION BY THE END OF THE DAY FOR EACH DAY OF WORK. 5. PRIOR TO THE START OF ANY PROJECT OF CONSTRUCTION THE CITY OF SHAFTER SHALL BE GIVEN 24 HOURS NOTICE (PHONE: (661) 746-500 4). 24 HOUR NOTICE REQUIRED FOR TESTING AND INSPECTION. 6. THE UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND FOR INFORMATION PURPOSES ONLY. UNDERGROUND SERVICE ALERT (USA) SHALL BE NOTIFIED AT LEAST 2 WORKING DAYS BEFORE CONSTRUCTION IN ANY GIVEN AREA. TELEPHONE (800) 642-2444. 7. UNDERGROUND FACILITIES KNOWN TO EXIST ARE SHOWN ON THE PLANS BASED ON AVAILABLE RECORDS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION, LOCATION, PROTECTION, AND REPAIR (IF DAMAGED DURING CONSTRUCTION) OF SAID FACILITIES. SHOULD UNDERGROUND FACILITIES BE ENCOUNTERED WHICH ARE NOT SHOWN ON THE PLANS OR DEVIATE FROM THE LOCATION SHOWN, THE CONTRACTOR SHALL PROMPTLY NOTIFY THE OWNER OF THAT FACILITY (IF APPROPRIATE) AND THE ENGINEER FOR POSSIBLE DESIGN CHANGES. 8. CITY STANDARDS:CITY SUBDIVISION ENGINEERING AND DESIGN STANDARDS ARE AVAILABLE ONLINE AT WWW.SHAFTER.COM OR FROM THE CITY ENGINEERING OFFICE. BIDDERS / CONTRACTORS ATTENTION IS DIRECTED TO THE GENERAL CONDITIONS, SPECIAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR THIS PROJECT. LIST OF SHEETS SHEET 01 COVER SHEET SHEET 02 E TULARE AVE - STA 0+00 - 10+00 SHEET 03 E TULARE AVE - STA 10+00 - 17+00 SHEET 04 E TULARE AVE - STA 17+00 - 26+00 SHEET 05 E TULARE AVE - STA 26+00 - 36+50 (BID ALTERNATE) SHEET 06 E TULARE AVE - STA 36+50 - 40+25 (BID ALTERNATE) SHEET 07 DETAILS EaVt TuOare Ave Street IPSrovePentV ProMect

ISSUED FOR BID
Preliminary

0+00 1+00 2+00 3+00 4+00 5+00 5+00 6+00 7+00 8+00 9+00 10+00 SHEET 2OF 7 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

STREET IMPROVEMENT PLANS

STREET IMPROVEMENTS
3 4
4 STA 0+00 - 5+00 E Tulare Ave
1 STA 5+00 - 10+00 E Tulare Ave
5 3
3 8
0 SCALE: 1"=20' 10 20 40
123
654
78910
Preliminary

10+00 11+00 12+00 13+00 14+00 15+00 15+00 16+00 17+00 SHEET 3OF 7 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

STREET IMPROVEMENT PLANS

STREET IMPROVEMENTS
0 SCALE: 1"=20' 10 20 40
123
654
78910 STA 10+00 - 15+00 E Tulare Ave
4 5
2 2
6 6
7 2
5 3
3 STA 15+00 - 17+00 E Tulare Ave
3 3
2 2
2 6
7 7
5 5
4 3
3 4
2 9
9 10
Preliminary

17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 SHEET 4OF 7 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

STREET IMPROVEMENT PLANS

STREET IMPROVEMENTS
0 SCALE: 1"=20' 10 20 40
123
654
78910 STA 17+00 - 20+50 E Tulare Ave
7 3
2 4
3 8
8 9 STA 20+50 - 26+00 E Tulare Ave
5 4
4 1
2 2
3 6
6 1
1 Preliminary

26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 36+00 SHEET 5OF 7 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

STREET IMPROVEMENT PLANS

STREET IMPROVEMENTS
0 SCALE: 1"=20' 10 20 40
123
654
78910 STA 26+00 - 31+25 E Tulare Ave
1 1
4 4
4 STA 31+25 - 36+50 E Tulare Ave
1 1
7 7
6 6
6 1
2 2
2 2
2 3
3 3
3 Preliminary

37+00 38+00 39+00 40+00
0+00
1+00 SHEET 6OF
7 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

STREET IMPROVEMENT PLANS

STREET IMPROVEMENTS
0 SCALE: 1"=20' 10 20 40
123
654
78910 STA 36+50 - 40+25 E Tulare Ave
9 4
2 2
6 6
2 9
6 3
9 4
Preliminary

SHEET 7OF 7

ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263

ISSUED FOR BID

CITY OF SHAFTER

EAST TULARE AVE

DETAILS

STREET IMPROVEMENTS
Preliminary

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: EASEMENT DEDICATION FROM SHAFTER FREE WILL BAPTIST CHURCH ACCEPTANCE - PARCEL MAP WAIVER 25-39

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept the dedications of easement for street and public utility purposes from Shafter Free Will Baptist Church; and authorize the City Engineer to record said documents.

BACKGROUND
Shafter Free Will Baptist Church is located at the southwest corner of Redwood Drive and Willow Street on Parcel 2 of Parcel Map No. 4243. When the parcel map was originally recorded, street and public utility easements were not dedicated to the City.

As a result, a portion of Redwood Drive, west of Willow Street and south of the centerline, remained on private property.

The Church has recently initiated a Parcel Map Waiver (PMW 25-39) to subdivide Parcel 2 into two legal parcels. During a review of the application, City Staff identified the need for easements that should have been previously dedicated. The applicant has agreed to provide the necessary easements, as shown in Exhibit B. Acceptance by the City Council is required for the dedications to be recorded.

FISCAL IMPACT
The costs to prepare the necessary legal documents for the dedication will be either provided by the PMW applicant or covered by existing operational budgets from the Engineering Division of Public Works.

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

APPROVED BY THE CITY ATTORNEY
No

EASEMENT DEDICATION FROM SHAFTER FREE WILL BAPTIST CHURCH ACCEPTANCE - PARCEL MAP WAIVER 25-39
- 2 -

ATTACHMENTS

1. Exhibit B - Easement Dedication Map (Parcel 2 of PM No. 4243)

NS EJ
J a s o n E . V a n C u r e n L.S. 7439
S Exp 3-31-26

T A T E

O F C A L I F O R N I A

L I C E N S E D L A N D S

U R V E Y O R

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: URBAN SDK TRAFFIC DATA AGREEMENT RENEWAL 2025-2027

RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; authorize the Public Works Director to sign the renewal agreement with Urban SDK for traffic data and analysis services for Fiscal Years 2025/2026; and 2026/2027 at an annual cost of $15,000, for a total of $30,000 over the two-year term.

BACKGROUND
The City's current license agreement with Urban SDK for traffic data and analysis services is set to expire at the end of this month. Under this agreement, Urban SDK has provided the City with access to an online platform that includes comprehensive speed and traffic data for all local roadways. This platform enables staff to monitor, analyze, and respond to traffic patterns, contributing to improved traffic management and decision-making, such as optimizing signal timing, prioritizing enforcement areas, and considering new speed limits. Renewing this agreement will ensure continuity of service and uninterrupted access to critical traffic data, supporting the City’s ongoing traffic safety and planning efforts.

FISCAL IMPACT
The total cost of the Urban SDK renewal agreement is $15,000 per year, totaling $30,000 over the two-year contract term. The annual cost of this software has been included in the draft Operations Budget for Fiscal Year 2025/2026 and will be included in the budget for Fiscal Year 2026/2027 as a recurring expense. Therefore, no additional budget action is necessary at this time.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the renewal of an agreement for traffic data and analysis services and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

URBAN SDK TRAFFIC DATA AGREEMENT RENEWAL 2025-2027
- 2 -

1. Urban SDK - 2025 - 2027 Renewal Quote

City of Shafter, California 2025 - 2027
Renewal
City of Shafter, California
336 Pacific Avenue
Shafter, CA 93263
United States
Alex Gonzalez
[email protected]
(661) 746-5023
Michael James
[email protected]
661-746-5004
Reference: 20250410-124320287
Quote created: April 10, 2025
Quote expires: June 30, 2025
Quote created by: Jefferson Court
Enterprise Account Manager
[email protected]
Comments from Jefferson Court
URBAN SDK, INC.

Urban SDK will provide Shafter with comprehensive Speed data for every roadway. This includes:

Speed Data: A 18-month data backfill starting from the month before the contract signing, with ongoing monthly reports.

Rules Engine: Enables customers to optimize their workflow with system automation.

Collision Index
Historical Data: Any historical data supplied by Shafter will be uploaded into the platform, ensuring continuity and a robust dataset for analysis.

Customer Support: Live Chat & Email Support, Knowledge Base How To Articles and Contract Start Date 7/1/2025
Contract End Date 6/30/2027

Products & Services
Item & Description Quantity Unit Price Total
Insights Plan 1 $15,000.00
/ year
$15,000.00 / year
Rules Engine 1 $1,500.00
/ year
$0.00 / year
Collision Index Layer 1 $1,500.00
/ year
$0.00 / year
Annual subtotal $15,000.00
Total $15,000.00
Purchase terms
Base plan for Urban SDK with 13 Months of Historical
Data Archive.

License includes:
- Insights Analytics & Reporting
- Workspace Data Storage
- Studio Map Builder
- Dashboard Builder
- Public Portfolio to Share Dashboards and Maps
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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: BSK ASSOCIATES NORTH SHAFTER PARK AGREEMENT

APPROVAL

RECOMMENDATION
Council find that action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve an agreement with BSK Associates for Special Inspection and Materials Testing Services at North Shafter Community Park in an amount not to exceed $50,000; and authorize the Public Works Director to execute the agreement and any related documents necessary to provide the necessary project services.

BACKGROUND
The City of Shafter is undertaking construction activities at North Shafter Community Park. To ensure compliance with the California Building Code and other applicable standards, the City requires professional Special Inspection and Materials Testing Services. These services will verify that construction materials and completed work conform to design specifications, including earthwork, hot mix asphalt (HMA), concrete, and other critical components.

BSK Associates has submitted a proposal (Proposal No. C25000620, dated May 9, 2025) to provide these services. BSK Associates is uniquely qualified to perform the work, as they previously completed the initial geotechnical report for this project and provided recommendations and design standards that form the basis for the park’s construction. Their prior involvement ensures familiarity with the site’s geotechnical conditions, enhancing the continuity and quality of the inspection and testing process.

The estimated total cost for the services is $39,800, which is a time-and-materials proposal based on estimated testing trips and site activities. Actual costs may vary depending on the pace of construction and the specific testing requirements.

FISCAL IMPACT
The estimated total cost for the Special Inspection and Materials Testing Services is $39,800, based on the time-and-materials proposal submitted by BSK Associates.

Given the time-and-materials nature of the contract and the potential for additional site visits or testing as construction progresses, Staff recommends approving a total contract amount not to exceed $50,000. This allowance provides flexibility to accommodate any additional testing that may be required to ensure construction quality and project compliance.

BSK ASSOCIATES NORTH SHAFTER PARK AGREEMENT APPROVAL
- 2 -
This project is listed in the City’s Capital Improvement Program (CIP) with a budget allocation of $5,903,234. Therefore, no additional budget action is required at this time.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of special inspection and materials testing services for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. BSK Proposal C25000620 - North Shafter Community Park

May 9, 2025 BSK Proposal C25000620
Alex Gonzalez, PE
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Subject: Special Inspection and Materials Testing Services North Shafter Community Park
909 Flynn Avenue
Shafter, CA 93263
Dear Mr. Gonzalez:

BSK Associates is pleased to submit this proposal for the Special Inspection and Materials Testing Services required for the North Shafter Community Park in Shafter, CA. We have developed this proposal package specifically with your needs in mind and based on our experience with Special Inspection requirements of the California Building Code, our review of the provided project plans (3/20/25), correspondence with you regarding the project, and our prior experience with projects of this size and nature.

For your approval, we have included our scope of services and fee estimate, our basis for invoicing, and an authorization and acceptance form for our agreement. Rates not specifically quoted will be charged per our published Schedule of Fees. The hourly rates/charges quoted are for the project duration. It is our understanding that there is no Project Labor Agreement in-place on this project, and that the project is subject to State of California prevailing wage requirements.

In order for BSK to assist you in reducing exclusions from our Final Report, a copy of the project Testing and Inspection Sheet (prepared by the Structural Engineer, Architect and/or Building Official) should be submitted to our office prior to our first site visit. Further, our technicians are required to note they are referring to Approved Plans during their site inspections; a copy should be made available at the project site or fabrication location.

We appreciate the opportunity to submit this proposal. If you should have further questions or comments, please give us a call. We appreciate the opportunity to work with you. We will schedule the work upon your return of our Standard Agreement.

Respectfully submitted,
BSK Associates
Santiago Espinoza Adam Terronez, PE, GE
Senior Professional Branch Manager
Enclosure
Scope of Services and Fee Estimate
Basis for Invoicing
Standard Agreement
Fee Schedule
4820 Rosedale Lane
Bakersfield, CA, 93314
P 661.327.0671
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company

SCOPE OF SERVICES AND FEE ESTIMATE
Special Inspection and Materials Testing Services
North Shafter Community Park
909 Flynn Avenue, Shafter, CA

BUDGET SUMMARY

SERVICE TOTAL

FIELD SERVICES
Earthwork $17,760.00
HMA $1,756.00
Concrete $12,264.00
MATERIALS LABORATORY TESTING $5,324.00
BSK SERVICE ADMINISTRATION $2,696.00
TOTAL BUDGET ESTIMATE $39,800.00
North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

FIELD SERVICES
Earthwork

DESCRIPTION DAYS
HRS/
DAY

HOURS /

UNITS RATE EXTENSION
Group 1 Engineering Technician -
Sample Pickup 4 2 8 $138.00 $1,104.00
Group 1 Engineering Technician -
Compaction Testing (Sitework) 10 2 20 $138.00 $2,760.00 Group 1 Engineering Technician -
Compaction Testing (Structures) 21 2 42 $138.00 $5,796.00 Group 1 Engineering Technician -
Compaction Testing (Utilities) 23 2 46 $138.00 $6,348.00 Group 1 Engineering Technician -
Compaction Testing (Curb & Gutter) 2 2 4 $138.00 $552.00 Trip Charge (Mileage) 60 $20.00 $1,200.00
Subtotal - Earthwork $17,760.00
HMA

DESCRIPTION DAYS
HRS/
DAY

HOURS /

UNITS RATE EXTENSION
Group 1 Engineering Technician -
Compaction Testing (Subgrade) 2 2 4 $138.00 $552.00
Group 1 Engineering Technician -
Compaction Testing (Agg Base) 2 2 4 $138.00 $552.00
Group 1 Engineering Technician -
Compaction Testing (HMA) 1 4 4 $138.00 $552.00
Trip Charge (Mileage) 5 $20.00 $100.00
Subtotal - HMA $1,756.00
Concrete

DESCRIPTION DAYS
HRS/
DAY

HOURS /

UNITS RATE EXTENSION
Group 2 Special Inspector - Concrete
Sampling 8 4 32 $147.00 $4,704.00
North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

DESCRIPTION DAYS
HRS/
DAY

HOURS /

UNITS RATE EXTENSION
Group 2 Special Inspector - Shotcrete
Sampling 6 4 24 $147.00 $3,528.00
Engineering Technician - Sample
Pickup and Delivery 14 2 28 $124.00 $3,472.00
Trip Charge (Mileage) 28 $20.00 $560.00
Subtotal - Concrete $12,264.00

LABORATORY TESTING

DESCRIPTION FREQUENCY SETS/UNITS RATE EXTENSION
Compaction Curves - Site Soils (4"
Mold) 1 per material 4 $282.00 $1,128.00
Compaction Curves - Site Soils (6"
Mold) 1 per material 2 $300.00 $600.00
Concrete Compressive Strength
Test (Set of 4) 1 per Set 8 $163.00 $1,304.00
Shotcrete Compressive Strength
Tests (Set of 4 Cores per Panel) 1 per Panel 6 $382.00 $2,292.00 SUBTOTAL - LABORATORY TESTING $5,324.00

BSK SERVICES ADMINISTRATION

DESCRIPTION
HOURS/

UNITS RATE EXTENSION
Registered Engineer (Review, support and reporting) 4 $228.00 $912.00 Project Manager (Field Oversight, Daily Report Review) 4 $181.00 $724.00 Administrator (Project Setup, Contract and Labor
Compliance) 4 $100.00 $400.00
Administration (Data Processing, Report Prep., Field
Coordination) 4 $90.00 $360.00
DIR / CPR Reporting / Processing 1 $300.00 $300.00
SUBTOTAL - BSK SERVICES ADMINISTRATION $2,696.00
North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

BASIS FOR INVOICING, FEES, AND LIMITATIONS
BASIS FOR INVOICING:

The enclosed fee schedule includes the billing rates and charge schedule that will be used as our basis for invoicing.

FEES:

Our services will be performed on a time and material basis at unit rates herein listed. Portal-to-portal charge is based from our Bakersfield office. Rates/charges not specifically quoted will be charged per our published Schedule of Fees. We estimate our fees for this project at $39,800.00. This estimate is based upon our years of experience in this profession, but it is an estimate only. We endeavor to limit our charges to this estimate; however, events beyond our control may affect total cost. For example; if the work progresses quicker than anticipated, fees could be considerably less; or, if the work progresses slower than anticipated, our fees may exceed this estimate.

