Shafter City Council
August 5, 2025

Minutes of the Shafter City Council
June 17, 2025

MOVED (ESPINOZA) AND SECONDED (ALVARADO) COUNCIL ADJOURNED THE MEETING AT 9:27 P.M.

MOTION CARRIED WITH NO OPPOSITION.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: ZONE CODE AMENDMENT NO. 25-22 ORDINANCE ADOPTION

RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; introduce for second reading, by title only, and waive reading, and adopt Ordinance No. 769, an Ordinance of the City Council of the City of Shafter, approving Zone Code Amendment No. 25-22, an amendment to Title 17 (Zoning Ordinance) of the Shafter Municipal Code to allow hydrogen production in the Industrial (I) zone district subject to the approval of a Conditional Use Permit.

BACKGROUND
Title 17 (Zoning Ordinance) of the Shafter Municipal Code identifies the types of allowed development within the different zoning districts throughout the city. Currently, the Zoning Ordinance does not identify hydrogen production as a permissible or conditionally permissible use. When a proposed land use is not explicitly identified as a permitted use or a conditional use by the regulations of the applicable zone district, and a Determination of Similar Use subject to the provisions of Section 1.90 cannot be justified, then the City’s position is that the land use was not intended for any zone district.

In the past year, City staff have received several inquiries from developers about the desire to establish and operate hydrogen-related facilities within the city. However, none of these inquiries have advanced past the pre-application meeting stage, since they are not allowed as a primary use anywhere.The zoning language could be amended to conditionally allow the use in the most intensive zone district – the Industrial (I) zone. The proposed zone code amendment offers multiple benefits related to economic development, sustainability, and public health.

Hydrogen production can help cities transition from fossil fuel consumption to clean/renewable energy. This contributes to the reduction of greenhouse gas emissions and local air pollutants, which can help California meet carbon neutrality goals. For instance, a green hydrogen facility being developed in Vernon, California is expected to eliminate approximately 130,000 metric tons of CO2 emissions annually, improving air quality in the region.

It attracts investment from the public and private sectors, and improves access to

ZONE CODE AMENDMENT NO. 25-22 ORDINANCE ADOPTION
- 2 -
federal and state grant funding. The Department of Energy’s Regional Clean Hydrogen Hubs Program earmarked $7 billion to fund hydrogen hubs in several states, designed to support clean hydrogen production and infrastructure. These are intended to significantly reduce emissions in the heavy industry, energy, and transportation sectors.

New jobs are generated locally in clean technology, construction, engineering and support services. For example, the City of Pittsburg’s H Cycle will generate approximately 50 permanent, high-paying operational jobs. Projects may generate new tax revenue and permit fees that support public services and infrastructure. These facilities may also increase the surrounding land value and lease potential. For example, the City of Lancaster’s Clean Energy Center is estimated to be a multi-billiondollar project.

Hydrogen production enhances energy reliability and resilience. The City of Calistoga’s microgrid at the Calistoga Resiliency Center will provide 48 hours of backup power during a Public Safety Power Shutoffs event, reducing wildfire-related outages and economic burden on Calistoga residents and businesses. Lancaster’s Clean Energy Center will be North America's largest hydrogen production facility and deliver zerocarbon hydrogen fuel to the logistics sectors, public transit authorities, rail, and port operations throughout the state. Plus, the facility will only use 20% of the water formerly used for crop irrigation in the area.

Hydrogen facilities also strengthen partnerships with logistics and manufacturing companies. The Avina Clean Energy facility in Vernon is intended to serve transportation corridors and urban markets in Southern California, such as refueling hydrogen-powered trucks carrying cargo from the port of Long Beach. The plant is expected to produce up to 4 metric tons of compressed hydrogen daily without releasing CO2 or other pollutants.

Cities that embrace hydrogen production position themselves as leaders in clean energy. Lancaster has used hydrogen leadership to market itself as the “first hydrogen city” attracting new partnerships, clean tech firms, and international attention.

ANALYSIS
Staff suggest that Chapter 6 of the Zoning Ordinance, pertaining to the Employment Zone Districts, be amended to identify hydrogen production as prohibited in the Business Park (BP) zone district but conditionally allowable in the Industrial (I) zone.

Depending on the location proposed for the development of a hydrogen facility, there are concerns that may need to be addressed through the conditional use permit process. A conditional use permit will allow for case-by-case review, mitigating any potential risks through public hearings, conditions of approval, environmental review or impact studies.

The CUP process allows the decision-making body to determine if a proposed hydrogen facility is in a compatible area, developed in an orderly manner, and

ZONE CODE AMENDMENT NO. 25-22 ORDINANCE ADOPTION
- 3 -
conditions of approval are needed to protect public health, safety and general welfare.

Compliance with fire, building safety, and environmental codes will be required and incorporated into conditions of approval.

The proposed revision can be found in Exhibit “A” of Ordinance no. 769. Only Chapter 6 of the zone code would be amended. A row will be added to Table 6.A (Uses Permitted Within Employment Districts) to explicitly state that “hydrogen production” is conditionally permitted within the Industrial (I) zone district and not permitted within the Business Park (BP) zone district.