It is our practice to notify you if it appears our fees will exceed our estimate, but due to the timing and nature of our services and to ensure that your project is not delayed, this may not always be possible. Our invoices however will serve as an update of our progress as well as fees charged versus our estimate. Invoices are payable upon receipt and deemed delinquent if not paid within 30 days. Delinquent invoices may be subject to interest/service charges, and collection expenses including attorney’s fees, at our election. As necessary to accommodate the construction schedule, BSK may use contract special inspectors to augment our staff.

Inspections performed by contract providers will be billed as specified for BSK employees, herein, and at the rates included in the Fee Estimate.

LIMITATIONS:

BSK Associates provides special inspection services to assist you in verifying that the work is in substantial conformance to the project documents and as required by the California Building Code. These services shall not be construed as acceptance of the work or relieve the contractor in any way from his/her obligations and responsibilities as outlined in the applicable construction documents. BSK assumes no responsibility for the safety of others on the jobsite or the methods and means of construction. BSK will make every effort to respond to the emergent needs of your project, to assure better service we ask that you schedule inspection/testing activities at least 24 hours in advance. To avoid show-up charges, cancel such requests at least four hours in advance of our arrival time. Section 1701 of the CBC requires the special inspection agency to file a final report for the project. The report will be issued upon complete reconciliation of your account. This proposal for construction services shall be valid for not more than sixty (60) days from the date of presentation.

North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

INVOICE AND REPORT DISTRIBUTION
BSK Associates will issue our invoice to the following firm/contact. Please provide a separate accounts payable (AP) contact as appropriate:

Client Accounts Payable
Company: City of Shafter
Address: 336 Pacific Avenue
City, State, Zip: Shafter, CA 93263
Contact Name: Alex Gonzalez, PE AP Contact:

Contact Phone: 61-746-5023 AP Phone:

E-Mail: [email protected] AP Email:

Report Distribution
BSK will issue special inspection and materials testing reports by electronic delivery to the following recipients. If additional recipients are desired, please complete and return this form accordingly:

Client Building Department
Company: City of Shafter Agency:

Address: 909 Flynn Avenue Address:

City, State, Zip: Shafter, CA 93263 City, State, Zip:

Contact Name: Alex Gonzalez, PE Contact Name:

Contact Phone: 61-746-5023 Contact Phone:

E-Mail: [email protected] E-Mail:

Other Other
Company: Company:

Address: Address:

City, State, Zip: City, State, Zip:

Contact Name: Contact Name:

Contact Phone: Contact Phone:

E-Mail: E-Mail:

North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

AGREEMENT FOR SPECIAL INSPECTION & MATERIALS TESTING SERVICES THIS AGREEMENT, effective as of May 9, 2025, is by and between City of Shafter (“Client") and BSK Associates ("Company").

THIS PROJECT is generally described as:

Special Inspection and Materials Testing Services
North Shafter Community Park
and is located at:
909 Flynn Avenue
Shafter, CA (“Project Site”)
THIS AGREEMENT consists of the following documents which are incorporated herein by reference:
• PROPOSAL NO. C25000620, DATED May 9, 2025
• GENERAL CONDITIONS FOR CONSTRUCTION MATERIALS ENGINEERING & TESTING SERVICES Consultant agrees to perform the Services set forth in this Agreement and in accordance with its terms, including all attachments incorporated herein by reference. This agreement may not be modified or altered, except in writing as specifically described in this Agreement.

CLIENT: COMPANY (BSK):

Signature
Print Name:

Title:

Company: City of Shafter BSK Associates
Address: 336 Pacific Avenue 4820 Rosedale Lane
Shafter, CA 93263 Bakersfield, CA 93314
Date:

North Shafter Community Park
909 Flynn Avenue
Shafter, CA
BSK Proposal No. C25000620
May 9, 2025

©2021 GBA All rights Reserved
{04147484.DOCX;1 }All Rights Reserved. Duplication, copying, reproduction of any type, use of the language involved, excerption, or electronic storage requires the express written permission of THE GEOPROFESSIONAL BUSINESS ASSOCIATION.

GENERAL CONDITIONS FOR CONSTRUCTION MATERIALS ENGINEERING AND TESTING

SERVICES

1. DEFINITIONS

1.1 Certification. CONSULTANT’s expression of a professional opinion based upon the services CONSULTANT performed. A certification does not constitute a warranty or guarantee, either express or implied.

1.2 Constructor. The managing general constructor (MGC) and other constructor(s), including its/their subcontracting constructors (subconstructors) of every tier, retained to perform construction work on the project for which CONSULTANT is providing services under this AGREEMENT.

1.3 CONSULTANT Entities. The CONSULTANT and its subconsultants, subcontractors, and agents, and all of their respective shareholders, directors, officers, employees, and agents, and their heirs and assigns.

1.4 Day(s). Calendar day(s) unless otherwise stated.

1.5 Hazardous Materials. Contaminants regulated by a public authority, typically because they are known or suspected to jeopardize human health and safety, through exposure of some kind, e.g., contact, inhalation, ingestion, absorption, or radiation. Such materials are listed in various federal, state, and local statutes and regulations. This also includes any toxic substances, chemicals, radioactivity, pollutants, or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever.

1.6 Inspect, Inspection. Visual determination of conformance with specific requirements.

1.7 Instruments of Professional Service. All documents and information – e.g., letters, memoranda, reports, boring logs, maps, field data, field notes, drawings and specifications, and test data – prepared by CONSULTANT in the course of the Services.

1.8 Managing General Constructor (MGC). The constructor that has overall responsibility for project-site activities, including site safety and security, and is in charge of all other constructors and subconstructors hired for the project.

1.9 Observation, Observe. On the basis of CONSULTANT’s professional judgment, the act of visual evaluation or visually evaluating general conformance with requirements.

1.10 Services. The professional services provided by CONSULTANT under this AGREEMENT, including services described in the scope of services included in Exhibit A and any written task order or amendment to this AGREEMENT.

1.11 Subconstructor. A constructor hired by the managing general constructor or another constructor or subconstructor.

1.12 Test(s), Testing. Measurement, examination, and other activities to assess the characteristics or performance of materials.

1.13 Work. A constructor’s, or subconstructor’s, labor, materials, equipment, and constructed results.

2. ACCEPTANCE OF TERMS AND CONDITIONS
Unless otherwise specifically stated by CLIENT in writing, CLIENT’s request that CONSULTANT initiate Services will constitute CLIENT’s acceptance of this AGREEMENT and all of its terms and conditions. Any additional or different terms that CLIENT provides in any subsequent acknowledgment, purchase order, task order, or other document that vary from any of the terms herein are hereby objected to and rejected. Any such terms proposed by CLIENT, whether by offer or acceptance, shall be void unless CONSULTANT expressly agrees to them in writing.

3. SCOPE OF SERVICES

3.1 Services Provided; Independent Contractor. CONSULTANT will provide the Services set forth in the scope of services (Exhibit A) as an independent contractor.

3.2 Authority of CONSULTANT. CONSULTANT will report to CLIENT data and results of Observation, Inspection, and Testing as set forth in the scope of services (Exhibit A). CONSULTANT will report to CLIENT or CLIENT’s representative Observed or Inspected work that, in CONSULTANT’s opinion, fails to conform to project plans and specifications. CONSULTANT has no right or responsibility to approve, accept, reject, or stop Work of any Constructor, Subconstructor, or other agent of CLIENT. No action of CONSULTANT or CONSULTANT’s site representative(s) shall be construed by any party as revoking, altering, enlarging, relaxing, or releasing any requirement of the plans, specifications, or codes applicable to the project or any agreement between CLIENT and others. Such rights are reserved solely for CLIENT.

©2021 GBA All rights Reserved
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3.3 Referenced Standards. CONSULTANT will perform Observations, Inspections, and Tests, in general accordance with the applicable standards referenced by CONSULTANT. CONSULTANT makes no representation about compliance with any other standards.

3.4 Variation of Material Characteristics and Conditions. CONSULTANT’s Observations and standardized sampling, Inspection, and Testing procedures indicate conditions of materials and construction activities only at the precise location where and precise time when CONSULTANT performed Services. CLIENT recognizes that conditions of materials and construction activities at other locations may vary from those measured, Observed, or Inspected, and that conditions at one location and time cannot be relied on to indicate the conditions at other locations and times, even when the materials involved appear to be identical. Notwithstanding the foregoing, CONSULTANT may make inferences based upon the information derived from these procedures to formulate professional opinions about conditions in other areas. CONSULTANT is responsible only for those data, interpretations, and recommendations about the actual materials and construction activities it Observes, Inspects, samples, or Tests. Even if performed on a continuous basis, Services do not and should not be interpreted to mean that CONSULTANT is Observing, Inspecting, or Testing all materials on the project. CONSULTANT is not responsible for other parties' interpretations or use of the information CONSULTANT developed.

3.5 Scheduling and Frequency of Observations, Inspections, and Testing. CLIENT acknowledges that CLIENT – directly or indirectly through its designee – has the sole right and sole responsibility to determine the extent, frequency, and scheduling of Observations, Inspections, and Testing performed by CONSULTANT. Accordingly, CLIENT also acknowledges that CONSULTANT bears no responsibility for damages that may accrue because CONSULTANT did not perform Observations, Inspections, or Testing that CLIENT failed to request or schedule.

3.6 Changes in Scope. CLIENT may request changes to the scope of Services (Exhibit A). Any such change, including any change in CONSULTANT’s compensation or time of performance, will be incorporated into this AGREEMENT only when it takes the form of a written amendment signed by CLIENT and CONSULTANT or, if agreed to orally, only when it is confirmed by CLIENT and CONSULTANT in writing within 10 Days of the date of the oral agreement.

3.7 Excluded Services. CONSULTANT’s Services include only those Services specified in the scope of Services (Exhibit A). CLIENT expressly waives any claim against CONSULTANT relating to any additional Services that CONSULTANT recommended, but that CLIENT either failed to authorize or instructed CONSULTANT to not perform.

3.8 Fiduciary Responsibility. This AGREEMENT does not create a fiduciary responsibility to CLIENT by CONSULTANT or to CONSULTANT by CLIENT.

4. PAYMENTS TO CONSULTANT
CLIENT agrees to pay CONSULTANT for Services rendered in accordance with the payment terms provided in this Agreement and/or any written amendments hereto. Invoices will be submitted at the completion of Services or on a two-week or four-week basis, at the discretion of Consultant. Payment is due upon receipt of invoice. Amounts unpaid 30 days after the due date shall bear interest at the lesser rate of 18% per annum or the maximum interest rate allowed by law from the date of the invoice. CLIENT shall pay all expenses incurred by CONSULTANT associated with placing a lien or otherwise incurred in collecting any delinquent amount, including, without limitation attorneys’ and filing fees. CLIENT shall pay all costs of CONSULTANT in enforcing its rights hereunder, including, without limitation, attorneys’ and filing fees and expenses.

5. PERFORMANCE STANDARD

5.1 Professional Standards. CONSULTANT shall, in performing its Services, exercise the same degree of skill and care ordinarily exercised under similar circumstances and conditions by practicing professionals undertaking similar services in the same locality at the same time. Subsequent standards will not be applied in judging CONSULTANT’s Services. CLIENT agrees that the Services will be rendered without any warranty or guarantee, whether expressed or implied. CONSULTANT will not be liable for the interpretation by others of data or information CONSULTANT develops. CONSULTANT’s Services do not constitute Observing, Inspecting, or verifying placement of all materials of the project.

5.2 Sampling, Observation, Inspection, and Test Locations. Unless specifically stated otherwise, the scope of Services (Exhibit A) intentionally excludes surveying the project site or precisely identifying sampling, Observation, Inspection, or Test locations, depths, or elevations. In accordance with customary practice, CONSULTANT will base sampling, Observation, Inspection, and Test locations, depths, and elevations on field estimates and information furnished by CLIENT and its representatives. Unless stated otherwise in CONSULTANT’s report(s), such locations, depths, and elevations are approximate.

5.3 Sample Disposal. CONSULTANT will dispose of samples immediately after submitting the report covering those samples. If CLIENT prefers CONSULTANT to store samples for a longer period or transfer them to another party, CLIENT shall submit to CONSULTANT a timely written notice through which CLIENT also agrees to appropriately compensate CONSULTANT for the additional service.

©2021 GBA All rights Reserved
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5.4 Buried Utilities and Structures; Property/Work Restoration. If the Services require borings, test pits, or other invasive subsurface-exploratory Services, CLIENT will provide to CONSULTANT all information it possesses about the location and nature of underground utilities and structures. To reduce the risk of damage or injury to underground utilities and structures, CONSULTANT will rely on CLIENT-furnished information and will also contact an appropriate utility locator. CLIENT agrees to hold CONSULTANT harmless for any damage to underground utilities or structures that are not called to CONSULTANT’s attention or that are shown incorrectly on plans or drawings furnished for the purpose of locating such utilities and structures. CONSULTANT will take reasonable precautions to limit the damage to the project site or Work caused by the performance of its Services. CLIENT understands that some damage may necessarily occur in the normal course of performing Services, and that this AGREEMENT excludes repair of such damage unless specifically stated otherwise in the scope of Services (Exhibit A) or via a subsequent amendment to this AGREEMENT.

6. CONSTRUCTOR’S PERFORMANCE
CONSULTANT is not responsible for any Constructors’ means, methods, techniques, or sequences during the performance of any Constructor’s Work. CONSULTANT will not supervise or direct any Constructors’ Work nor be liable for any failure of Constructor to complete its Work in accordance with the project’s plans, specifications, and/or applicable codes, laws, and regulations. CLIENT understands and agrees that the Constructor, not CONSULTANT, has sole responsibility for the safety and security of persons and property at the project site.

7. CLIENT’S RESPONSIBILITIES
In addition to compensating CONSULTANT for Services, CLIENT agrees to:

7.1 Access. Grant or obtain free access to the project site for all equipment and personnel necessary for CONSULTANT to perform its Services.

7.2 Representative. Designate a representative to transmit notices and information pertaining to the Services, communicate CLIENT’s policies and decisions, and assist as necessary in matters pertaining to the project and this AGREEMENT. CLIENT may change its representative by written notice.

7.3 Information. Supply to CONSULTANT all information and documents relevant to the Services. CONSULTANT may rely upon such information without independently verifying its accuracy. CLIENT will notify CONSULTANT of any known potential or possible health or safety hazard associated with the materials to be Tested, including their intended use, chemical composition, relevant MSDS, manufacturers’ specifications and literature, and any previous Test results.

7.4 Project Information. Within 7 Days of receiving CONSULTANT’s written request to do so, CLIENT will provide to CONSULTANT a correct statement of the recorded legal title to the property on which the project is located and the CLIENT’s and/or owner’s interest therein.

8. CHANGED CONDITIONS
CONSULTANT will give to CLIENT written notice of CONSULTANT’s discovery of conditions or circumstances CONSULTANT did not contemplate at the time of this AGREEMENT (“changed conditions”). CLIENT and CONSULTANT will then negotiate an appropriate amendment to this AGREEMENT. If they cannot agree upon an amendment within 30 Days after CONSULTANT gives notice, CONSULTANT may terminate this AGREEMENT and be compensated as set forth in Section 13, “Suspension and Delay; Termination.”

9. CERTIFICATIONS
CONSULTANT will not execute any Certification for the Services performed or Work Observed, Inspected, or Tested, unless CONSULTANT has reviewed before execution of this AGREEMENT and approved in writing the exact form of such Certification. CLIENT will not condition payment or the resolution of any dispute upon CONSULTANT’s signing a Certification.

10. ALLOCATION OF RISK

10.1 Limitation of Liability. Client and Consultant agree to allocate certain risks so that, to the fullest extent permitted by law, Consultant’s total aggregate liability (including its shareholders, directors, officers, employees and agents (collectively “Consultant Entities”)) to Client and anyone claiming by, through, or under the Client, is limited to the greater of $50,000 or Consultant’s fees actually paid with respect to this Agreement, for any and all of Client’s injuries, damages, claims, losses, expenses, costs, or claim expenses (including reasonable attorneys’ and expert witness’ fees) arising out of this Agreement from any cause or causes. Such causes may include, but are not limited to, Consultant’s negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of express or implied warranty, contractual or common law indemnification, negligent misrepresentation, or other acts giving rise to liability based upon contract, tort, or statute. This provision takes precedence over any conflicting provisions of this Agreement.

10.2 Indemnification of CLIENT. Subject to the terms and limitations of this AGREEMENT, CONSULTANT will indemnify and hold harmless CLIENT, its shareholders, officers, directors, and employees, from and against any and

©2021 GBA All rights Reserved
{04147484.DOCX;1 }All Rights Reserved. Duplication, copying, reproduction of any type, use of the language involved, excerption, or electronic storage requires the express written permission of THE GEOPROFESSIONAL BUSINESS ASSOCIATION. all claims, suits, liabilities, damages, expenses (including without limitation reimbursement of reasonable attorney’s fees and defense costs), and other losses (collectively “Losses”) to the extent caused by CONSULTANT’s proportional negligence in performance of this AGREEMENT. CONSULTANT’s defense obligation under this indemnity paragraph is expressly limited to the reimbursement of reasonable defense costs to the extent of CONSULTANT’s actual indemnity obligation hereunder.

10.3 Indemnification of CONSULTANT. CLIENT will indemnify and hold harmless CONSULTANT Entities from and against any and all Losses to the extent caused by CLIENT’s proportional negligence. In addition, except to the extent caused by CONSULTANT’s negligence, CLIENT will defend, indemnify, and hold harmless CONSULTANT Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment, or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, or release of or exposure to Hazardous Materials.

10.4 No Personal Liability. CLIENT and CONSULTANT intend that CONSULTANT’s Services will not subject CONSULTANT’s individual employees, officers, or directors to personal liability. Therefore, and notwithstanding any other provision of this AGREEMENT, CLIENT agrees as its sole and exclusive remedy to direct or assert any claim, demand, or suit only against the business entity identified as “CONSULTANT” on the first page of this AGREEMENT.

10.5 Consequential Damages. Neither CLIENT nor CONSULTANT will be liable to the other for any special, consequential, incidental, or penal losses or damages, including, but not being limited to, losses, damages, or claims related to: the unavailability of property or facilities; shut-downs or service interruptions; loss of use, profits, revenue, or inventory; or for use charges, capital costs, or the cost of the claims of the other party and/or its customers.

10.6 Deviation from Recommendations. Unless specifically agreed otherwise in writing, CLIENT agrees that CONSULTANT bears no responsibility for ensuring CLIENT’s or any other party’s compliance with any specifications, procedures, or recommendations provided by CONSULTANT to CLIENT under this AGREEMENT (collectively, “Recommendations”). CLIENT hereby releases CONSULTANT from all liability arising from any other party’s failure to fully comply with Recommendations, and CLIENT will defend, indemnify, and hold harmless CONSULTANT from any party’s claims for losses arising from or related to CLIENT’s or any other party’s failure to fully comply with Recommendations.

10.7 Continuing AGREEMENT. The provisions of this Section 10, “Allocation of Risk,” will survive the expiration or termination of this AGREEMENT. If CONSULTANT provides Services to CLIENT that the parties do not confirm through execution of a written amendment to this AGREEMENT, provisions of this Section 10 will apply to such services as if the parties had executed a written amendment.

11. INSURANCE

11.1 CONSULTANT’s Insurance. If reasonably available, CONSULTANT will maintain Workers’ Compensation Insurance, General Liability Insurance, Automobile Liability Insurance, and Professional Liability Insurance. If CLIENT desires additional insured status for itself or other named entities, CONSULTANT will evidence such additional insured status when commercially available.

11.2 CLIENT’s Insurance. As appropriate, CLIENT will obtain builder’s risk insurance or other property insurance to protect it from injury or damage to the project, and which waives all rights of subrogation against CONSULTANT.

Proceeds from such insurance will be held by CLIENT as trustee and will be payable to CONSULTANT as its interests appear.

11.3 Certificates of Insurance. Upon request, CONSULTANT and CLIENT will each provide to the other certificate(s) of insurance evidencing the existence of the policies required herein. Except for professional liability and workers’ compensation insurance, all policies required under this AGREEMENT shall contain a waiver of subrogation.

12. OWNERSHIP AND USE OF CLIENT DOCUMENTS AND INSTRUMENTS OF PROFESSIONAL SERVICE

12.1 CLIENT Documents. All documents provided by CLIENT will remain CLIENT’s property. CONSULTANT will return all such documents to CLIENT upon CLIENT’s request. CLIENT will permit CONSULTANT to make and retain copies of all CLIENT documents.

12.2 Instruments of Professional Service. Except as otherwise agreed to by CLIENT and CONSULTANT, Instruments of Professional Service are and shall remain CONSULTANT’s property, and CONSULTANT has the right, in its sole discretion, to dispose of or retain the Instruments of Professional Service. CLIENT will not provide Instruments of Professional Service to any other person or entity without CONSULTANT’s prior written consent.

12.2.1 Use by CLIENT. CLIENT has CONSULTANT’s permission to reuse CONSULTANT’s Instruments of Professional Service for purposes reasonably connected with this project, including, without limitation, the project’s design and licensing requirements.

12.2.2 Use by CONSULTANT. CONSULTANT may use CONSULTANT’s Instruments of Professional Service for any purpose. CONSULTANT owns any patentable concepts or copyrightable materials arising from CONSULTANT’s Services.

©2021 GBA All rights Reserved
{04147484.DOCX;1 }All Rights Reserved. Duplication, copying, reproduction of any type, use of the language involved, excerption, or electronic storage requires the express written permission of THE GEOPROFESSIONAL BUSINESS ASSOCIATION.

12.3 Electronic Media. At CLIENT’s request, CONSULTANT will provide Instruments of Professional Service to CLIENT in an electronic format, but CLIENT recognizes that CONSULTANT makes no warranties, either express or implied, about the fitness or suitability of any electronically transmitted Instruments of Professional Service or media. CLIENT agrees that CONSULTANT’s original, hard-copy Instruments of Professional Service remain the actual Instruments of Professional Service.

12.4 Unauthorized Use. No party other than CLIENT may rely on CONSULTANT’s Instruments of Professional Service without CONSULTANT’s prior written consent and CONSULTANT’s receipt of additional compensation.

CLIENT waives any and all claims against CONSULTANT resulting from the unauthorized use or alteration of Instruments of Professional Service by CLIENT or any party obtaining Instruments of Professional Service through CLIENT. CLIENT will defend, indemnify, and hold harmless CONSULTANT from and against any claim, action, or proceeding brought by any party claiming to have relied upon information or opinions contained in Instruments of Professional Service without having obtained CONSULTANT’s prior written consent to do so, and any claim arising out of or related to the unauthorized use, reuse, or modification of the Instruments of Professional Service by CLIENT or any party obtaining them through CLIENT.

12.5 Confidentiality. CONSULTANT will hold confidential business and technical information obtained from CLIENT or CLIENT’s representatives or generated in the performance of the Services under this AGREEMENT and first identified in writing by CLIENT as “confidential.” CONSULTANT will not disclose such information without the consent of CLIENT except to the extent required for: 1) performance of Services under this AGREEMENT; 2) compliance with professional or ethical standards of conduct for preservation of public health, safety, and welfare; 3) compliance with any court order or other government directive; and/or 4) protection of CONSULTANT against claims or liabilities arising from performance of Services under this AGREEMENT. CONSULTANT’s obligation hereunder will not apply to information in the public domain or lawfully acquired from others on a nonconfidential basis.

13. SUSPENSION AND DELAY; TERMINATION

13.1 Suspension and Delay. Upon 10 Days’ written notice to CONSULTANT, CLIENT may suspend CONSULTANT’s Services. Upon 10 Days’ written notice to CLIENT, CONSULTANT may terminate this AGREEMENT if CLIENT suspends the Services for more than 60 Days, in which case CLIENT will compensate CONSULTANT as provided in Section 13.4. If CLIENT suspends the Services, or if CLIENT or others delay CONSULTANT’s Services, CLIENT and CONSULTANT agree to equitably adjust the time for completion of the Services and CONSULTANT’s compensation for the additional labor, equipment, and other expenses associated with maintaining CONSULTANT’s workforce for CLIENT’s benefit during the delay or suspension, and any expenses incurred by CONSULTANT for demobilization and subsequent remobilization.

13.2 Termination for Convenience. CONSULTANT and CLIENT may terminate this AGREEMENT for convenience upon 10 Days’ written notice delivered or mailed to the other party.

13.3 Termination for Cause. In the event that either party seemingly breaches this AGREEMENT, the nonbreaching party will deliver to the breaching party a written termination notice that states the basis for termination.

Neither party may terminate this AGREEMENT for cause if the breaching party cures the breach within 10 Days after receiving the termination notice. The nonbreaching party has the right to terminate this AGREEMENT if the breaching party fails to cure the breach within the 10-Day period.

13.4 Payment on Termination. Following termination other than for CONSULTANT’s breach of this AGREEMENT, CLIENT will pay CONSULTANT for the Services performed prior to the termination-notice date, and for any necessary Services and expenses incurred in connection with the termination, including, but not limited to, the costs of completing analyses, records, and reports necessary to document project status at the time of termination and costs associated with termination of subconsultant and/or subcontractor contracts in accordance with CONSULTANT’s thencurrent schedule of charges in Exhibit A.

13.5 Force Majeure. In the event that CONSULTANT is prevented from completing performance of its obligations under this AGREEMENT by an occurrence beyond the control of CONSULTANT (“Force Majeure”), then CONSULTANT will be excused from any further performance of its obligations and undertakings. In the event of a Force Majeure delay that does not result in termination of the AGREEMENT, schedules will be equitably adjusted.

14. DISPUTES
CLIENT and CONSULTANT shall endeavor to negotiate all claims, disputes, and other matters in controversy between CONSULTANT and CLIENT arising out of or in any way related to this AGREEMENT in good faith for a period of 30 days from the date of notice, prior to exercising their rights at law. If the parties fail to resolve the dispute within 30 days, all claims, disputes, and other matters will be submitted to non-binding mediation before and as a condition precedent to other remedies provided by law. If a dispute at law arises related to the Services provided under this AGREEMENT and that dispute requires litigation, then: (a) CLIENT assents to personal jurisdiction in the State of California and (b) The claim will be brought and tried in judicial jurisdiction of the court of Fresno County and CLIENT waives the right to remove the action to any other county or judicial jurisdiction.

Causes of action arising out of CONSULTANT’s Services or this AGREEMENT regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable

©2021 GBA All rights Reserved
{04147484.DOCX;1 }All Rights Reserved. Duplication, copying, reproduction of any type, use of the language involved, excerption, or electronic storage requires the express written permission of THE GEOPROFESSIONAL BUSINESS ASSOCIATION. statute of limitations shall commence to run not later than the date of CONSULTANT’s substantial completion of Services on the Project.

15. MISCELLANEOUS

15.1 Assignment and Subcontracts. During the term of this AGREEMENT and following its expiration or termination for any reason, neither party may assign this AGREEMENT or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes.

Any assignment that fails to comply with this paragraph will be void and of no effect. CONSULTANT may subcontract for the services of others without obtaining CLIENT’s consent if CONSULTANT deems it necessary or desirable for others to perform certain Services.

15.2 Integration and Severability. This AGREEMENT reflects the parties’ entire agreement with respect to its terms and limitations and supersedes all prior agreements, written and oral. If any portion of this AGREEMENT is found void or voidable, CLIENT and CONSULTANT will consider that portion stricken and will reform the AGREEMENT to achieve as much of the stricken portions’ purpose as possible. These terms and conditions survive the completion of the Services and the termination of the AGREEMENT, whether termination is for cause or for convenience.

15.3 Modification of This AGREEMENT. This AGREEMENT may be modified or altered only via a written amendment that refers specifically to this AGREEMENT and is signed by an authorized representative of each party.

15.4 Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand-delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this AGREEMENT.

15.5 Headings. The headings used in this AGREEMENT are for convenience only. They are not a part of this AGREEMENT.

15.6 Waiver. The waiver of any term, condition, or breach of this AGREEMENT will not operate as a subsequent waiver of the same term, condition, or breach.

15.7 Precedence. These GENERAL CONDITIONS take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding CONSULTANT’s Services.

15.8 Incorporation of Provisions Required by Law. This AGREEMENT includes each provision and clause required by law, and the AGREEMENT should be read and enforced as though each such provision and clause were set forth in its entirety.

End of General Conditions

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT RMRA SB1 PROJECT LIST 2025-2026

RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; adopt Resolution 3023, a Resolution of the City Council of the City of Shafter Adopting a List of Projects for Fiscal Year 2025-2026 Funded by Senate Bill 1:

The Road Repair and Accountability Act of 2017.

BACKGROUND
On April 28, 2017, the Governor of California signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act of 2017, into law. This Act addresses basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system by 1) increasing per gallon fuel excise taxes; 2) increasing diesel fuel sales taxes and vehicle registration fees; and 3) providing for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017, the State Controller (Controller) started depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on local streets.

SB 1 emphasizes the importance of accountability and transparency in delivering California’s transportation programs. Therefore, to be eligible for RMRA funding, the statute requires cities and counties to provide basic RMRA project reporting to the California Transportation Commission (Commission). Specifically related to RMRA reporting, SB 1 requires the City to do the following on an annual basis:
• Submit to the Commission a list of projects proposed to be funded with these funds, which includes a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. All projects proposed to receive funding must be included in a City budget that is adopted by the City Council at a regular public meeting [SHC 2034(a)(I)].

ROAD MAINTENANCE AND REHABILITATION ACCOUNT RMRA SB1 PROJECT LIST 2025-2026
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• For each fiscal year in which RMRA funds are received and expended, the City must submit documentation to the Commission that includes a description and location of each completed project, the funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)].

The Commission has released Reporting Guidelines for RMRA funding, primarily intended to implement the reporting procedures discussed above. It is important to note that these reporting requirements are unique to RMRA funds and do not apply to traditional Gas Tax funds the City receives.

Pursuant to these guidelines, the City Council must adopt, by resolution, a list of RMRA projects for the 2025-2026 fiscal year. Below is a summary of the proposed project developed by the Public Works Department.

Project Title: West Ash Ave. Reconstruction
Project Description: Reconstruct the road section and complete curb & gutter, sidewalk, ADA ramp, and striping improvements.

Project Location: Wall St. to S. Reiker St.

Estimated Project Schedule: Start: June 2026 – Completion: December 2026 Estimated Project Useful Life: 20 Years
Estimated Cost: $650,000
In addition, it is noted that the South Reiker Street Reconstruction – Lerdo Hwy. to West Ash Avenue project, which was approved as part of the FY 2024-2025 SB 1 allocation, is expected to be completed later this year. Should additional funding be required to finalize that project due to unforeseen circumstances (e.g., cost increases, extended construction schedule), a portion of the FY 2025-2026 RMRA allocation may be applied to ensure that the project is completed as planned. This approach ensures that essential road rehabilitation projects are fully funded and completed on schedule.

FISCAL IMPACT
Approval of this item is necessary to secure the estimated $601,956 in SB 1 gas tax funding allocated to the City for Fiscal Year 2025-2026. Any cost difference between the estimated project cost and the estimated SB 1 funding can be covered by a dedicated or recurring street and road funding source, such as Transit Development Act Funds or Gas Taxes.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the adoption of a road maintenance and rehabilitation funding list per Senate Bill 1, and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

ROAD MAINTENANCE AND REHABILITATION ACCOUNT RMRA SB1 PROJECT LIST 2025-2026
- 3 -
Not Applicable

ATTACHMENTS

1. Resolution 3023

RESOLUTION NO. 3023
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026

FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Shafter are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Shafter must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Shafter, will receive an estimated $601,956 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and
WHEREAS, this is the 9th year in which the City of Shafter is receiving SB 1 funding and will enable the City of Shafter to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City, as a part of the City’s public annual strategic planning meetings and budget process, has ensured the public’s ability to participate in our community’s transportation priorities/the project list; and
WHEREAS, the City of Shafter used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one street/road throughout the City this year; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of Shafter’s streets and roads are in an “at-risk” condition and this revenue will

Shafter City Council Resolution 3023
June 17, 2025

help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The fiscal year 2024-25 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:

Project Title: West Ash Avenue Reconstruction
Project Description: Reconstruct the road section and complete curb & gutter, sidewalk, ADA ramp, and striping
improvements.

Project Location: Wall St. to South Reiker St.

Estimated Project Schedule: Start 6/2026 – Completion 12/2026 Estimated Project Useful
Life:
20 Years
Estimated Cost: $650,000

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2025- 2026 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Shafter is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: South Reiker Street Reconstruction – Lerdo Hwy. to West Ash Avenue
Project Description: Reconstruct the road sections and complete curb & gutter, sidewalk, ADA ramp and striping
improvements.

Shafter City Council Resolution 3023
June 17, 2025

Project Location: South Reiker Street – Lerdo Hwy. to West Ash Avenue
Estimated Project Schedule: Start 6/2025 – Completion 12/2025 Estimated Project Useful
Life:
20 Years
Estimated Cost: $850,000
PASSED AND ADOPTED THIS 17th DAY OF JUNE 2025.
__________________________
Chad Givens, Mayor
ATTEST:
__________________________
Yazmina Pallares, City Clerk

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICTS
2025-2026

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 3024, a Resolution of the City Council of the City of Shafter Initiating Proceedings for the Annual Levy and Collection of Assessments Within Existing City Landscaping and Lighting Districts for Fiscal Year 2025-2026 for the Maintenance and Servicing of Lighting and Landscaping (Pursuant to the Landscaping and Lighting Act of 1972).