PLANNING COMMISSION REVIEW AND RECOMMENDATION
On June 10th, the Shafter Planning Commission unanimously adopted Resolution No. 25-462, recommending that the Shafter City Council approve Zone Code Amendment no. 25-22 to allow hydrogen production facilities in the Industrial (I) zone district with the approval of a Conditional Use Permit. At the July 15th regular City Council meeting, the Shafter City Council unanimously voted in favor of adopting Ordinance No. 769 to approve the Zone Code Amendment.

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 public health, safety, and welfare or result in an illogical land use pattern.

3. The zone code amendment is consistent with the purpose and intent of the remainder of the Zoning Ordinance (Title 17) 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 action proposed is not subject to environmental review pursuant to Sections 15061(b)(3) of CEQA.

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 text found in policy documents.

Indirectly, the potential for future establishment of hydrogen production facilities in the

ZONE CODE AMENDMENT NO. 25-22 ORDINANCE ADOPTION
- 4 -
city could mean new tax revenue and new jobs in the future. Projects related to this land use could generate economic opportunities for the local/regional community and accelerate California’s efforts to meet its ambitious emissions reduction targets. If Shafter becomes a source of hydrogen supply and distribution, this could incentivize new business and partnerships.

CEQA ANALYSIS
This revision to the Zoning Ordinance would not cause any physical change to the environment. Therefore, it is Staff’s determination that this request is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, more commonly known as the common sense exemption. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, so the activity is not subject to CEQA.

Since the aforementioned uses will not be permitted at all in the BP zoning district of the city and would require further discretionary review and approval (thus re-opening CEQA review at a later stage) if proposed in the I-zone, no change nor impact to the natural environment would result from this revision to the zone code language. No development is currently proposed which poses direct nor indirect relation to this zone code amendment.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Ordinance No. 769

2. Exhibit "A" of Ordinance No. 769

EXHIBIT 1
ORDINANCE NO. 769

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING ZONE CODE AMENDMENT NO. 25-22, TO AMEND TITLE 17 OF THE SHAFTER

MUNICIPAL CODE (ZONING ORDINANCE) TO ALLOW HYDROGEN PRODUCTION

WITHIN THE INDUSTRIAL ZONE DISTRICT SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT, AS SHOWN IN EXHIBIT “A”.

WHEREAS, the City of Shafter desires to amend Title 17 of the Shafter Municipal Code (“Zoning Ordinance”) to allow hydrogen production in the industrial (I) zone district subject to prior approval of a Conditional Use Permit (“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. 25-22 on June 10, 2025; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (“CEQA”) have been duly followed by City staff, the 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)(3) of the CEQA Guidelines; and
WHEREAS, a timely and properly noticed public hearing for Zone Code Amendment No. 25-22 was held by the City Council of the City of Shafter at a regular meeting on July 15, 2025, at which hearing evidence, oral and documentary, was admitted on behalf of Zone Code Amendment No. 25-22; and
WHEREAS, the City Council has, at its regularly scheduled meeting on July 15, 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; and

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

Shafter City Council Ordinance No. 769
August 5, 2025

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. 25-22, as provided in Exhibit “A”, attached hereto, and made part of this ordinance as though full set forth herein, to allow hydrogen production within the Industrial (I) zone district of the city of Shafter, subject to the prior approval of a Conditional Use Permit.

SECTION 3. CEQA. Zone Code Amendment No. 25-22 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. 769
August 5, 2025

PASSED AND ADOPTED THIS 5th DAY OF AUGUST, 2025.
_____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney

CITY OF SHAFTER DEVELOPMENT CODE Error! No text of specified style in document. 5/28/96 1 Employment Districts
EXHIBIT ‘A’
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

1. Bakery/Food Preparation P P

2. Batch Plants C C

3. Bottling plants C P

4. Carpenter and cabinet shops P P

5. Cement products manufacturing C P

6. Processing frozen food products P P

7. Electronics; electrical and related parts; electrical appliances, motors, and devices; radio, television, phonograph, computers. P P

8. Fruit, vegetable, and plant products processing, and retail services, including cold storage, packing, preserving, canning, and shipping. P P

9. Furniture (manufacture and upholstering) P P

10. Instruments; electronic and precision; medical and dental; timing and measuring. P P

11. Laboratories: chemical, dental, electrical, optical, mechanical, and medical. P P

12. Manufacture and maintenance of electrical and other signs. P P

13. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials: canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semiprecious stones or metals, plaster, plastics, shells, textiles, tobacco, wood and yarns.

C P

14. Office and related machinery: audio machinery, computers, electrical and manual, visual machinery P P

15. Pharmaceuticals: cosmetics, drugs, perfumes, toiletries, and soap (not including refining or rendering of fats or oils). P P

16. Rubber and metal stamp manufacturing. C P

17. Welding Shops C P

18. Oil and Gas exploration and production, subject to provisions of Chapter 9 of this Title; if, however, combined with a “PE” District, a conditional use permit is not required in the BP zone district.