BACKGROUND
On an annual basis and before each fiscal year, the City must conduct proceedings to approve the levy of assessments for the City’s landscape and lighting assessment districts so that the County Assessor can place the appropriate assessments on the affected property owners’ tax bill. This process commences with the adoption of a resolution initiating the annual levy proceedings, which is the purpose of this agenda item. If adopted, the resolution specifically authorizes preparing an Engineer’s Report with recommended assessments for each district. Completed reports and the scheduling of a public hearing regarding the annual levy require separate Council approval at a future meeting. The following is a list of districts for which reports will be generated:

LL001-95 (Tract 5774)
LL001-98 (Tract 5610, APN 026-321-01)
LL001-2002 (Tract 5856)
LL001-2005 (Tracts 6179, 6286, 6287)
LL002-2005 (Tract 6301, 7033)
LL003-2005 (Tract 6222, 6584, 6910, 6936)
LL004-2005 (Tract 6467)
LL001-2006 (Tract 6437, 6713)
LL001-2007 (Tracts 6738, 6447, 6540)
LL002-2007 (Tract 6777)
LL001-2015 (Gossamer Grove)
LL001-2021 (Tract 7318)
LL001-2022 (Tract 6490)

INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICTS 2025-2026
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FISCAL IMPACT
There is no fiscal impact with the approval of this item. Annually, the City budgets both the expected revenue from each district as well as the costs of each district. These revenues and expenditures are being included in the upcoming 2025-2026 Annual Operating Budget. The assessment amounts reflect, as near as possible, the cost of services in each district.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the initiation and ultimate approval of an annual assessment levy and therefore, it is the creation of the governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution 3024

2. Exhibit A to Resolution 3024

RESOLUTION NO. 3024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER INITIATING

PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS

WITHIN EXISTING CITY LANDSCAPING AND LIGHTING DISTRICTS FOR FISCAL YEAR 2025/2026 FOR THE MAINTENANCE AND SERVICING OF

LIGHTING AND LANDSCAPING (PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) provides and establishes procedures for the annual levy of assessments for existing Landscaping and Lighting Assessment Districts (the "Districts") located in the City of Shafter, County of Kern, State of California that have been formed pursuant to the Act; and
WHEREAS, the Districts identified in Exhibit “A” were duly formed pursuant to the Act by action of the City Council of the City of Shafter for the maintenance and servicing of public landscaping and street lighting; and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Districts identified in Exhibit “A” for the purpose of installing, constructing, operating and maintaining landscaping and lighting improvements for the benefit of the parcels of land within the Districts.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:

1. The City Council hereby initiates proceedings for the annual levy of assessments for the Districts identified in Exhibit “A” pursuant to the Landscaping and Lighting Act of 1972 for the purpose of the following improvements during fiscal year 2025-2026:
a) the installation or construction of statuary, fountains and other ornamental structures and facilities;
b) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals;
c) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and
e) the maintenance and servicing of any of the foregoing.

2. The Public Works Director, or his/her designee, of the City of Shafter is hereby designated as the assessment engineer and is ordered to prepare and file with the City Clerk a report in accordance with Section 22623 of the Landscaping and Lighting Act of 1972 for the annual levy proceedings for all existing Districts identified in Exhibit “A” as required by Chapter 3 of the Act.

Shafter City Council Resolution No. 3024
June 17, 2025

PASSED, APPROVED AND ADOPTED 17th DAY OF JUNE, 2025
____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

EXHIBIT “A”
SHAFTER CITY COUNCIL RESOLUTION NO. 3024
June 17, 2025
District No. Developments Served Formation Approval Date LL001-95 Tract 5774 January 9, 1996
LL001-98 Tract 5610
APN 026-321-01 January 9, 1999
LL001-2002 Tract 5856 July 15, 2003
LL001-2005
Tract 6179
Tract 6286
Tract 6287
August 16, 2005
LL002-2005 Tract 6301
Tract 7033 August 16, 2005
LL003-2005
Tract 6222
Tract 6584
Tract 6910
Tract 6936
October 18, 2005
LL004-2005 Tract 6467 December 6, 2005
LL001-2006 Tract 6437, 6713 September 5, 2006
LL001-2007
Tract 6738
Tract 6447
Tract 6540
January 16, 2007
LL002-2007 Tract 6777 July 17, 2007
LL001-2015 Gossamer Grove Specific Plan February 16, 2016 LL001-2021 Tract 7318 August 17, 2021
LL001-2022 Tract 6490 June 7, 2022

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: INTENTION FOR ANNUAL LEVY OF ASSESSMENTS
LANDSCAPING AND LIGHTING 2025-2026

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; adopt Resolution 3025, a Resolution of the City Council of the City of Shafter approving the Engineer’s Reports and declaring intention to Levy and Collect Assessments within existing Landscaping and Lighting Districts (“L&L(s)” for Fiscal Year 2025-2026 Pursuant to the Landscaping and Lighting Act of 1972 for the maintenance and servicing of Lighting and Landscaping, and giving notice of and setting the time and place of the Hearing on the Annual Levy of Assessments.

BACKGROUND
The City manages 14 Landscaping and Lighting Assessment Districts to operate and maintain public streetscapes and street lighting funded through property tax assessments collected from benefiting lot owners. They primarily serve residential neighborhoods built after the mid-1990s within the Core City as well as the Gossamer Grove Development and the Wonderful Industrial Park. The Wonderful Industrial Park L&L will not be levied in Fiscal Year 2025-2026.

Previously, Resolution No. 3024 was adopted to initiate proceedings for the Fiscal Year 2025-2026 annual levy of district assessments.The resolution ordered preparing an engineer’s report for each district to recommend updated annual assessments.

The Public Works Department has prepared the reports for Council consideration and approval, which are on file with the City Clerk. They propose assessment increases of up to 4% to stay current with district costs and inflation for most of the L&Ls. The regional area used as the basis for a potential CPI increase, Los Angeles-Long BeachAnaheim, has a documented increase of 3.29% for the most recent annual period considered. However, increases for all districts without property owner approval are only allowed if they do not exceed a consumer price index (CPI) increase up to a maximum of four percent (4%). While the allowed CPI increase is below the actual increase documented, unanimous property owner approval to increase the assessments beyond the current cap is not likely to be successful, plus a voting initiative would take a considerable amount of staff time and resources to complete.

Therefore, the strategy to address this CPI shortage is to explore operational

INTENTION FOR ANNUAL LEVY OF ASSESSMENTS LANDSCAPING AND LIGHTING 2025-2026 - 2 -
efficiencies and cost-saving measures, if necessary, without reducing the level of service the districts should be funding.

FISCAL IMPACT
Annually, the City budgets both the expected revenue from each district and the costs of each district. These revenues and expenditures are included in the 2025-2026 Annual Operating Budget that is on a meeting agenda for approval by the Council. The assessment amounts reflect, as near as possible, the cost of services in each district.

No budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of intent of an annual assessment levy and therefore, it is the creation of the governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution 3025

2. Exhibit A to Resolution 3025

RESOLUTION NO. 3025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING THE ENGINEER’S REPORT AND DECLARING INTENTION TO LEVY

AND COLLECT ASSESSMENTS WITHIN EXISTING LANDSCAPING AND LIGHTING DISTRICTS FOR FISCAL YEAR 2025-2026 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND

SERVICING OF LIGHTING AND LANDSCAPING, AND GIVING NOTICE OF AND

SETTING THE TIME AND PLACE OF THE HEARING ON THE ANNUAL LEVY OF

ASSESSMENTS
WHEREAS, by previous resolution, the City Council (the “City Council”) of the City of Shafter (the “City”) adopted a Resolution initiating proceedings for the annual levy of assessments for existing Landscaping and Lighting Assessment Districts (the "Districts") identified in Exhibit "A" for fiscal year 2025-2026 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with § 22500) of Division 15 of the Streets and Highways Code, for the street lighting electrical service and maintenance of street lights, street light poles and other street light related appurtenances located within public right-of-way, and maintenance of landscaping including plants, sprinklers, piping, timers, valves, wiring and any other landscaping related expenses located in the dedicated landscaping easements owned by the City.

WHEREAS, by said Resolution the City Council ordered the Public Works Director, or his/her designee, of the City of Shafter (the “Engineer”) to prepare and file a report with the City Clerk in accordance with Article 4 (commencing with § 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code; and
WHEREAS, said Engineer has filed such report with the City Clerk, and such report has been presented to and considered by the City Council.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:

Section 1. Intention. The City Council hereby declares its intention to levy and collect assessments within the Districts listed in Exhibit “A” during the fiscal year 2025-2026 pursuant to the Landscaping and Lighting Act of 1972. The areas to be assessed are located in the City of Shafter, Kern County. The general locations of the Districts are provided in Exhibit “A”.

Section 2. Purpose. The purpose of the Districts listed in Exhibit “A” is for the street lighting electrical service and maintenance of street lights, street light poles and other street light related appurtenances located within public right-of-way, and maintenance of landscaping including plants, sprinklers, piping, timers, valves, wiring and any other landscaping related expenses located in the dedicated landscaping easements owned by the City.

Section 3. Improvements. The improvement provided in the Districts identified in Exhibit “A” pursuant to the Landscaping and Lighting Act of 1972 for fiscal year 2025-2026 are as follows:
a. the installation or construction of statuary, fountains and other ornamental structures and facilities;

Shafter City Council Resolution 3025
June 17, 2025

b. the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals;
c. the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
d. the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and
e. the maintenance and servicing of any of the foregoing.

Section 4. Report. The report of the Engineer for each of the Districts, on file with the City Clerk and considered by the City Council at the meeting at which this Resolution has been adopted, is hereby approved. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the Districts and any zones therein, and the proposed annual assessments upon assessable lots and parcels of land within the Districts listed in Exhibit “A,” which are not proposed to be increased from the previous fiscal year except for certain inflationary increases under the existing methodology.

Section 5. Time and Place of Hearing. On July 15, 2025, at the hour of 6:00 p.m., during the course of its regularly scheduled meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessments. Said meeting is open to the public and all persons interested are invited to attend and be heard. Any person wishing to be heard, or wishing to present evidence either for or against the approval of the action, is hereby notified and directed to either appear at the time and place aforesaid or send written comments at or prior to the meeting to the City Clerk at City Hall, 336 Pacific Avenue, Shafter, CA 93263. Should anyone challenge any proposed action which is the subject of the meeting listed on this notice, that person may be limited to raising those issues addressed at the meeting, or in written correspondence delivered to the City Clerk at or prior to the meeting.

You are encouraged to observe the City Council meeting live via YouTube https://www.youtube.com/user/CityofShafer/. If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 5:00 P.M. on Tuesday, July 15, 2025 to the City Clerk at [email protected]. If you wish to make a written comment please submit your comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263. If you wish to make a comment during the live meeting by joining the conference via Zoom (include making live comments during the public comment period), callers must first register with the City Clerk at [email protected] before the meeting begins to receive instructions and the call-in number and code. All public comments are provided to the City Council and applicable Staff, for review and consideration by the Council prior to taking action on any matters listed on the agenda and are incorporated into the official record of the City Council meeting.

Section 6. Notice. In accordance with Streets & Highways Code Section 22626(a), the City Clerk shall give notice of the time and place of said hearing prior to the date of the public hearing.

Shafter City Council Resolution 3025
June 17, 2025

PASSED, APPROVED AND ADOPTED 17th DAY OF JUNE, 2025.

Chad Given, Mayor Date
ATTEST:

Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:

Marco A Martinez, City Attorney Date

EXHIBIT “A”
SHAFTER CITY COUNCIL RESOLUTION NO. 3025
June 17, 2025
District No. Developments Served Formation Approval Date LL001-95 Tract 5774 January 9, 1996
LL001-98 Tract 5610
APN 026-321-01 January 9, 1999
LL001-2002 Tract 5856 July 15, 2003
LL001-2005
Tract 6179
Tract 6286
Tract 6287
August 16, 2005
LL002-2005 Tract 6301
Tract 7033 August 16, 2005
LL003-2005
Tract 6222
Tract 6584
Tract 6910
Tract 6936
October 18, 2005
LL004-2005 Tract 6467 December 6, 2005
LL001-2006 Tract 6437, 6713 September 5, 2006
LL001-2007
Tract 6738
Tract 6447
Tract 6540
January 16, 2007
LL002-2007 Tract 6777 July 17, 2007
LL001-2015 Gossamer Grove Specific Plan February 16, 2016 LL001-2021 Tract 7318 August 17, 2021
LL001-2022 Tract 6490 June 7, 2022

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: CONGESTION MITIGATION AND AIR QUALITY CMAQ

PROGRAM

RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 3026, a Resolution of the City Council of the City of Shafter Authorizing the filing of an application for Congestion Mitigation and Air Quality (CMAQ) program and committing the necessary local match and stating the assurance to complete the project.

BACKGROUND
The Kern Council of Governments (KernCOG) has announced that local agencies must submit applications for federal funding through the Congestion Mitigation and Air Quality (CMAQ) Program for Fiscal Years 2026-2027 and 2027-2028 by July 17, 2025.

The CMAQ program supports projects that reduce emissions and improve air quality.

Applications are competitively evaluated by the Transportation Technical Advisory Committee (TTAC) based on emission reductions, cost-effectiveness, safety improvements, and livability enhancements.

City Staff have identified paving shoulders on Lerdo Highway from Beech Avenue to Cherry Avenue as a priority project eligible for CMAQ funding. This project aims to pave the existing dirt shoulders along both sides of Lerdo Hwy where there are no improvements, enhancing safety for motorists and cyclists, reducing dust emissions, and contributing to improved air quality in the area.

FISCAL IMPACT
The total estimated project cost is $730,000, which includes $650,000 in requested CMAQ funding and a required local match of $85,000. If the application is successful and the project is awarded funding, the City will need to allocate local matching funds.

Staff will ensure that future City budgets are structured to provide the necessary match alongside the federal funds.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a funding application for future road improvements that will undergo further Council approvals and as-needed environmental clearance and therefore, it is the creation of a governmental funding mechanism or

CONGESTION MITIGATION AND AIR QUALITY CMAQ PROGRAM
- 2 -
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
Not Applicable

ATTACHMENTS

1. Resolution 3026

RESOLUTION NO. 3026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING THE FILING OF AN APPLICATION FOR CONGESTION

MITIGATION AND AIR QUALITY (CMAQ) PROGRAM AND COMMITTING THE

NECESSARY LOCAL MATCH AND STATING THE ASSURANCE TO COMPLETE

THE PROJECT
The City of Shafter (herein referred to as “APPLICANT”) is submitting an application to the Kern Council of Governments (Kern COG) for $650,000 in funding from the CONGESTION MITIGATION AND AIR QUALITY (CMAQ) program for program for the

1. Lerdo Hwy Shoulder Paving – Beech Ave. to Cherry Ave. (herein referred to as PROJECT); and:

APPLICANT has the financial capacity to complete, operate and maintain the project; and
APPLICANT will ensure that funds required from other sources will be reasonably expected to be available on the time frame needed to carry out the project; and APPLICANT is authorized to execute and file an application for funding the PROJECT under the CONGESTION MITIGATION AND AIR QUALITY (CMAQ) Program; and APPLICANT, by adopting this resolution, does hereby state that:

1. APPLICANT will provide a minimum of $85,000 in local matching funds; and

2. APPLICANT understands that the CONGESTION MITIGATION AND AIR QUALITY (CMAQ) funding for the project is fixed at the approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional CONGESTION MITIGATION AND AIR QUALITY (CMAQ) funding; and

3. APPLICANT understands the funding deadlines associated with these funds and will comply with the program implementation procedures described in Chapter 2 of the Kern COG Project Delivery Policies and Procedures manual; and

4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the FTIP; and

5. APPLICANT and the PROJECT will comply with the requirements as set forth in the program; and
APPLICANT authorizes its Executive Director, General Manager, City Manager or designee to execute and file an application with Kern COG for CONGESTION MITIGATION AND AIR QUALITY (CMAQ) funding for the PROJECT as referenced in this resolution.

Shafter City Council Resolution No. 3026
June 17, 2025

PASSED AND ADOPTED ON THIS 17th DAY OF JUNE, 2025
____________________________________
Chad Givens, Mayor
ATTEST:
____________________________________
Yazmina Pallares, City Clerk

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: STREET IMPROVEMENTS REGIONAL SURFACE
TRANSPORTATION PROGRAM FUNDING 2025

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 3027, a Resolution of the City Council of the City of Shafter authorizing the filing of an application for Regional Surface Transportation Program (RSTP) funding and committing the necessary local match and stating the assurance to complete the project”.

BACKGROUND
The Kern Council of Governments (KernCOG), the Metropolitan Planning Organization for Kern County, notified its member agencies that they must file project applications for federal funding through the Regional Surface Transportation Program (RSTP) for FY 2026-2027 and FY 2027-2028 by July 17, 2025. The estimated RSTP Funding amount for both fiscal years eligible to Shafter totals $761,000.

KernCOG further requested that each agency applying for RSTP funds adopt a resolution committing to provide the required local matching funds, as well as meet other contract requirements, to receive the funding. Based on these considerations, Public Works developed a list of projects that can benefit from RSTP funding, which are listed as follows in order of priority:

1. Lerdo Highway Resurfacing (Chip Sealing) - Beech Avenue to Zerker Road

2. Central Avenue Reconstruction – Walker Street to Calloway Street These projects are listed in Resolution 3027, which the Council must adopt before submission to KernCOG.

FISCAL IMPACT
There is no immediate budget action required; however, City staff will ensure inclusion of necessary matching funds in future budget cycles if the projects are programmed for funding.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a funding application for future road

STREET IMPROVEMENTS REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING 2025
- 2 -
improvements that will undergo further Council approvals and as-needed environmental clearance and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Resolution 3027

RESOLUTION NO. 3027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING THE FILING OF AN APPLICATION FOR REGIONAL SURFACE

TRANSPORTATION PROGRAM (RSTP) FUNDING AND COMMITTING THE

NECESSARY LOCAL MATCH AND STATING THE ASSURANCE TO COMPLETE

THE PROJECT
The City of Shafter (herein referred to as “APPLICANT”) is submitting an application to the Kern Council of Governments (Kern COG) for $761,000 in funding from the REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDING for the following projects:

1. Lerdo Hwy Resurfacing (Chip Sealing) – Beech Ave. to Zerker Rd.

2. Central Ave Reconstruction – Walker St. to Calloway St.

APPLICANT has the financial capacity to complete, operate and maintain the project; and APPLICANT will ensure that funds required from other sources will be reasonably expected to be available on the time frame needed to carry out the project; and APPLICANT is authorized to execute and file an application for funding the PROJECT under the REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDING Program; and
APPLICANT, by adopting this resolution, does hereby state that:

1. APPLICANT will provide a minimum of $98,595.62 in local matching funds; and

2. APPLICANT understands that the REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDING for the project is fixed at the approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDING; and

3. APPLICANT understands the funding deadlines associated with these funds and will comply with the program implementation procedures described in Chapter 2 of the Kern COG Project Delivery Policies and Procedures manual; and

4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the FTIP; and

5. APPLICANT and the PROJECT will comply with the requirements as set forth in the program; and
APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with Kern COG for REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) funding for the PROJECT as referenced in this resolution.

Shafter City Council Resolution 3027
June 17, 2025

PASSED AND ADOPTED ON THIS 17th DAY OF JUNE, 2025
____________________________________
Chad Givens, Mayor
ATTEST:
____________________________________
Yazmina Pallares, City Clerk

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director, Michael James, Public Works Director
SUBJECT: BIDDING AND PROCUREMENT PROCEDURES UPDATE

ORDINANCE ADOPTION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and introduce for second reading by title only, waive further reading, and adopt Ordinance 768, An Ordinance of the City Council of the City Of Shafter, California, Amending and Restating Chapter 2.68 of the Shafter Municipal Code relating to the City’s Purchasing and Public Bidding Procedures.

BACKGROUND
Chapter 2.68 of the Shafter Municipal Code establishes purchasing and bid procedures for the procurement of equipment, supplies, materials, services, and projects. This chapter was last updated in 1990, and in the thirty-five years since, the nature of purchasing has changed substantially for local governments with the introduction of secure electronic bidding technologies, cooperative purchasing partnerships, and state mandated environmentally preferable purchasing practices. The market has also changed substantially between 1990 and 2025, as the U.S. inflation rate averaged 2.83 percent a year, resulting in a cumulative inflation rate of 166 percent, and the California minimum wage has increased from $3.35 an hour to $16.50 an hour. These changes necessitate an update not just of procedures but also of the dollar thresholds for purchasing to ensure that the City can operate efficiently and effectively in today’s purchasing market.

SUMMARY OF THE AMENDED PURCHASING AND BIDDING PROCEDURES The Bidding and Procurement Policy Summary Sheet (Attachment 1) categorizes items to be procured into four groups: 1) equipment, supplies and materials, 2) general services, 3) professional services, and 4) construction/public works projects as defined in Section 2-68-20. Public works projects are defined according to State standards (Section 2-68-20(2)(c)) as procurement and bidding procedures must align with state statutes for public projects.

The dollar threshold of each purchase defines the signing authority and bidding procedure necessary for each purchase. A purchase is a single transaction. If a procurement includes multiple or recurring purchases over a span of time, the entire

BIDDING AND PROCUREMENT PROCEDURES UPDATE ORDINANCE ADOPTION - 2 -
contract amount over the term of the agreement is used to determine the signing authority. A contract cannot be split or separated into smaller components to reduce the required signing authority.

Signing authority occurs at the department level for purchases under $10,000.00, at the City Manager level for purchases from $10,000.01 to $25,000.00, and at the City Council level for purchases over $25,000.01. The disposition of surplus materials and equipment by the purchasing officer occurs at the same authority levels and dollar amounts to maintain policy consistency (Section 2-68-60).

A purchase of goods or services under $10,000.00 may be made without a competitive process (Section 2-68-210), Staff will survey the market and make recommendations for procurement based on a market analysis and the City’s needs. Purchase orders may be used for small dollar procurements under $5,000.00. For procurements over $5,000.01, a written contract is required.

An informal bidding process (Section 2-68-220) is required for procurements between $10,000.00 and $100,000.00. In an informal bid process, Staff will develop standards and qualifications for the procurement and contact vendors to request a minimum of three (3) quotes. Quotes may be received orally or in writing, and Staff will gather and analyze responses to make a recommendation for procurement based on the City’s needs to the lowest qualified bidder. The City is not required to award to the lowest bidder in an informal process, the City may consider its defined needs in issuing an award as well as the competency and qualifications of the contractor. For professional services (engineering, architectural, legal, etc.) the award is based on demonstrated competence or fitness for the particular service provided. Prices may be negotiated further upon selection of the bidder.

A formal bidding process is required for procurements over $100,000.01 (Section 2-68- 230). In a formal bidding process, the City typically prepares specifications and standards, develops a sample contract, advertises the opportunity, and receives sealed bids for consideration in awarding the contract. For public projects, an award is to the lowest responsible and responsive bidder, in accordance with the City’s needs. For professional services, an award is to be given to the most qualified bidder, in accordance with the City’s needs.

Exemptions to competitive bidding requirements may apply in the case of a declared emergency, due to “piggybacking” on a cooperative purchasing agreement completed by another governmental agency, due to market limitations (single source procurement), due to proprietary restrictions (sole source procurement), or other situations that are noted in Section 2-68-30(b).

Some other notable changes and highlights are as follows:
• Local preferences in purchasing are included in Section 2-68-250. • Environmentally preferable purchasing practices are included in Section 2-68- 270. The City has approved an interim environmentally preferable purchasing

BIDDING AND PROCUREMENT PROCEDURES UPDATE ORDINANCE ADOPTION - 3 -
policy, which provides supplementary guidance that is consistent with state requirements.
• Per Section 2-68-240, the City Manager shall provide a quarterly report to the City Council listing all contracts and their approved amounts.

At its June 3, 2025 meeting, the Council authorized the introduction of Ordinance 768 to incorporate the desired changes in the Municipal Code for first reading by title only, allowing the second reading and formal adoption at tonight's meeting.

FISCAL IMPACT
Adoption of amendments to the City’s purchasing and bidding procedures has no fiscal impact.

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

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Bidding and Procurement Policies Update Summary Table

2. Ordinance 768 Amending and Restating Purchasing and Public Bidding Procedures

17236.01004\43707033.1
DRAFT

CITY OF SHAFTER BIDDING AND PROCUREMENT POLICY SUMMARY SHEET

DOLLAR THRESHOLD & SIGNING AUTHORITY

BIDDING NOT REQUIRED INFORMAL BIDDING FORMAL BIDDING

DIRECTOR DESIGNEE APPROVAL DIRECTOR APPROVAL CITY MANAGER APPROVAL CITY COUNCIL APPROVAL $0-$5,000.00 $5,000.01-$10,000.00 $10,000.01-$25,000.00 $25,000.01-$100,000.00 $100,000.01-ABOVE

EQUIPMENT
/SUPPLIES/ MATERIALS:

Furniture, hoses, parts, pipe
manholes, office supplies,
fuel, tools, PPE items,
computer software/hardware,
etc.
 Vendor selection at discretion of
Department Head or Department
Head designee.
 Credit card allowed.
 Vendor Selection at
discretion of Department
Head
 Vendor selection at
discretion of City Manager.
 Requisition Signed by City
Manager
 Document a request for
minimum of three informal
bids or quotes.
 Award Approval by City
Council
 Requisition Signed by City
Manager
 Formal Bid Advertisement
 Sealed Bids
 Award Approval by City
Council
 Requisition Signed by City
Manager
GENERAL SERVICES:

Janitorial, landscape
maintenance, equipment
repair, installation, graffiti
abatement, service
inspections, uniform cleaning,
etc.
 Vendor selection at discretion of
Department Head or Department
Head designee.
 May require insurance
documents depending on scope/
nature of work.
 Vendor selection at
discretion of Department
Head.
 Standard Agreement
Signed by Department
Head.
 Vendor selection at
discretion of City Manager.
 Standard Agreement Signed
by City Manager
 Document a request for a
minimum of three informal
bids or quotes.
 Approval by City Council
 Standard Agreement Signed
by City Manager
 Formal Bid Advertisement
 Sealed Bids
 Approval by City Council
 Standard Agreement Signed
by City Manager
PROFESSIONAL SERVICES:

Consultants, architects,
designers, auditors, etc.
 Vendor selection at discretion of
Department Head or Department
Head designee.
 Standard Agreement Signed by
Department Head.
 Insurance coverage as
recommended by the City
Attorney.
 Vendor selection at
discretion of Department
Head.
 Standard Agreement
Signed by Department
Head.
 Qualifications based
selection procedures
 Vendor selection at
discretion of City Manager.
 Standard Agreement Signed
by City Manager
 Qualifications based
selection procedures
 Document a request for a
minimum of three informal
proposals.
 Approval by City Council
 Standard Agreement Signed
by City Manager
 Qualifications based
selection procedures
 Formal Proposal
Advertisement
 Sealed Proposals
 Approval by City Council
 Standard Agreement Signed
by City Manager
 Qualifications based
selection procedures

CONSTRUCTION/ PUBLIC
WORKS PROJECTS:

Capital improvement project,
building, shed, maintenance
or repair of public facility or
street sidewalk, park
 Vendor selection at discretion of
Department Head or Department
Head designee.
 Standard Agreement Signed by
Department Head.
 Insurance coverage as
recommended by the City
Attorney.
 Vendor selection at
discretion of Department
Head.
 Standard Agreement
Signed by Department
Head.
 Vendor selection at
discretion of City Manager.
 Standard Agreement Signed
by City Manager
 Document a request for a
minimum of three informal
bids or quotes.
 Award Approval by City
Council
 Standard Agreement Signed
by City Manager
 Pre-Bid Authorized by
Council.
 Formal Bid Advertisement
 Sealed Bids
 Standard Agreement Signed
by City Manager

1. Cooperative Purchasing/CMAS/LPA shall be governed by the same limit thresholds for budget authority as indicated in the table above.

ORDINANCE NO. 768

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA, AMENDING AND RESTATING CHAPTER 2.68 OF THE SHAFTER MUNICIPAL CODE RELATING TO THE CITY’S PURCHASING AND PUBLIC

BIDDING PROCEDURES
WHEREAS, the City Council of the City of Shafter, is authorized by Sections 54202 and 54203 of the California Government Code to adopt and revise regulations pertaining to purchases of supplies and equipment; and
WHEREAS, the City Council of the City of Shafter, has by resolution elected to become subject to the California Uniform Construction Cost Accounting Act, California Public Contract Code Sections 22000 through 22045; and
WHEREAS, as a result of that election, the City Council of the City of Shafter, is authorized and required by Sections 22030, et seq. of the California Public Contract Code to adopt and revise regulations pertaining to the contracting for public projects; and WHEREAS, the California Government Code Section 53060, authorizes the legislative body of a City public to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required, without awarding to the lowest bidder; and
WHEREAS, the City Council of the City of Shafter finds that sound financial practices dictate the adoption of uniform bidding and contracting procedures for supplies, equipment and public projects; and
WHEREAS, Ordinance No. 428, establishing purchasing and public bid procedures was adopted in July of 1990 and is in need of updating and modernizing; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2.68 of the Shafter Municipal Code is hereby amended and restated in its entirety to read as follows:

Chapter 2.68

PURCHASING AND PUBLIC PROJECTS BID PROCEDURES

2.68.010 Purchasing Officer--Office Created

2.68.020 Purchasing Procedures, Authority & Policies

2.68.030 Purchasing Officer--Powers and Duties

2.68.040 Contracting Requirements

2.68.050 Encumbrance of Funds

2.68.060 Budget Amendments

2.68.070 Inspection and Testing

Shafter City Council Ordinance No. 768
June 17, 2025

2.68.080 Surplus Supplies and Equipment

2.68.090 Bid Contract Officer--Office Created

2.68.100 Bid Contract Officer--Powers and Duties

2.68.110 Selecting the Appropriate Procurement Method

2.68.120 Adoption of Plans & Scope of Work

2.68.130 Splitting Work Orders

2.68.140 Contractors List--Public Works Projects

2.68.150 Purchasing Procedures--Public Works Projects Under $10,000.00

2.68.160 Purchasing Procedures--Public Works Projects Between $10,000.01 and $25,000.00

2.68.170 Purchasing Procedures--Public Works Projects Between $25,000.01 and $100,000.00

2.68.180 Formal Bid Procedures--Public Works Projects Greater than $100,000.01

2.68.190 Emergencies--Public Works Projects

2.68.200 Purchases of Supplies, Equipment and Professional and General Contractual Services of Under $5,000.00

2.68.210 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services Between $5,000.01 and $25,000.00

2.68.220 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services Between $25,000.01 and $100,000.00

2.68.230 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services over $100,000.01

2.68.240 City Council Authorizes City Manager to Sign Purchase Orders, Contracts and Agreements

2.68.250 Local Preference

2.68.260 Auctions – City Manager Authority

2.68.270 Environmentally Preferable Purchasing and Practices

2.68.010 Purchasing Officer--Office Created.

There is created the position of purchasing officer who shall be appointed by the City Manager.

2.68.020 Purchasing Procedures, Authority & Policies.

General Category of Purchases. City purchase categories generally consist of the following, for which different procurement methods may apply:
(a) Goods. The purchase of goods consists of materials, equipment and supplies needed by any department.
(b) Services. City staff may require contracts for services, which fall into two categories:

1. General Services. Services rendered such as custodial services, building/ equipment maintenance, and machinery/equipment rental, excluding contracts for public works projects or professional services.

Shafter City Council Ordinance No. 768
June 17, 2025

2. Professional Services. Services provided by a person or firm engaged in furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.
(c) Public Works Projects. Public works pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. Maintenance required to preserve a public improvement is not considered a public work.

Authority to Award Contracts. The following section outlines the various contract award authorities established under the City’s Purchasing System. (a) Award Authority. Contract award authority is established by dollar threshold for each of the following entities:

1. City Council. Purchases or contracts for goods and services and public works contracts exceeding $25,000.01, must be awarded by the City Council.

2. City Manager. Purchases or contracts for goods and services, and public works contracts of between $10,000.01 and $25,0000.00 may be awarded by the City Manager.

3. Department Directors/Heads. As authorized by the City Manager, Department Heads may make purchases or contracts for goods and services and public works contracts of between $5,000.01 and $10,000.00.

4. Staff Authorized by Department Directors/Heads. Purchases or contracts for goods and services and public works projects of up to $5,000.00 may be made at the staff level as designated by Department Heads.

Authority to Legally Bind City. Unless specifically authorized as established in this section or elsewhere in City policy, staff other than the City Manager and Department Heads cannot enter into contractual arrangements to purchase goods or services or otherwise legally bind the City for such purchases.

Award Authority Determined by One Transaction. For the purpose of determining the appropriate award authority, contract amounts are defined by what constitutes a single or one transaction. This rule also applies to competitive bidding (the estimate of dollar value of the transaction dictates the level of bidding required).
(a) One-time Purchases. Each discrete, one-time purchase is a single transaction. If the transaction spans multiple years (calendar or fiscal), the entire contract amount over the contract term shall be used.

Shafter City Council Ordinance No. 768
June 17, 2025

(b) Blanket Purchase Orders. The contract term of a blanket purchase order is generally considered a single transaction, subject to total contract length requirements established in a competitive bidding process.

Examples: A blanket Purchase Order in the amount of $10,000.00 that is issued for vehicle parts for a one-year period is a single transaction. Subsequent annual renewals of the blanket order are considered separate, single transactions, unless the original term of the agreement spans multiple years.

A five-year blanket Purchase Order for on-call maintenance work in the amount of $25,000.00 each year (for a total of $125,000.00) requires Council approval. (c) Contract Amendments. Dollar increases to existing contracts require the sum of the original contract to be added to the amount of the amendment to determine the single transaction value.

Example: The City Manager awards a contract for $75,000.00 and a $30,000.00 amendment is required. The resulting transaction is $105,000.00, now requiring Council approval.
(d) All insurance requirements and minimum amounts shall be established and verified by the City’s Risk Manager, in consultation with the City Attorney.

City Manager Authority. The City Manager or designee shall:
(a) Prepare and recommend to the City Council rules governing the purchase of supplies, services and equipment for the City;
(b) Prepare and recommend to the City Council revisions and amendments to the purchasing rules;
(c) Prepare and implement additional internal controls and prepare necessary administrative policies and manuals to ensure compliance with City Council adopted policy.

2.68.030 Purchasing Officer--Powers and Duties.
(a) The purchasing officer shall have the authority to:

1. Purchase or contract for supplies, services and equipment required by any using agency or department in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing department and such other rules and regulations as shall be prescribed by the City Council or City Manager;

2. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;

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3. Act to procure for the City the needed quality in supplies, services and equipment at least expense to the City;

4. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

5. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

6. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations, including secure electronic vendor, bid, and document management procurement software systems;

7. Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications as prescribed by this chapter.