C P

19. Hydrogen Production  C
B. WHOLESALE USES AND WAREHOUSING

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT:

SUBJECT: COUNCIL GOVERNANCE NORMS & PROTOCOLS

ENFORCEMENT MECHANISMS FOR VIOLATIONS ORDINANCE

ADOPTION

RECOMMENDATION
Council introduce for second reading, waive reading, and adopt Ordinance 770, an Ordinance of the City Council of the City of Shafter, California, Adopting Enforcement Procedures for Violations of Council Governance Norms and Protocols, City Ordinances and Charter Provisions and State and Local Laws In Accordance with the Charter of the City of Shafter.

BACKGROUND
At the City Council meeting held on March 18, 2025, Council Member Espinoza - with the concurrence of the entire Council - requested that Staff research governance norms and protocols for the conduct of public business and agendize a discussion item to allow City Council to review, comment and provide direction.

Staff researched sample governance protocols and developed a draft that is specific to the City of Shafter. In addition, Staff developed enforcement mechanisms that are consistent with Sections 4.07 and 9.01 of the Charter. The governance protocols and enforcement mechanisms were reviewed and discussed by the City Council at the May 6, 2025 regular City Council meeting and the June 12, 2025 special City Council meeting. At the conclusion of the June 12, 2025 special City Council meeting, the City Council directed Staff to make minor amendments and agendize a resolution adopting the governance protocols and an ordinance adopting the enforcement mechanisms.

DISCUSSION:

The roles and responsibilities of City Councils in California are often diverse and complex. For this reason, various state laws and other established regulations exist which govern the scope and actions of elected bodies. In addition to state laws concerning conflicts of interest and public transparency, it is common for local governments to have in place formalized policies of their own related to City Council governance procedures and protocols (“Governance Protocols”). These Governance Protocols provide members with additional guidance in dealing with each other, dealing with Staff and dealing with the public.

COUNCIL GOVERNANCE NORMS & PROTOCOLS ENFORCEMENT MECHANISMS FOR

VIOLATIONS ORDINANCE ADOPTION
- 2 -
The attached Resolution adopting the Governance Protocols provides the Council with guidance for the conduct of City/Public Business and is similar to the informal Council norms developed in 2010. The Ordinance adopting the Enforcement Mechanisms were drafted using Sections 4.08 and 9.01 of the Charter as guides. They provide the Council with a means of “policing” its members to assure that members comply with:

1. The adopted Governance Protocols;

2. The Shafter City Charter and Municipal Code; and

3. Applicable state and federal laws (i.e. US/California Constitutions, Brown Act, Conflict of Interest, Americans with Disabilities Act).

It is intended that discussion and review of these Governance Protocols and Enforcement Mechanisms be annually reviewed as part of the City’s goal-setting discussions and/or AB 1234 compliance seminar.

FISCAL IMPACT
None.

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

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Ordinance 770

2. Exhibit A of Ordinance 770

ORDINANCE NO. 770

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

CALIFORNIA, ADOPTING ENFORCEMENT PROCEDURES FOR VIOLATIONS OF

COUNCIL GOVERNANCE NORMS AND PROTOCOLS, CITY ORDINANCES AND

CHARTER PROVISIONS AND STATE AND LOCAL LAWS IN ACCORDANCE WITH

THE CHARTER OF THE CITY OF SHAFTER
WHEREAS, the City Council of the City of Shafter (“City Council”) recognizes that the roles and responsibilities of council members in California are often diverse and complex; and WHEREAS, in addition to state laws concerning conflicts of interest and public transparency, it is common for local governments to have in place formalized policies of their own related to governance procedures and protocols (“Governance Protocols”); and WHEREAS, established Governance Protocols provide council members with additional guidance in dealing with each other, dealing with staff and dealing with the public; and WHEREAS, Section 9.01 of the Charter of the City of Shafter prohibits conflicts of interest and encourages the adoption of ordinance(s) to prohibit “[D]efinitions of lapses of ethics in the dealings of City officers and employees with each other, the public, businesses and other governmental agencies and jurisdictions.” (See Section 9.01(C).); and WHEREAS, recognizing the importance of establishing Governance Protocols, the City Council has discussed their content and implementation in a series of discussion held at the regular City Council meeting of May 6, 2025, the special City Council meeting of June 12, 2025 and the regular City Council meeting of July 15, 2025; and
WHEREAS, the proposed Governance Protocols discussed by the City Council include governance norms and protocols for the conduct of public business (Resolution No. 3031) and enforcement procedures as described in this ordinance; and WHEREAS, it is the intent of the City Council of the City of Shafter that the Mayor, City Council and all City Boards and Commissions abide by these governance norms and protocols for the conduct of City business.

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

SECTION 1. The City Council of the City of Shafter hereby adopts the Enforcement Procedures attached hereto as Exhibit “A” as a non-codified ordinance of the City Council of the City of Shafter.

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

Shafter City Council Ordinance No. 770
July 15, 2025

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.

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 15TH DAY OF JULY, 2025. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney

Shafter City Council Ordinance No. 770
July 15, 2025

EXHIBIT A
Enforcement Procedures
(see attached)

DISCIPLINING A DISRUPTIVE MEMBER
If one member engages in disruptive behavior, it is the responsibility of the body to remind the disruptive member about their duties. The failure of the governing body to deal with a misbehaving member can also have legal consequences for the City. For example:
• A Public Official that mistreats staff members by using inappropriate language, asking the staff member to perform personal tasks, hugging or touching staff in an inappropriate manner, etc. may be putting the City at risk for a lawsuit alleging harassment or a hostile work environment. If the governing body does not take appropriate steps to avoid the appearance of agreement with the objectionable behavior of a fellow member or commissioner, the inappropriate behavior may be considered to have been sanctioned by the governing body.

Additionally, a Public Official that leaks a confidential legal opinion provided to the City can result in the loss of the attorney client privilege it is possible the opinion can be used in court against the City. For these reasons, it is appropriate to include enforcement measures for these adopted governance norms and protocols.

MEASURES TO ENFORCE GOVERNANCE NORMS AND PROTOCOLS
Warning to Councilmember. Any Public Official may submit a written complaint alleging a minor violation of these Governance Norms, the Shafter Charter, the Shafter Municipal Code or state law by another Public Official. Such written complaint will be submitted to the City Clerk and immediately forwarded by the City Clerk to the City Manager and City Attorney. Within ten (10) days of the receipt of such complaint, the City Manager and/or City Attorney shall jointly prepare a warning letter to the offending Public Official informing them of the nature of the complaint received and providing information and counsel regarding how to conform their actions and/or behavior in accordance with the Governance Norms, Charter, Municipal Code and/or state law. The City Manager and City Attorney shall not be required to conduct any investigation as to allegations. However, they shall provide copies of the warning letter to the entire City Council Compliance Demand Letter. The submittal to a particular Public Official of a “Compliance Demand Letter” should be used for cases in which the body determines, based on review of the findings of an investigation, a more significant violation of these Governance Norms, the Charter, Municipal Code or state law have occurred, but the violation is considered not sufficiently serious to warrant censure. The matter will be properly agendized, and the Council will make a motion and vote during a public meeting whether to issue the Compliance Demand Letter. The named Public Official(s) will be provided appropriate notice, and, prior to the vote on the motion, an opportunity to provide a written or verbal response to the complaint(s) received. A Compliance Demand Letter to the named Public Official is distinguished from censure in that it is not punitive.

Censure. The residents of Shafter are entitled to responsible, fair, honest, and ethical City government. It is the Policy of the City of Shafter that all of its Public Officials shall abide by federal and state laws, the City Charter, City Municipal Code and the Governance Norms. Major violations of these provisions can subject the City to liability, affect the City’s budget, resources, plans and timelines, injure the good name of the City, and undermine the effectiveness of the City Council, its Board and Commissions as a whole. Such conduct is deemed to be subject to censure. A censure shall be considered an expression

EXHIBIT A

of disapproval by the body, but carries no additional penalty or fine to be imposed.

Censure should be used for cases in which the governing body determines, based on the review of the findings of an investigation, the violation constitutes a serious offense or there have been multiple minor violations.

Censure Due Process/Procedure

1. Any two City Public Officials may initiate a censure process by jointly submitting a censure request to the City Clerk. The censure request shall be in writing, specify the name of the Public Official sought to be censured, and specify the alleged misconduct for which censure is sought.

2. Within 10 days of receipt of the censure request, the City Clerk shall inform the City Manager to notify the Public Official who is the subject of the requested censure, and the City Manager shall provide that Public Official with a copy of the written censure request.

3. The City Clerk shall thereafter place the censure request on the next regular agenda for initial consideration of the censure request by the governing body at a meeting occurring no later than 60 days after receipt of the censure request. The initial consideration of the censure may be heard at either a regular or special meeting.

4. At that meeting, the Public Officials who did not submit the complaint and the Public Official who is not the subject of the complaint, may by unanimous vote, direct that the censure hearing not move forward. Absent this unanimous vote, the censure hearing shall move forward.

5. If a censure hearing moves forward, the hearing will be conducted by the presiding officer, so long as the presiding officer is not the subject of the complaint. If the presiding officer is the subject of the complainant, then the hearing shall be presided over by the Public Official that is next in line (e.g. Mayor Pro Tem or Vice Chairperson).

In the event the presiding officer or Public Official that is next in line cannot conduct the hearing, then the longest serving Public Official that is not the subject of the complainant shall preside over the censure hearing.

6. Any censure requires a majority of the governing body (minimum of three (3) votes) to enact, and must be approved through resolution.

Forfeiture of Office for City Council. As stated in the City Charter, a councilmember shall be subject to forfeiture of their office if the councilmember:

1. Lacks any qualification for the office prescribed by this Chapter or by law, at any time during the term of office for which elected.

2. Violates any express provision of the Charter or this policy, or fails to execute or abide by any mandatory provision hereof.

3. Is convicted of a crime involving moral turpitude

4. Fails to attend three consecutive regular meetings of the Council without being excused by the Council.

5. Fails to attend 85% (eighty-five percent) of the meetings of the Council during any twelve month period, without having ben excused by the council.

6. Is found guilty of violating any other standards for the conduct of Public Officials, as established by ordinance.

Forfeiture Due Process/Procedure
The determination of forfeiture under subsections 1, 2, or 6 of the preceding section shall be made as follows:

1. Any one or more Councilmember shall file a complaint with the City Clerk. The complaint shall:
a. Be in writing;
b. Specify the name of the Councilmember who is believed to be subject to forfeiture; and,
c. Specify the alleged misconduct for which forfeiture is sought.