8. Recommend the transfer of surplus or unused supplies and equipment between agencies or departments as needed, and the sale of all supplies and equipment which cannot be used by any agency or which become unsuitable for City use;

9. Maintain a bidder’s list, vendor’s catalog file and records needed for the efficient operation of the purchasing department;
(b) Exemptions
The purchasing officer, with the approval of the City Manager, may authorize in writing any agency or department to purchase or contract for supplies, services and equipment independently of the purchasing department, but shall require that such purchases or contracts be made in conformity with the procedures established by this chapter and may further require periodic reports from the agency or department on the purchases and contracts made under such written authorization.

The following may be appropriately justified as exemptions to the competitive bidding requirement:

1. Emergency procurements as defined herein.

2. Contractual or construction costs from public utility companies to engineer or obtain services necessary for city projects or to relocate their facilities.

3. Situations where solicitations of bids or proposals would for any reason be unavailing or impossible.

4. Professional or specialized services as defined in Subsection 2.68.20(b), General Categories of Purchases.

5. Public library collection materials.

6. Insurance, bonds or financial services.

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7. Single or sole source goods or services as defined herein.

8. Highly specialized equipment developed or designed for a special activity or function or whose purpose is in the best interests of the City due to compatibility with existing equipment or training of personnel.

9. Procurements funded by grants, donations or gifts when any special conditions require the purchase of particular materials and/or services.

10. Purchase of surplus property owned by another public entity, or payment to other public entities or utilities.

11. Membership dues, conventions, training, travel arrangements, or advertisements in magazines, newspapers, or other media.

12. Works of art, entertainment or performance.

13. Goods procured for resale to the public.

14. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such situations the Awarding Authority may proceed to have the goods procured or services performed without further competitive bidding.

15. Computer software license or subscription renewals.

16. Refuse, solid waste, recycling and similar services.

17. Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Officer may:
a. Limit bidding to a specific product type, or a brand name product; or b. Utilize a request for proposal approach where warranties, service and/or maintenance obligations, and product performance will be evaluated in addition to the price of the product. The award of the contract should be to the proposer which staff deems is in the best public interest.

18. Sole Source Purchases. Unique commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing City products are exempt from the competitive bidding requirements and are deemed sole source purchases. Sole source purchases may also include proprietary items sold direct from the manufacturer. a. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the Awarding Authority and forwarded to the Purchasing Officer.

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b. Approval of any sole source acquisition shall be obtained from City Council for an award of a contract for an amount exceeding Twenty-Five Thousand ($25,000.00) Dollars.

19. Cooperative and Piggyback Purchasing. The requirements of this chapter shall not apply to purchasing of any equipment or supplies which the Purchasing Officer determines to be in the best interest of the City obtained through a cooperative competitive bidding procedure or a “piggyback” contract prepared by and processed through another local, state, or federal governmental agency or joint powers authority made up of government agencies, including but not limited to the California Multiple Award Schedules (CMAS), California Communities, US Communities, General Services Administration (GSA) or Government Wide Acquisition Contracts (GWAC). The dollar limits shall be the equivalent to or better than that provided to the other agency or cooperative entity pursuant to the cooperative or piggyback contract awarded by the other agency or schedules approved by the cooperative entity. Approval of any cooperative and piggy-back purchase shall be obtained from City Council for an award of a contract for an amount exceeding Twenty-Five Thousand ($25,000.00) Dollars.

2.68.040 Contracting Requirements.

The following section explains the various contracting requirements associated with making purchases with City funds.
(a) Contract Award. A contract is not considered to be awarded until it is approved by the appropriate award authority, i.e., the City Council, City Manager or authorized department head as described in section 2.68.20.
(b) Standard Contract Terms and Conditions. Use of the city’s standard contracts (or terms and conditions for purchase orders) provided by the City Attorney are preferable to using vendor-provided contracts. If presented with a vendor-provided agreement, staff should attempt to replace it with the city’s standard agreement or standard terms and conditions for purchase orders. The purchasing officer can assist with the negotiation process as necessary.
(c) Written Contract Requirement. Written contracts on city templates provided by the City Attorney are required for services with a value of $5,000.01 or more. Services with a value equal to or less than $5,000.00 may be paid with purchase orders with standard terms and conditions unless compelling factors such as liability or risk dictate the use of a written agreement. All professional service agreements and public works projects shall require execution of a written contract. (d) City-provided Scope of Work Requirement. Contracts should include a welldefined scope of work provided by city staff and the use of consultant or vendorprovided scope should be minimized to the greatest extent possible. (e) No Contract Splitting. Under no circumstances can any contract be split or separated into smaller components to determine the appropriate award authority or for any other purpose.

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(f) Contract Types. The city utilizes several different types of contracts depending on the nature of the purchase and requirements of the City Risk Manager.

1. Purchase Orders. Purchase orders are used to make discrete, non-recurring purchases of goods and/or services. Depending on the cost and complexity of the purchase, a written agreement may be required. Purchase orders are required for most city transactions.

2. Blanket Purchase Orders. Blanket purchase orders are term contracts, usually established for one-year periods for routine, recurring or as-needed purchases of goods and/or services. Blanket purchase orders can be renewed annually according to the terms established through competitive bidding or negotiation, or as approved by the appropriate award authority. Blanket purchase orders may also be established for multiyear periods and/or as master goods/services agreements.

Blanket purchase orders may be established for as-needed small construction or maintenance projects and/or for urgent or emergency repairs where time is of the essence. These types of arrangements are referred to as Job Order Contracts (JOCs) and are bid on a unit cost basis with contracts awarded based on not-to-exceed amounts approved by the appropriate award authority.

3. Service Agreements. Depending on the cost and complexity, agreements may be required for general or professional services. These are referred to as General Services Agreements (GSAs), Professional Services Agreements (PSAs), Letter Agreements, Master Service Agreements (MSAs) or Master Professional Service Agreements (MPSA).

4. Confirming Orders. Confirming orders are written purchase orders that confirm previously placed verbal orders. This form of contract may be utilized for urgent or emergency purchases but requesting departments must use prudent judgment. (g) Key Contracting Prerequisites. Contractors or vendors conducting business in the city or working on city property or in city rights-of-way must be properly licensed, insured, and otherwise comply with all lawful requirements such as obtaining a business license as required by the Finance Department and having appropriate insurance coverage as required by the Risk Manager. The contractor or vendor must include the City of Shafter as an “additional insured” on their insurance policy and provide up-to-date insurance certificates with required policy endorsements. These requirements must be met before any work can commence.

2.68.050 Encumbrance of Funds.

Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, services and equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

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2.68.060 Budget Amendments.

The City Manager may approve line item transfers of funds within the same Department so long as the total Departmental budget is not increased. The City Council may approve an increase in a Departmental budget by minute order or by separate resolution.

2.68.070 Inspection and Testing.

The purchasing officer or designee shall inspect supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have the right to waive any defect or informality. The purchasing officer shall have the authority to require chemical and physical tests of samples, submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with required specifications.

2.68.080 Surplus Supplies and Equipment.

All using agencies and departments shall submit to the purchasing officer, at such time and in such form as prescribed, reports showing all supplies and equipment no longer used or which have become obsolete or worn out. The purchasing officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or department or which have become unsuitable for City use or to exchange the same or to trade on new supplies and equipment. Such sales shall be pursuant to Section 2.68.200 et seq.

2.68.090 Bid Contract Officer--Office Created.

There is created the position of bid contract officer who shall be appointed by the City Manager.

2.68.100 Bid Contract Officer--Powers and Duties.

The bid officer shall have the authority to:
(a) Discourage uniformed bidding and endeavor to obtain as full and open competition as possible on all purchases;
(b) Maintain such forms as reasonable and necessary to the operation of bid procedures and of the rules and regulations, including secure electronic vendor, bid, and document management procurement software systems;
(c) Maintain a bidders list and such other records as needed for the effective and legal operation of bid procedures; and
(d) Supervise and perform all duties and obligations required by the City in connection with initiating and conducting bidding procedures.

The purchasing officer and the bid contract officer shall coordinate their work in order to efficiently operate bidding procedures in connection with the purchases of supplies, services and equipment. All requests for purchases of supplies, services and equipment made by City agencies

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and departments shall be first directed to the purchasing officer. The purchasing officer shall then forward such requests of the agency or department to the bid contract officer.

2.68.110 Selecting the Appropriate Procurement Method.

To select an appropriate procurement method, employees should know the category of purchase (type of goods, services or public works project) and have an estimated cost in mind. For goods and services purchases, competitive bidding and approval thresholds are determined by each transaction.
(a) Goods and Services Transactions $10,000.00 or Less. Goods and services $10,000.00 or less may be made without a competitive process. However, nothing should preclude employees from “value shopping” to help ensure that the best possible value is being obtained in exchange for public funds. (b) Goods and Services Purchases between $10,000.01 and $100,000.00. Goods and services purchases with an estimated value of between $10,000.01 and $100,000.00 in a single transaction must be procured using informal bidding or proposal procedures established in Subsection 2.068.220. A request for a minimum of 3 bids must be documented.
(c) Goods and Services Purchases over $100,000.01. Goods and services purchases with an estimated value of over $100,000.00 in a single transaction must be procured using formal bidding or proposal procedures established in Subsection

2.68.230 (Purchasing Procedures).
(d) Exemption from Award to Lowest Bid for Professional Services. Notwithstanding the anticipated cost of professional services, awards shall be made based on demonstrated competence and/or fitness for the particular professional service required.
(e) Public Projects. Public projects anticipated to exceed $100,001.00 must be conducted through sealed bidding and awarded by the City Council, in accordance with the formal bidding procedures established in Subsection 2.68.230. For purposes of this Code, “Public Projects” or “Public Works Projects” means any of the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility.

2. Painting or repainting of any publicly owned, leased or operated facility.

3. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

4. “Public Projects” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:

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a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways of less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate and maintain publicly owned water or waste disposal systems or city owned utility.
f. For purposes of this section, “facility” means any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement.

2.68.120 Adoption of Plans & Scope of Work.

The City Engineer or his designee shall approve the plans, specification and working details of all public works projects. The City Council shall authorize bid requests for all Public Works projects in excess of $100,000 and shall approve and adopt the plans, specifications, and working details for all Public Works projects in excess of $25,000 prior to commencing construction. The City Engineer is delegated authority to approve and adopt the plans, specifications, and working details for all Public Works projects less than or equal to $25,000.

Upon the recommendation of the Public Works Director and City Attorney, the City Council shall have the authority to require a performance bond and other bonds before entering a contract in such amount as it shall find reasonable and necessary to protect the best interests of the City. If the City Council requires such bond(s), the amount of the bond shall be described in the notice inviting bids and its form shall be determined by the City Attorney.

The City Council shall approve the scope of work for any purchases of equipment, supplies, materials, and professional or general contractual services exceeding One Hundred Thousand Dollars ($100,000.01) before these are bid.

2.68.130 Splitting Work Orders.

Public work projects and/or purchase of supplies, services and equipment shall not be split into smaller work orders or projects for the purpose of abating the provisions of this chapter requiring formal or informal bidding.

2.68.140 Contractors List--Public Works Projects.

A list of qualified contractors, identified according to categories of work, shall be developed and maintained by the bid contract officer or their designee.

2.68.150 Purchasing Procedures--Public Works Projects Under $10,000.00.

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Public works projects of Ten Thousand Dollars ($10,000.00) or less may be performed by the employees of the City by force account, by negotiated contract, by purchase order, or be let to contract by the Department Head

2.68.160 Purchasing Procedures--Public Works Projects Between $10,000.01 and $25,000.00.

Public works projects greater than Ten Thousand Dollars and One Cent ($10,000.01) but less than or equal to Twenty-Five Thousand Dollars ($25,000.00) may be let to contract by the City Manager by force account, by negotiated contract, or by purchase order.

2.68.170 Purchasing Procedures--Public Works Projects Between $25,000.01 and $100,000.00.

Public works projects greater than Twenty Five Thousand Dollars and One Cent ($25,000.01) but less than or equal to One Hundred Thousand Dollars ($100,000.00) may be let to contract by the City Council using the informal procedures set forth herein. (a) The bid contract officer or designee shall mail, fax, or e-mail notices inviting informal bids. The notices shall be mailed to a minimum of three qualified contractors on the list maintained pursuant to Section 2.68.140, unless the product or service is proprietary or another exemption applies. (b) The notices shall be mailed, faxed, or emailed not less than ten (10) calendar days before the opening date of the bids. The notices shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(c) Bids shall be submitted to the bid contract officer or designee who shall keep a record of all informal bids and orders for a period of one (1) year after placement of the bid and/or order. This record, while so kept, shall be open to public inspection.
(d) The City Council is authorized to award informal bid contracts and orders pursuant to this section, but may award contracts using the formal bid procedures at his/her discretion. Orders shall be awarded to the lowest responsible bidder submitting a responsive bid.

2.68.180 Formal Bid Procedures--Public Works Projects Greater than $100,000.01.

Public works projects of greater than One Hundred Thousand Dollars and One Cent ($100,000.01) must be let to contract by the City Council using the formal procedures set forth herein. A secure electronic bidding software platform that performs similar procedures may be substituted by the bid contract officer.
(a) The bid contract officer or designee shall mail, fax, or e-mail notices inviting formal bids. The notices shall be mailed, faxed, or e-mailed to all qualified contractors on the list maintained pursuant to Section 2.68.140.

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(b) The notices shall be mailed, faxed, or e-mailed no later than ten (10) calendar days before the opening date of the bids. The notices shall distinctly describe the project and state the time and place for the submission of bids. (c) The notice inviting bids shall be published at least ten (10) days before the opening date of the bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation, or, if there is none, it shall be posted in at least three (3) public places in the City that have been designated by ordinance or resolution as the places for placing public notices. (d) Sealed bids shall be submitted to the bid contract officer or designee and shall be identified as bids on the envelope. Bids shall be opened in public by the bid contract officer or designee at the time and place stated in the public notices. A tabulation of all bids shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (e) All bidders on public construction projects shall be required to provide bidder’s security. The bidder’s security shall be an amount equal to, at least, ten percent (10%) of the amount of the bid or as prescribed in the public notice inviting bids.

The bidder’s security shall be in one of the following forms:

1. Cash,

2. Cashier’s check made payable to the City,

3. Certified check made payable to the City,

4. Bidder’s bond executed by an admitted surety insurer, made payable to the City.

The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimate of costs, and publication of notice are paid.

Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid’s security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, faxed, or e-mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of a successful bidder to execute the contract, award the contract to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used or to the surety on the bidder’s bond if a bond is used. The lowest bidder’s security may be applied towards the project bid price. (f) Contracts shall be awarded by the City Council to the lowest responsible bidder submitting responsive bid except as otherwise provided in this Chapter. The decision of the City Council shall be final.
(g) In its discretion, the City Council may reject any bids presented, abandon the project, or re-advertise. After rejecting the bids submitted, the City Council may adopt a resolution by majority vote declaring that the project can be performed more

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economically by employees of the City, and may have the project done by force account without further compliance with this section.
(h) If two (2) or more bids received are the same and lowest, the City Council may accept the one it chooses. If no bids are received, the project may be performed by employees of the City by force account, or by the informal procedures set forth in Section 2.68.140, or by negotiated contract.
(i) The City Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. No defect or informality shall void any contract entered into.
(j) The City Manager or designee may approve change orders which do not exceed ten (10%) percent of the contract price without returning for approval by the City Council.

2.68.190 Emergencies--Public Works Projects.

In cases of great emergency, as determined by the City Council by resolution, including but not limited to, states of emergency as defined in Section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of a public agency or to avoid danger to life, health or property, the City Council, by majority vote, may proceed at once to expend any sum required in the emergency to replace or repair any public facility without adopting plans, specifications, or working details or giving notice for bids as provided in this chapter. The work may be done by day labor under the direction of the City Manager, by contract, or by a combination of the two. The City Council, by majority vote, may delegate to the City Manager the power to declare a public emergency subject to confirmation by the City Council, by a four-fifths majority vote, at its next meeting.

2.68.200 Purchases of Supplies, Equipment and Professional and General Contractual Services of Under $5,000.01.

Purchases of supplies, equipment, professional and general contractual services of an estimated value of Five Thousand Dollars ($5,000.00) or less may be made by the purchasing officer or designee in the open market. Requests and purchases shall be made on forms prescribed and provided by the purchasing officer (material requisition forms and purchase orders). Price may be further negotiated upon selection of the bidder.

2.68.210 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services Between $5,000.01 and $10,000.00.

Purchases of supplies, equipment, professional and general contractual services of an estimated value greater than Five Thousand Dollars and One Cent ($5,000.01), but less than or equal to Ten Thousand Dollars ($10,000.00) shall be made by Department Heads in the open market.

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2.68.220 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services Between $10,000.01 and $100,000.00.