2. Within 10 days of receipt of the forfeiture complaint, the City Clerk shall inform the City Manager to notify the Councilmember who is the subject of the complaint, and the City Manager shall provide that Councilmember with a copy of the written complaint. a. The City Manager upon receiving notice from the Clerk, shall coordinate with the Human Resource Director to conduct an independent and objective fact finding investigation, the results of which will be provided to all Councilmembers through the City Attorney.
b. All records produced shall also be supplied to the Administrative Hearing Officer who will be named at a subsequent meeting.

3. The City Attorney shall thereafter arrange for an independent Administrative Hearing Officer who meets the following minimum requirements to be confirmed or rejected by majority vote of the entire City Council at a meeting held within sixty (60) days of receiving the complaint. At the same meeting at which the Administrative Hearing Officer is selected, the City Council shall also adopt procedures for the conduct of the hearing before the Administrative Hearing Officer. The Administrative Hearing Officer shall conform to the following:
a. Active membership with the California State Bar in good standing, not subject to current investigation;
b. Minimum of 5-10 years practice experience in California; c. Familiarity with the Administrative Adjudication Code of Ethics; d. Familiarity with the California Code of Judicial Ethics, and, e. Council shall approve the Administrative Hearing Officer through resolution at a special or regular meeting.

4. At a special meeting to deal solely with the complaint, the Administrative Hearing Officer shall have the right to order any investigation, interview witnesses or take any other action that is proper and responsive to the matter at hand.

5. A councilmember will be deemed to have forfeited office as of the date the hearing officer issues an order finding that a councilmember has violated the Charter or this policy.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Kyle Ditty, Finance Analyst II
SUBJECT: TRANSIT DEVELOPMENT ACT ARTICLE 4 CLAIM FOR FISCAL YEAR 2023-2024 RESOLUTION ADOPTION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 3032, a Resolution of the City Council of the City of Shafter, approving the filing of TDA Article 4 Claim for Fiscal Year 2023-2024.

BACKGROUND
Annually, the City must submit to the Kern Council of Governments claims for Local Transit Assistance (Article 4) and Streets and Roads Maintenance and Improvement (Article 8).

The City of Shafter’s total Transportation Development Act (TDA) allocation for FY 2023-2024 is estimated at $1,401,237 including $1,152,070 of Local Transportation Funds (LTF). This total is made up of several components, some of which are restricted to specific transit needs but the majority becomes available for street and road projects once the City’s transit needs are fully funded.

ANALYSIS
The Public Transit Assistance (Article 4) Claim for FY 2023-24 is $105,603 including the City’s regional planning obligation, which is deducted from the total allocation for the first claim. This claim will be funded with $171,638 of STAF funding, $1,453 of LTF money restricted for transit capital purchases, and $31,373 of LTF funding, leaving roughly $1,023,682 in current year LTF funding available for Streets and Roads Maintenance and Improvement Assistance (Article 8) Claim projects. Claims to reflect the local allocation of State and Federal monies authorized by the Transportation Development Act of 1971, as amended, shall be prepared and transmitted to the Kern Council of Governments. Those claims will reflect the projects which were either completed or proposed in the City of Shafter multiple year budgets.

FISCAL IMPACT
The funds for Article 4 are annually budgeted and the funding source assists in the delivery of transit services in the community. The prepared Article 4 claim in the amount of $105,603 must be approved by the City Council to secure the available funding. No budget amendment is required at this time.

TRANSIT DEVELOPMENT ACT ARTICLE 4 CLAIM FOR FISCAL YEAR 2023-2024 RESOLUTION

ADOPTION
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a resolution for Transit Development Act Article 4 claims 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. Resolution 3032

2. 23-24 TDA Article 4 CLAIM Rpt

RESOLUTION NO. 3032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING THE FILING OF TDA ARTICLE 4 CLAIM FOR FISCAL YEAR 2023- 2024
WHEREAS, Transportation Development Act Article 4 and State Transit Assistance Funds Article 6.5 are available for Cities to provide public transit and are held in trust by the Kern County Auditor-Controller for use by eligible claimants for the purpose authorized by Article 4; and
WHEREAS, the City of Shafter has established a public transit system and desires to fund its operation and capital requirements with TDA and STA funds.

NOW THEREFORE BE IT RESOLVED by the City of Shafter that the City Manager is authorized to execute and file an appropriate transit claim with all necessary supporting documents, with the Kern County Council of Governments for fiscal year 2023-2024; and be it further
RESOLVED that a copy of this Resolution be transmitted to the Kern County Council of Governments in conjunction with the filing of the claim; and the Kern County Council of Governments be requested to concur in these findings and grant the allocation of funds specified in the Article 4 Claim.

PASSED AND ADOPTED this 5th day of August, 2025.
______________________________
Chad Givens, Mayor
ATTEST:
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

I. Claimant Information
Agency: City of Shafter
Mailing Address: 336 Pacific Ave., Shafter, CA 93263
Office Address: 336 Pacific Ave.,
City, State, Zip Shafter, CA 93263
Telephone: (661) 746-5043
II. Contact Person
Name: Roger Sanchez
Title: Finance Director
Department: Finance
Mailing Address: 336 Pacific Ave., Shafter, CA 93263
Office Address: 336 Pacific Ave.,
City, State, Zip Shafter, CA 93263
Telephone: (661) 746-5043
FAX: (661) 746-1002
E-Mail: [email protected]
WEB Site: www.shafter.com
2023-2024
2022-2023
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM
2023-2024
PART 1 OF 8 -- CLAIMANT INFORMATION

A. CLAIM: The City of Shafter hereby claims Local Transportation B. COMPLIANCE
ASSURANCES: The City of Shafter hereby certifies that, as a condition of City of Shafter
Claimant
Signature Date
Finance Director
Title
C. FINANCIAL
ASSURANCES: As the chief financial officer of the City of Shafter Signature Date
Finance Director
Title
PART 2 OF 8 - CLAIM AND ASSURANCES
For Fiscal Year 2023-2024
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM
Fund and State Transit Assistance Fund apportionments and allocations for the 2022-2023 fisca l year plus all unencumbered funds and/or deferred revenues held in its local treasury for public transit uses. receiving funds pursuant to California Public Utilities Code Sections 99200, et. seq., and California Code of Regulations Sections 6600, et. seq., as amended, it shall ensure that:

The person whose signature appears below has been authorized to provide the assurances cited above and to prepare, submit and execute this claim on behalf of:

I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the State of California.

2. All funds will be expended in accordance with the budgets described in Part 6 of this claim, attached hereto and made a part hereof, by this reference.

These assurances are given in consideration of and the for the purpose of obtaining any and all funds apportioned and allocated for public transit purposes pursuant to Public Utilities Codes, Division 10, Part 11, Chapter 4 of the State of California.

1. All funds will be expended in compliance with the requirements of California Public Utilities Code Sections 99200 through 99408, California Code of Regulations Sections 6600 through 6756 and Kern Council of Governments' Transportation Development Act Rules and Regulations. 07/29/2025
07/29/2025

CLAIMANT: City of Shafter
$0
($27,094)
$0

1. FTA Planning Assistance $0

2. FTA Operating Assistance $0

3. FTA Capital Assistance $0

4. Transfer In Federal Grant - (5311) $318,899

1. State Capital Grants - LCTOP $0

2. State Capital Grants - SOGR $0

1. LTF--Regional Planning (PUC 99262) $0

2. LTF--Operations/Capital (PUC 99260a) $0

3. LTF--Capital Reserve Withdrawl (CCR 6648) $0

4. LTF--Social Service Transit (PUC 99275) $0

5. LTF--Contracted/Purchased Transit Services (PUC 99400c) $0

6. STAF--Operations (CCR 6730a) $0

7. STAF--Capital (CCR 6730b) $0

8. STAF--Contracted/Purchased Transit Services (CCR 6731b)

9. STAF--Social Service Transit (CCR 6731c)

10. County of Kern--Service Contract(s) $0

11. 1. Passenger Fares $24,579

2. Special Fares

3. School Bus Service $0

4. Freight Tariffs $0

5. Charters $0

1. County of Kern--Service Contract(s) $19,880

2. $0
$336,264
B. Unreserved/Unrestricted Retained Earnings
G. Operating Revenues:

H. Other Revenues (Source & Amount):

I. TOTAL FY 2022-2023 PROJECTED AVAILABLE RESOURCES -- enter here and Part 4, Line J (Sections A+B+C+D+E+F+G+H)
C. Interest Earnings -- interest earnings on claimant cash balances through June 30, 2024
D. Federal Grants & Reimbursements (Source & Amount):

E. State Grants & Reimbursements (Source & Amount):

F. Local Cash Grants & Reimbursements (Source & Amount) A. Deferred Revenues -- unexpended prior year cash receipts held in the claimant's treasury as of June 30, 2022 (from the most recent audit report) Kern Council of Governments
PART 3 OF 8--PROJECTED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2023-2024
I. FY 2022-2023 PROJECTED AVAILABLE RESOURCES

CLAIMANT: City of Shafter
$336,264

1. Administrative Salaries & Wages $35,300

2. Operating Salaries & Wages $104,723

3. Other Salaries & Wages $0

4. Fringe Benefits $70,901

1. Professional Services $5,306

2. Maintenance Services $1,179

3. Other Services (Admin Charges) $92,773

4. Vehicle Maintenance & Supplies $29,605

5. Utilities $9,370

6. Insurance $9,723

7. Purchased Transportation Services $0

8. Miscellaneous

9. Expense & Inter-fund Transfers $33,272

10. Interest

11. Lease & Rentals

12. Other (training, travel, Other ) $869

1. $0

2. 3.

4. 5.