Purchases of supplies, equipment, professional and general contractual services of an estimated value of greater than or equal to Ten Thousand Dollars and One Cent ($10,000.01), but less than or equal to One Hundred Thousand Dollars($100,000.00) shall be made by the City Manager using informal bid procedures as described herein.
(a) Informal bid purchases shall document a request for at least three (3) bids unless the product or service is proprietary or another exemption applies. In the case of purchases of supplies and equipment, the order shall be awarded to the lowest responsible bidder, consistent with quality and delivery requirements. In the case of contractual and professional services, the order shall be awarded to the most qualified bidder, in accordance with the needs of the City. Price may be further negotiated upon selection of the bidder.
(b) The City Manager is authorized to award contracts and orders pursuant to this section.
(c) Bids shall be submitted to the bid contract officer or designee, who shall keep a record of all informal bids for a period of one (1) year after placement of the order.

This record, while so kept, shall be open to public inspection. (d) Exemption from Award to Lowest Bid for Professional Services. Notwithstanding the anticipated cost of professional services, awards shall be made based on demonstrated competence and/or fitness for the particular professional service required. Price may be further negotiated upon selection of the bidder.

2.68.230 Purchasing Procedures--Supplies, Equipment and Professional and General Contractual Services over $100,000.01.

Purchases and contracts for supplies, equipment, professional and general contractual services, and the sale of surplus property of estimated value greater than One Hundred Thousand and One Cent ($100,000.01) shall be let by the formal procedures set forth herein. A secure electronic bidding software platform that performs similar procedures may be substituted by the bid contract officer. (a) The bid contract officer or designee shall mail, fax or e-mail notices inviting formal bids. The notices shall be mailed to all qualified vendors on the bid list or who have requested their name to be added thereto, unless the product or service is proprietary.
(b) The notices shall be mailed, faxed, or e-mailed no later than ten (10) calendar days before the opening date of the bids. The notices shall describe the commodities or services, how to obtain more detailed information and state the time and place for submission of bids.

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(c) The notice inviting bids shall be published at least ten (10) calendar days before the date of opening of the bids. Notice shall be published in a newspaper of general circulation or, if there is none, it shall be posted in at least three (3) public places in the City that have been designated by Ordinance as locations for placing public notices.
(d) For purchases of supplies and equipment, sealed bids shall be submitted to the bid contract officer or designee and shall be identified as bids on the envelope. Bids shall be opened in public by the bid contract officer or designee at the time and place stated in the public notices. A tabulation of all bids shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
(e) Contracts shall be awarded by the City Council consistent with the City’s needs.

The decision of the City Council shall be final.
(f) In its discretion, the City Council may reject any bids presented, abandon the purchase or re-advertise. If two or more bids received are the same and lowest, the City Council may accept the one it chooses. If no bids are received, the contract may be let in the open market or by the informal procedures set forth in Section

2.68.180.
(g) The City Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. No defect or informality shall void any contract entered into.
(h) In the case of professional services, the order shall be awarded to the most qualified bidder, in accordance with the needs of the City. Price may be further negotiated upon selection of the bidder.

2.68.240 City Council Authorizes City Manager to Sign Purchase Orders, Contracts and Agreements.

In accordance with California Government Code, Section 40602, the mayor shall execute all contracts authorized by the City Council. In addition to the mayor, the city manager or their designee is hereby authorized to execute purchase orders, contracts and agreements on behalf of the City when authorized by this Chapter or authorized by the City Council by minute action or resolution.

At least once per quarter, the City Manager shall provide a report to the City Council listing all contracts and their amounts approved pursuant to this Chapter.

2.68.250 Local Preference.
(a) To promote economic development and maintain a healthy economic base in the City of Shafter, as well as encourage businesses to move into the City's jurisdiction, the City supports employment and local business opportunities which in turn promote the City's economic growth. As such, the City has determined it is in its best interest to provide a preference to local vendors.

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(b) Local Preference in Purchasing. In the bidding of, or contracting for procurement of supplies, materials, and equipment as provided in these sections, the Purchasing Officer may give a preference to responsive, responsible, local vendor located in the City of Shafter in an amount not-to-exceed five (5%) percent of the local vendors' total net bid price, not to exceed Five Thousand ($5,000.00) Dollars, whichever is lower. The granting of this local preference shall be approved or not based on a determination by the Purchasing Officer that quantity and quality of the local product is equal to that of the next lowest bidder.

This local preference is not applicable to: (1) bids for public projects as defined by Public Contracts Code Sections 22002, (2) bids funded by grants which prohibit its use, and (3) contracts for professional, management, general, and special services.

2.68.260 Auctions – City Manager Authority.

The City Manager is authorized to dispose of or purchase personal property at auction in compliance with a City Council adopted policy.

2.68.270 Environmentally Preferable Purchasing and Practices. (a) The City shall promote the use of environmentally preferable products through proactive buying practices and reference in bid specifications. (b) All departments shall use environmentally preferable products whenever quality, performance, price, and functionality are comparable to their non-environmentally preferable counterparts.
(c) Departments may, at their option and with purchasing agent concurrence, require procurement of designated environmentally preferable products. However, there shall be a compelling reason for use of designated environmentally preferable products that may not be otherwise cost-effective.
(d) Whenever practical, outside contractors and consultants shall use environmentally preferable products in performing their duties related to city business.’ 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 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), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as defined in Section 15378.

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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 17th DAY OF JUNE, 2025. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: ZONE CODE AMENDMENT NO. 25-21

RECOMMENDATION
City Council conduct public hearing and introduce for first reading, by title only, and waive reading of Ordinance No. 766, an Ordinance of the City Council of the City of Shafter approving Zone Code Amendment No. 25-21, a proposal to amend Title 17 of the Shafter Municipal Code (Zoning Ordinance) to prohibit the establishment of smoke shops, hookah lounges and tobacco stores in all zoning districts within the City of Shafter, as shown in Exhibit "A".

BACKGROUND
Currently, Title 17 of the Shafter Municipal Code (Zoning Ordinance) does not define any zoning regulations for smoke shops, tobacco stores, smoking lounges, or similar land uses. There is no direction or requirements in the local zoning code that governs in which zone districts within the boundaries of the City of Shafter a smoke shop is permissible, conditionally permissible, or prohibited out-right. In theory, the City has no specific zoning policies to restrict the establishment of such uses, and therefore has no ability to protect sensitive land uses and the community from any potential impacts that may arise from proximity to smoke shops, tobacco stores, etc.

In the summer of 2024, the Shafter Police Department became aware that an existing tobacco retailer was engaged in the sale of prohibited products, including cannabis and illegal gambling. Such illegal activities raised concerns about the impacts of such operations on surrounding businesses and the community at-large, including minors and sensitive, adjacent land uses. It also raised concerns about their use as illegal, commercial cannabis stores.

The illegal activities at the subject property ceased thereafter, the tenant/operator of the illegal activities was removed, and other enforcement actions were carried out. The incident caused a review of the City’s current Smoke Shop, Hookah Lounge and Tobacco Store regulations. That review revealed that the City does not have specific regulations governing how or where such uses may operate.

On June 18, 2024, the Shafter City Council adopted Urgency Ordinance No. 756 to establish a 45-day moratorium temporarily prohibiting the establishment and operation of smoke shop businesses, hookah lounges, and tobacco stores. Under such moratorium, the City would not approve any business license, permit, or entitlements

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for potential new operators of such uses.

On July 16, 2024, the Shafter City Council issued a 10-day report of actions taken during the pendency of the moratorium and directed Staff to return with an extension of the 45-day moratorium. The California Government Code, Section 65858, gives cities the authority to extend a moratorium for an additional ten (10) months and fifteen (15) days with a 4/5 vote.

On July 30, 2024, the Shafter City Council adopted Urgency Ordinance No. 757 establishing a 10-month and 15-day extension of the moratorium to prohibit the establishment of smoke shops, smoking lounges, and tobacco stores. The moratorium extension provided for in this ordinance will end on June 15, 2025.

The moratorium, and extensions thereof, provided Staff with time to evaluate the City’s current zoning regulations and study whether new regulations are appropriate, given that the State of California has also recently passed additional new laws prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations.

ANALYSIS
During the time that the urgency ordinances were in place, City staff were directed to study the impacts of these uses and to develop comprehensive regulations and zoning requirements for the establishment of future Smoke Shops, Hookah Lounges and/or Tobacco Stores in the city.

It was determined that retail smoke shops that sell tobacco and vaping products have various negative impacts on surrounding communities. According to 2023 data from the Truth Initiative, in California alone, $15.44 billion is spent per year on smoking-related health care costs.

While State law already prevents retailers from selling tobacco and vaping products to minors, a 2019 JAMA Pediatrics’ article showed that smoke shops were more likely to not check ID and to sell to underage people than other types of retail establishments.

The article also showed that 49.8% of the smoke and vape shops where decoys attempted to purchase tobacco and vape products failed to verify age requirements at the time of sale. This pointed to a tendency of smoke shops to bypass legal requirements in order to increase sales, even to minors. The 2023 National Youth Tobacco Survey revealed that over 2 million middle and high school students used tobacco products that year.

A longitudinal analysis of tobacco and vape retail density in California by UC San Diego revealed that increased retail access to tobacco products is associated with higher smoking rates among both youth and adults. Proximity to tobacco shops has also been tied to higher smoking prevalence, and the quantity of stores can influence the

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perception of product availability and ease of access.

Communities may also experience a higher rate of violent and property crimes correlated with the presence of smoke shops. In 2014, using crime data and GIS spatial analysis, researchers at UC Riverside determined that the existence of tobacco stores in South Los Angeles communities was associated with high levels of violent and property crimes. The study also claimed that “tobacco shops may associate with neighborhood crime by servicing high-risk clientele—many with criminal histories— attracted to these outlets by the easy accessibility of legal drugs.” If Zone Code Amendment No. 25-21 is approved, this would not be the first instance by which the City has outright prohibited the establishment and operation of a specific land use in all zones. The City of Shafter has also exercised its own authority to prohibit all medical marijuana dispensaries and commercial cannabis activity in all zone districts within the city limits. Section 11.290 of the Shafter Zoning Ordinance (Medical Cannabis Uses Prohibited) and Section 11.300 (Regulation of Personal, Medical, and Commercial Uses of Marijuana) regulate personal, medical, and commercial marijuanarelated land uses. Staff are now proposing that a similar approach be taken to prohibit smoke shops and similar uses in all zone districts of the city boundaries.

In the last year, Staff have not received any inquiries about establishing any smoke shop businesses, hookah lounges, or tobacco stores within the City of Shafter. There are no open, building permits or entitlement applications with the City.

The proposed revision to Title 17 can be found in Exhibit “A” of Ordinance No. 766.

Within each zone district chapter of the City’s Zoning Ordinance, a row will be added to the table that shows “uses permitted” within that zone district to explicitly state that “smoke shops, tobacco stores, and smoking lounges” are prohibited in that zone district. Graphically, this is represented by a black box which indicates a use is Not Permitted in This District. Chapter 1 shall also be amended to provide a definition for the uses.

EXISTING USES
This Zone Code Amendment would not obstruct or prohibit legally established, existing smoke shops from continuing their operations. Any existing smoke shops or tobacco stores that were entitled and permitted by the City prior to the adoption of Ordinance No. 766 would be considered a non-conforming use and structure hereafter, as described in Zoning Ordinance Section 2.120. The section applies to any site, structure, or use that was legally established, but does not conform to the provisions of Title 17 as originally adopted or as may be amended from time to time. There are provisions within this section which regulate the enlargement of non-conforming uses, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. So long as existing smoke shops operate in a manner that conforms with applicable regulations and laws, the City cannot retroactively prohibit them. However, the City would not allow any enlargements or alterations to these nonconforming uses except as allowed by local and state regulations.

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PLANNING COMMISSION REVIEW AND RECOMMENDATION
On May 13th, the Shafter Planning Commission unanimously adopted Resolution No. 25-460, recommending that the Shafter City Council approve Zone Code Amendment No. 25-21 to prohibit the establishment of smoke shops, smoking loungers and tobacco stores in all zoning districts.

FINDINGS
Per Section 2.40 of the Shafter Zoning Ordinance (Amendments to Zone Districts and Other Provisions), the following findings must be made prior to adoption of any amendment to the Ordinance:

1. The Zone Code Amendment is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. The amendment supports the Shafter General Plan's goal to provide high quality services for residents and businesses.

2. The Zone Code Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. This zone code amendment will protect the public health, safety and welfare by limiting potential impacts of smoke shops on sensitive land uses and the community.

3. The Zone Code Amendment is consistent with the purpose and intent of the remainder of the Zoning Ordinance not under consideration. The amendment does not change any other portion of the Zoning Ordinance and does not conflict with any other portion.

4. The potential environmental impacts of the zone code amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts. The actions proposed herein are not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of CEQA. There are no potential environmental impacts because smoke shops and similar land uses will be prohibited from being built and operated.

ALTERNATIVES
The City could instead require discretionary approval for smoke shops, tobacco stores, and smoking lounges within specific zone districts. For example, a Conditional Use Permit could be required for such uses in only the industrial and business park zones, while being prohibited in all other zones (i.e. residential, commercial, and institutional zone districts). Through the CUP process, the City’s decision makers and technical experts could place conditions of approval on the development and use of smoke shops that are necessary for the safety, welfare, and public health of the community.

Another alternative is to allow the moratorium to lapse and not adopt any new zoning standards for smoke shops, tobacco stores, and hookah lounges. This would re-affirm

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the City’s inability to enforce and restrict how and where these types of businesses may operate, which opens the door to a repeat of previous illegal activity. Staff do not recommend this option. Staff recommend that the City be proactive in the preparation of specific zoning regulations.

FISCAL IMPACT
There will be no direct fiscal impact related to the proposed amendment to the City of Shafter Zoning Ordinance, since this may be considered an administrative task as it is a change to policy documents.

CEQA ANALYSIS
The actions proposed herein are not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Section 15060(c)(2) pertains to activities that will not result in a direct or reasonably foreseeable indirect change to the environment, and Section 15060(c)(3) pertains to any activity that is not defined as a project under Section 15378. This resolution has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment by permanently enacting a prohibition on the establishment of smoke shops, tobacco stores, smoking lounges, and similar uses.

Since the aforementioned uses will not be permitted in any zoning district of the city, no change nor impact to the natural environment would result from this activity.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Ordinance No. 766

2. Exhibit A of Ordinance No. 766

EXHIBIT 1
ORDINANCE NO. 766

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING ZONE CODE AMENDMENT NO. 25-21, A PROPOSAL TO AMEND TITLE 17 OF THE SHAFTER MUNICIPAL CODE (ZONING ORDINANCE) TO

PROHIBIT THE ESTABLISHMENT OF SMOKE SHOPS, HOOKAH LOUNGES AND

TOBACCO STORES IN ALL ZONING DISTRICTS WITHIN THE CITY OF SHAFTER, AS SHOWN IN EXHIBIT “A”.

WHEREAS, the City of Shafter, a charter city, desires to amend Title 17 of the Shafter Municipal Code (“Zoning Ordinance”) to prohibit the establishment of smoke shops, smoking lounges, tobacco stores and similar uses in all zone districts (“Project”), as shown in Exhibit “A”; and
WHEREAS, the Planning Commission of the City of Shafter unanimously recommended the City Council adopt Zone Code Amendment No. 25-21 on May 13, 2025; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (“CEQA”) have been duly followed by City staff, Planning Commission, and City Council; and

WHEREAS, the Project will not cause any physical change to the environment, and therefore, is exempt from the provisions of CEQA pursuant to Section 15061(b)(2) and Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, a timely and properly noticed public hearing for Zone Code Amendment No. 25-21 was held by the City Council of the City of Shafter at a regular meeting on June 17, 2025, at which hearing evidence, oral and documentary, was admitted on behalf of Zone Code Amendment No. 25-21; and
WHEREAS, the City Council has, at its regularly scheduled meeting on June 17, 2025, studied and considered the proposed amendment to the City’s Zoning Ordinance related to the Project; and
WHEREAS, the zone code amendment will not cause any physical change to the environment; and
WHEREAS, the City Council finds that the Project is consistent with the Shafter General Plan; and
WHEREAS, the City Council finds that the Project will not adversely affect public health, safety, and welfare or result in an illogical land use pattern; and

WHEREAS, the City Council finds that the Project is consistent with the intent and purpose of the Zoning Ordinance not under consideration.

Shafter City Council Ordinance No. 766
July 15, 2025

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines that all the above recitals are true and correct and incorporates such recitals into this ordinance as fully set forth herein.

SECTION 2. The City Council hereby adopts Zone Code Amendment No. 25-21, as provided in Exhibit “A”, attached hereto, and made part of this ordinance as though full set forth herein, to prohibit the establishment of smoke shops, hookah lounges, and tobacco stores in all zoning districts within the city limits of the city of Shafter.

SECTION 3. CEQA. Zone Code Amendment No. 25-21 will not cause any physical change to the environment, and therefore, is exempt from the provisions of CEQA pursuant to Section 15061(b)(2) and Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is 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 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 thereof be declared invalid or unconstitutional.

SECTION 5. Custodian of Record. The documents and materials that constitute the record of proceedings on which this ordinance is based are located at the City Clerk’s office located at 336 Pacific Avenue, Shafter, California, 93263. The custodian of these records is the City Clerk.

SECTION 6. Restatement of Existing Law. Neither adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof.

The provisions of this ordinance, insofar as they are substantially the same as ordinance revisions previously adopted by the City relating to the same subject matter or relating to the enumeration of permitted uses under the Zoning Ordinance, shall be construed as restatements and continuations, and not as new enactments.