1. Regional Planning Contribution (from FY 2022-2023 TDA Estimate) $31,373

2. $424,394
($88,129)
P. DEFERRED REVENUES AND AVAILABLE RESERVES AS OF JUNE 30, 2023 -- enter here and on Line A, Part 5 (Sections J-O)
Kern Council of Governments
PART 4 OF 8--PROJECTED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2023-2024
J. TOTAL FY 2022-2023 PROJECTED AVAILABLE RESOURCES (From Part 3, Line I) II. FY 2022-2023 PROJECTED EXPENSES & USES
K. Personnel:

L. Services & Supplies:

M. Capital Assets (Itemize by Object & Amount):

N. Other Uses (Object & Amount):

O. FY 2022-2023 PROJECTED EXPENSES & USES (Sections K+L+M+N)

CLAIMANT: City of Shafter
($88,129)
$0

1. FTA Planning Assistance $35,631

2. FTA Operating Assistance $356,602

3. FTA Capital Assistance $0

4. 5311 $141,168

1. State Capital Grants - LCTOP $0

2. State Capital Grants - SOGR $0

1. 470210-SJVAPCD-San Joaquin Air Control $398,480

2. $0

3. $0

1. Passenger Fares $27,079

2. Special Fares

3. School Bus Service

4. Freight Tariffs

5. Charters

1. County of Kern--Service Contract(s) $19,383

2. $890,214
G. Other Revenues (Source/Amount):

I. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES--enter here and on Part 6, Line J (Sections A+B+C+D+E+F+G)
B. Interest Earnings--interest earnings on claimant cash balances through June 30, 2024 C. Federal Grants and Reimbursements:

D. State Grants and Reimbursements (Source/Amount):

E. Non-TDA Local Cash Grants and Reimbursement (Source/Amount):

I. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES A. Deferred Revenues & Available Reserves-- unexpended prior year cash receipts and reserves held in the claimant's treasury as of June 30, 2023 (From Part 4, Line P) F. Operating Revenues:

Kern Council of Governments
PART 5 OF 8--BUDGETED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2023-2024

CLAIMANT: City of Shafter
$890,214

1. Administrative Salaries & Wages $47,898

2. Operating Salaries & Wages $131,968

3. Other Salaries & Wages $0

4. Fringe Benefits $117,017

1. Professional Services $4,755

2. Maintenance Services $3,788

3. Other Services $117,130

4. Vehicle Maintenance & Supplies $26,900

5. Utilities $17,241

6. Insurance $15,599

7. Purchased Transportation Services

8. Miscellaneous

9. Expense & Inter-fund Transfers $63,358

10. Interest

11. Lease & Rentals

12. Other $3,476

1. 470210-SJVAPCD-San Joaquin Air Control $411,056

2. 3.

4. 5.

1. Regional Planning Contribution (from most recent TDA estimate) $35,631

2. Capital Outlay Reserve Contribution
$995,817
P. FY 2023-2024 UNFUNDED BALANCE (Line J-O) ($105,603)
Kern Council of Governments
PART 6 OF 8--BUDGETED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2023-2024
J. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES (From Part 5, Line I)
II. FY 2023-2024 BUDGETED EXPENSES & USES
K. Personnel:

L. Services & Supplies:

M. Capital Assets (Itemize and identify funding source - i.e., TDA, FTA 5311, CMAQ):

N. Other Uses:

O. FY 2023-2024 BUDGETED EXPENSES & USES (Sections K+L+M+N)

CLAIMANT: City of Shafter
($105,603)

1. LTF--Regional Planning (PUC 99262) (Same as Part 6, Line N1) $35,631

2. LTF--Operations/Capital (PUC 99260a) $7,679

3. LTF--Capital Reserve Withdrawal (CCR 6648) $0

4. LTF--Social Service Transit (PUC 99275)

5. LTF--Contracted/Purchased Transit Services (PUC 99400c)

6. LTF--Capital Res. Contrib.(CCR 6648) (Same as Part 6, Line N2)

7. STAF--Operations (CCR 6730a) $62,293

8. STAF--Capital (CCR 6730b)

9. STAF--Contracted/Purchased Transit Services ( CCR 6731b)

10. STAF--Social Service Transit (CCR 6731c)

11. 12.
$105,603
$0
I. FY 2023-2024 UNFUNDED BALANCE (From Part 6, Line P)
II. FY 2023-2024 TDA TRANSIT FUNDING CLAIM
III. FY 2023-2024 TDA FUNDING CLAIM (Should equal line I) UNEXPENDED RESOURCES AS OF JUNE 30, 2024 (Line I+Line III)(Should be $0) Kern Council of Governments
PART 7 OF 8--TDA FUNDING CLAIM
For Fiscal Year 2023-2024

Kern Council of Governments
PART 8.1 OF 8--SUPPLEMENTAL PUBLIC TRANSIT INFORMATION
For Fiscal Year 2023-2024
1) A copy of the governing body's authorization to execute and file this claim. 5) A copy of the Department of California Highway Patrol form number CHP339, "Transit Operator Compliance Certificate", dated within the past 13 months, documenting participation in the California Department of Motor Vehicles "Driver Pull Notice Program.
4) A copy of the "unmet transit needs" documentation, including a legal notice of a public hearing, the minutes of the public hearing held by the local governing body and a resolution making the appropriate "unmet transit needs finding".
3) A listing of all transit service subcontractors (BELOW) and a copy of the contract document, if not previously submitted.