SECTION 7. This ordinance shall take effect 30 days after its final passage and adoption and, within 20 days after its adoption, a copy of the 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. 766
July 15, 2025

PASSED AND ADOPTED THIS 15th DAY OF JULY, 2025.
_____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney

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ZONING ORDINANCE CHAPTER 1 CHANGES
Home Occupations
Any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes and provided that no article is sold or offered for sale except that produced by said inhabitants, as provided in Chapter 11 of this Title.

Hookah
A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as shisha, nargile, hubble bubble, nag, and Turkish water pipe.

Hookah Lounge (or Smoking Lounge)
An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.

Hospital
An institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

Hotel
A structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation.
families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. (per Health and Safety Code Section 50675.14 (b)(3)).

Transitional Housing and Transitional Housing Development Temporary rental housing intended for occupancy by target populations transitions to permanent housing that is operated under program requirements calling for termination of assistance and recirculation of the assisted unit to another eligible program receipt at some predetermined future point in time, which shall be no less than six months (per Health and Safety Code 50675.2 (h)). Transitional housing is considered to be a residential use and subject to only those restrictions that apply to other residential dwellings of the same type in the same zone.

Tobacco Paraphernalia
means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. “Tobacco paraphernalia” includes, but is not limited to, all of the following: (i) Metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,

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permanent screens, hashish heads, or punctured bowls; (ii) Water pipes; (iii) Bongs; (iv) Chillums; (v) Ice pipes or chillers; (vi) Cigarette papers or wrappers; (vii) Cigarette rolling machines; (viii) Blunt wraps, as defined in Section 308 of the Penal Code; (ix) Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; and (x) any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. “Tobacco Paraphernalia” shall include any component, part, or accessory of the foregoing, whether or not sold separately.

Tobacco Product
Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, e-cigarettes (with or without flavoring), cigars, little cigars, chewing tobacco, pipe tobacco, or snuff or vaping accessories. “Tobacco Product” shall include any component, part, or accessory of the foregoing, whether or not sold separately. “Tobacco Product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

Tobacco Store (or Smoke Shop)
A retailer, wholesale business, establishment, facility, or any person(s) or location that: (1) sells, offers for sale or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia; and (2) has fifteen percent (15%) or more of the square feet in the establishment used for the sale, marketing, or display of tobacco, Tobacco Products or Tobacco Paraphernalia.

Tree Expert
A California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arborists.

Truck (Large)
A truck weighing 11,500 pounds or more unloaded.

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ZONING ORDINANCE CHAPTER 4 CHANGES
Table 4.A Uses Permitted Within Residential Districts
Legend
 Not Permitted in This District
P Permitted Subject to Consistency Assessment
C Permitted Subject to Approval of a Conditional Use Permit Application USE E R-E R-1 R-2 R-3
F. ACCESSORY USES

1. Accessory uses and structures located on the same site as a permitted use

P P P P P

2. Other accessory uses and structures located on the same site as a use permitted subject to a Conditional Use Permit

C C C C C

3. Antennas and Satellite Dishes; subject to Section 11.80 of this Title

P P P P P

4. Accessory Dwelling Unit/Junior Accessory Dwelling Unit (ADU/JADU) (per State Law)

P P P P P

5. Private Garage P P P P P

6. Private Swimming Pool, Tennis Court P P P P P

7. Recreational Vehicle Storage Yard (Associated with
Residential Development)

C C C C C

8. Feed and Tack Stores accessory to Commercial Stables C    

9. Dormitories accessory to Educational Institutions C C C C C

10. Medical Cannabis Uses, as defined under Section 1.190 and subject to the provision of Section 11.290, are prohibited in the residential districts.
    

1. Marijuana Uses, as defined under Section 1.190 and subject to the provisions of Section 11.30 are regulated in the residential districts.
    

2. Smoke Shops, Hookah Lounges, and Tobacco Stores      G. Other uses similar to, and no more objectionable than the uses identified above, subject to the provisions of Section 1.90 of this Title.

Administration 4
ZONING ORDINANCE CHAPTER 5 CHANGES
Table 5.A Uses Permitted Within Commercial Districts
Legend
 Not Permitted in This District
P Permitted Subject to Consistency Assessment
C Permitted Subject to Approval of a Conditional Use Permit Application

USE GC NC DC
B. Commercial Uses

87. Shopping centers C C C

88. Shoe stores (sales and repairs) P P P

89. Second-hand stores/pawn shops P  P

90. Service station (without convenience sales) subject to Section 11.220 of this Title) P P P

91. Service stations with convenience store, with or without alcoholic beverage sales C C C

92. Smoke Shops, Hookah Lounges, and Tobacco Stores   

92. Sporting good stores P P P

93. Stamp and coin shops P P P

94. Stationary stores P P P

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ZONING ORDINANCE CHAPTER 6 CHANGES
Table 6.A Uses Permitted Within Employment Districts
Legend
 Not permitted in this district
P Permitted subject to Consistency Assessment
C Permitted Subject to approval of a Conditional Use Permit application Uses BP I
A. MANUFACTURING USES
C. COMMERCIAL USES AND SERVICES

30. Plumbing shops and supplies P P

31. Recycling facilities (large collection facilities and processing facilities)  C

32. Restaurants (including drive-in/drive-through) P P

33. Restaurants other than fast foods (Refer to Section 11.50 of this Title); a. With entertainment and/or serving alcoholic beverages, including upgrading an existing ABC license (e.g., beer and wine license to a hard liquor license) b. Without entertainment and/or serving alcoholic beverages C
P
C
P

34. Service stations (subject to Section 11.220 of this Title) C C

35. Sign painting shops P P

36. Smoke Shops, Hookah Lounges, and Tobacco Stores  

36. Tattoo parlors C C

37. Truck wash  C

38. Truck (tractor only) and RV wash (self or full-service) C C

39. Tire retreading and recapping  C

40. Tire shops (retail and service) C P

41. Vending machine service and repair P P

42. Veterinary offices and animal hospitals including exterior kennels, pens or runs C C

Administration 6
ZONING ORDINANCE CHAPTER 11 CHANGES

11.310 ADEQUATE STORAGE OF FIREARMS WITHIN THE COMMERCIAL

DISTRICTS

1. Purpose
The purpose of this section is to regulate the adequate storage of firearms within Zone Districts permitting firearms sales and repair to prevent burglary and theft.

2. General Requirements
No person shall engage in the business of selling, offering for sale, or displaying for sale, or storing preparatory for sale, any firearms within the City of Shafter unless the person has fully complied with the following:

The seller shall have obtained a permit from the Chief of Police authorizing the storage of firearms within the City of Shafter. The permit shall be issued only upon a showing that the seller has taken steps to ensure the safety of his or her firearms from burglary and theft.

3. Fee
To be set and adjusted by City Council action. The fee shall be paid at the time the application is obtained from the Chief of Police and is nonrefundable.

4. Revocation
A permit issued under the provisions of this chapter shall be revoked by the Chief of Police upon proof to his satisfaction of a violation by the holder of such permit of this chapter, or any ordinance of the City of Shafter or law of the state regulating or establishing standards for the commercial sale of firearms.

5. Appeal of Suspension or Revocation
Any such person, whose permit issued under the provisions of this chapter having been so suspended or revoked, shall have the right to appeal to the City Council in writing within three (3) days after notification of such suspension or revocation, or within thirty (30) days after denial thereof, and to be heard by the City Council with relation thereto at its next regular or regular-adjourned meeting, or at a special meeting of the City Council called for such purpose, and the action of the City Council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit.

11.320 SMOKE SHOPS, HOOKAH LOUNGES, AND TOBACCO STORES

PROHIBITED

1. Purpose
The purpose of this section is to regulate smoke shops, hookah lounges, and

CITY OF SHAFTER DEVELOPMENT CODE Error! No text of specified style in document. 7 Administration
tobacco stores. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

2. Permits and Licenses Prohibited
No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of smoke shops, hookah lounges, tobacco stores, or similar uses within the City.

3. Public Nuisance
The establishment, maintenance or operation of smoke shops, hookah lounges, and tobacco stores within the City of Shafter is declared to be a public nuisance and may be abated by the City either pursuant to the City of Shafter Municipal Code or any other available legal remedies, including but not limited to declaratory relief and civil injunctions.

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 17, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: ZONE CHANGE NO. 25-78

RECOMMENDATION
City Council conduct public hearing and introduce for first reading, by title only, and waive reading of Ordinance No. 767, an Ordinance of the City Council of the City of Shafter approving Zone Change No. 25-78 as depicted in Exhibit "A", to change the zoning designation of APNs 027-170-02 and 027-170-03 from Downtown Commercial (DC) zoning to General Commercial (GC) zoning.

BACKGROUND
The property owner, Michael Hair Jr of Lerdo LLC, is requesting a change in zoning from Downtown Commercial (DC) to General Commercial (GC) on a 0.51-acre area located on the west corner of Central Valley Highway and Central Avenue. The location of the affected parcels is shown in the attached vicinity map (Exhibit 1).

The property owner/applicant is requesting the zone change to facilitate the future establishment and operation of a drive-in/drive-through business. The applicant has submitted a corresponding application for a Conditional Use Permit (CUP) to be brought before the Planning Commission at a future date, in the event that the zone change is approved by City Council.

The ultimate end use of the site has not been confirmed; however, it has been determined by the applicant’s team that the highest and best use of the site given its size and location is a commercial drive-in/drive-through business.

ANALYSIS
Chapter 5 of the Shafter Zoning Ordinance stipulates that “Drive-in/-through business including theaters and restaurants” are not permitted in the Downtown Commercial zone, but they are conditionally permitted in the General Commercial and Neighborhood Commercial zones. This regulation can be seen in line item 47 of Table

5.A of the Zoning Ordinance, concerning Uses Permitted Within Commercial Districts.

The primary purpose of the General Commercial (GC) District is to provide sites for commercial uses which serve a large segment of the population with a wide variety of retail, wholesale, service, and office uses. The proposed re-zone to General Commercial would identify the site as a possible location for a new range of commercial

ZONE CHANGE NO. 25-78
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uses to be proposed and introduced to the community’s downtown area at the affected site. The potential to permit or conditionally permit additional commercial uses that are currently not permitted at all in the Downtown Commercial zone may foster commercial growth and increase activity in the city’s downtown. Additionally, through expanding the class and character of commercial uses that are permissible in properties within the downtown, the likelihood of this portion of the city remaining competitive with planned commercial areas in other portions of the community, such as those planned along 7th Standard Road or Lerdo Highway, is higher.

This item is not proposing or requesting action on an actual project. There is no development, or construction plans in place for this site currently. This is a zoning exercise to change the color on the Shafter zoning map from DC to GC. The only decision requested from the Council at this time is whether the base zone of the site should be allowed to change. Re-zoning to GC may afford the property owner the opportunity to market this site for new project proposals and turn the site from a vacant parcel of land to a contributing business.

Overall, the proposed rezoning will help ensure that the land is used in a manner that is both beneficial to the property owner and the community, and consistent with the surrounding commercial area.

Finally, there is one other drive-through business located in the downtown commercial zone district, at 150 E Lerdo Highway. The Rite-Aid Pharmacy has a drive-through that exits on to Central Ave, the same downtown street that provides site access to Mr.

Hair’s property. Additionally, two other drive-through uses (Sonic and the future Starbucks) are located along Central Valley Highway less than a ¼ mile away from this site. The latter two businesses are zoned GC, but they are along the same arterial road (CVH) as the project site. The city would not be operating outside of established precedence nor be zoning in a manner that would result in an illogical land use pattern, since surrounding areas have drive-through uses.

GENERAL PLAN CONSISTENCY
Under the Land Use Program of the Shafter General Plan, one of the policies is to “encourage pedestrian-oriented retail uses within the central portions of downtown, with highway-oriented commercial uses along State Route 43 and Lerdo Highway.” The subject property is located along Central Valley Highway, or State Route 43, and drivethrough uses are typically considered highway-oriented uses. The nature of the future use of this project site (if indeed a drive-through is proposed) would be compatible with the objectives of the City’s General Plan to locate regional-serving, highway-oriented uses along SR-43. Additionally, two other drive-through uses (Sonic and the future Starbucks) are located along Central Valley Highway less than a ¼ mile away from this site.

Another issue that the General Plan addresses is maintaining Shafter’s downtown as the center of community life and protecting the vitality of the downtown. By expanding the options of commercial land uses that are permissible or conditionally permissible on

ZONE CHANGE NO. 25-78
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this property via the zone change, a new range of businesses could be proposed or introduced on the subject site. This could diversify the commercial options in the core and stimulate economic growth. New businesses can raise both vehicle and pedestrian activity downtown, helping maintain it as a central hub of activity and community life.

Finally, the current land use designation of the property and the rest of the downtown core is Commercial-Professional Offices (CPO). According to Table 2.A of the Shafter Zoning Ordinance which shows the Consistency of City Zone Districts with General Plan Land Use Designations, both the Downtown Commercial (DC) zone and General Commercial (GC) zone are consistent with the CPO land use designation. By changing from one commercial zone to another commercial zone when both zones are consistent with the General Plan land use designations, the goals and objectives of the City’s General Plan are still being followed.

PLANNING COMMISSION REVIEW
On May 13th, the Shafter Planning Commission adopted Resolution No. 25-461, recommending that the Shafter City Council approve Zone Change No. 25-78. There was one dissenting vote on the adoption of this Planning Commission resolution.

During public comment, Mr. Stan Wilson, resident of 17642 Poplar Ave, expressed his opposition to the proposed zone change. Mr. Wilson stated that downtown should remain lined with storefronts, which make the downtown look nicer.

FISCAL IMPACT
There will be no direct fiscal impact related to the proposed zone change from DC to GC.

CEQA ANALYSIS
The proposed zone change is exempt from CEQA under Section 15061(b)(3), which is commonly referred to as the common-sense exemption. This exemption applies when it can be determined with certainty that the activity in question will not have a significant effect on the environment, and therefore the activity is not subject to CEQA.

The proposed zone change is a zoning exercise to change the classification from one commercial zone to another commercial zone. As there is no development associated with the zone change at this time, there is no possibility that zoning change will cause a significant effect on the environment. The property owner has indicated that a Conditional Use Permit application will be filed with the City after the base zone is changed to potentially establish a land use that is conditionally permitted in the Downtown Commercial zones. The CUP process will allow additional CEQA review to be conducted for the site then.

Since Conditional Use Permits require discretionary action, a more extensive analysis of potential environmental impacts may be assessed in the future, and the Planning Commission will also have another opportunity to review the ultimate use of the property.

ZONE CHANGE NO. 25-78
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APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Vicinity Map

2. Ordinance No. 767

3. Exhibit A of Ordinance No. 767

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MUNZER
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RICHLAND
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SUNSET AVE

POSO AVE

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STATE AVE

CALIFORNIA AVE

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KERN ST

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CENTRAL VALLEY HWY
City Limits
Site Location

SITE BOUNDARY
This map and the data contained within it was generated by the City of Shafter. Please consult the City of Shafter Planning Department with any questions, concerns, or potential inaccuracies that may be associated with this document.

Credits: Esri, HERE, City of Shafter, Nearmap Inc. - Aerial Imagery as of February 2024 0 125 250 500 US Feet ¯
Exhibit 1: Vicinity Map

EXHIBIT 2
ORDINANCE NO. 767

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING ZONE CHANGE NO. 25-78 AS DEPICTED IN EXHIBIT “A” WHEREAS, the City Council has, at its regularly scheduled meeting on June 17, 2025, studied and considered Zone Change No. 25-78, a request to change the zoning of 357 Central Avenue (APN 027-170-02) and 341 Central Avenue (APN 027-170-03) from Downtown Commercial (DC) to General Commercial (GC); and
WHEREAS, 357 & 341 Central Avenue are located on the west corner of Central Valley Highway and Central Avenue, on an approximate 0.51-acre site as depicted in Exhibit “A”, attached hereto and made a part of this ordinance as set forth herein (the “Project”); and WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the City’s Local Guidelines Implementing the California Environmental Quality Act have been adhered to; and
WHEREAS, the City Council has determined that the project is categorically exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines in that the proposal will have no significant environmental impact. No development is proposed with the subject project; and WHEREAS, the City Council has determined that the zone change is consistent with the goals, objectives, policies, and programs of the Shafter General Plan, and is necessary and desirable to implement the provisions of the General Plan; and WHEREAS, the City Council has determined that the zone change will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and WHEREAS, the City Council has determined that the zone change is consistent with the purpose and intent of the remainder of the Zoning Ordinance not under consideration; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City of Shafter Zoning Map as proposed in Exhibit “A” to enhance the quality of life and to protect the health, safety and welfare of its citizens by applying orderly development in the City; and
WHEREAS, a timely and properly noticed public hearing for proposed Zone Change No. 25-78 was held by the City Council of the City of Shafter at a regular meeting on June 17, 2025, at which hearing evidence, oral and documentary, was admitted on behalf of said zone change.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN that, in a regular session assembled on the 15th day of July, 2025, the City Council approved Zone Change No. 25-78 to change the zoning of 357 & 341 Central Ave from Downtown Commercial (DC) to General Commercial (GC), as illustrated in Exhibit “A”.