Attach the following documents:
2) A completed copy of the attached questionnaire (BELOW) on system characteristics and any additional documentation required as a result of responding to each query. 6) Date of the most recent completed annual TDA internal audit: Month: Day: Year

(NOTE: Place an "X" in the proper column)
Question YES NO

1. Have all recommendations for corrective action from the FY 2022-2023 independent financial audit report been implemented ? IF NO, PLEASE

SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH
RECOMMENDATION NOT ADDRESSED. X

2. Have all recommendations for corrective action from the FY 2021-2022 performance audit report been implemented ? IF NO, PLEASE SUBMIT A

CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION
NO ADDRESSED. X

3. Have all past transportation development plan recommendations been implemented ? IF NO, PLEASE SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED. X

4. Does the claimant maintain it's financial records in accordance with the California State Controller's approved "uniform system of accounts and records ? X

5. Has the claimant submitted it's "Annual Report of Financial Transactions of Transit Operators" to the California State Controller for the fiscal year ended June 30, 2022 ? X

6. Is the system expected to meet the applicable farebox revenue ratio requirement for FY 2022-2023 ? (10% for rural and 20% for urbanized operators) X

7. Is the system budgeted to meet the applicable farebox revenue ratio requirement for FY 2023-2024 ? (10% for rural and 20% for urbanized operators) X

8. If the answer to questions 6 or 7 is NO (i.e. fares revenues alone are insufficient to meet the applicable revenue ratio requirement), has the claimant committed sufficient "local funds" to supplement fares and thereby comply ?

9. Does the claimant expect to qualify for and claim an "extension of service exemption" for either FY 2022-2023 or FY 2023-2024 ? X

10. Is a budget increase in excess of 15% proposed for FY 2023-2024 ? X

11. Is an increase or decrease in excess of 15% in the scope of operations or capital budget provisions proposed for FY 2023-2024 ? X PART 8.2 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
Kern Council of Governments

(NOTE: Place an "X" in the proper column)
Question YES NO
(NOTE: If the answer to question 11 or 12 is YES, PLEASE SUBMIT A

STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE

INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE
CHANGE.)

12. Is the claimant proposing an increase in executive level salaries for FY 2023-2024 ? IF YES, PLEASE SUBMIT A STATEMENT WHICH
DEFINES AND JUSTIFIES THE INCREASE. X

13. Is the claimant precluded by contract from contracting with common carriers or persons operating under franchise or license ? X

14. Does the claimant expect to subcontract with outside parties for the provision of operator services in FY 2023-2024 ? IF YES, PLEASE

SUBMIT A COPY OF ALL NEW OR AMENDED CONTRACTS NOT
PREVIOUSLY SUBMITTED. X

15. Is the claimant precluded by contract from employing part-time drivers ? X

16. Does the claimant routinely staff public transportation vehicles designed to be operated by one person with two or more persons ? X

17. Has the claimant's participation in the California Department of Motor Vehicle "Driver Pull Notice Program" been certified by the California Highway Patrol within the past 13 months ? IF YES, PLEASE SUBMIT A COPY OF FORM chp 339, "TRANSIT OPERATOR COMPLIANCE
CERTIFICATE". X

18. Is the claimant's retirement system fully funded with respect to it's officers and employees ? X

19. Does the claimant have a private pension plan ? X

20. If the answer to question 19 is YES and the plan is a "defined benefit plan", does the claimant do each of the following:
a. Conduct periodic actuarial studies of it's employee pension plans to determine the annual cost of future pension benefits ?
b. Set aside and invest, on a current basis, funds sufficient to provide for the payment of future pension benefits ?
Kern Council of Governments
PART 8.3 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024

3. PART 8.4 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
City of Shafter
Kern Council of Governments

1. LISTING OF SUBCONTRACTORS

2. 8.
(NOTE: If the contract is new or amended from prior years, please submit a copy.) None

9. 10.

6. 7.

4. 5.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Kyle Ditty, Finance Analyst II
SUBJECT: TRANSIT DEVELOPMENT ACT ARTICLE 8 CLAIM FOR FISCAL YEAR 2023-2024 RESOLUTION ADOPTION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 3033, a Resolution of the City Council of the City of Shafter, approving the execution and filing of a Transit Development Act (TDA) Article 8 Claim for Fiscal Year 2023-2024.

BACKGROUND
Annually, the City must submit to the Kern Council of Governments claims for Local Transit Assistance (Article 4) and Streets and Roads Maintenance and Improvement (Article 8). Claims to reflect the local allocation of State and Federal monies authorized by the Transportation Development Act of 1971, as amended, shall be prepared and transmitted to the Kern Council of Governments. Those claims will reflect the projects which were either completed or proposed in the City of Shafter multiple year budgets, or as otherwise approved by the City Council.

ANALYSIS
The City of Shafter had available Local Transportation Funds (LFT) allocation for FY 2023-2024 estimated at $1,152,070 and a prior year balance of LTF funds at KernCOG in the amount of $526,603 for a total of $1,678,673. Of this total, $35,631 is being used for the City’s Regional Planning Contribution and $0 for Public Transportation (Article 4). This leaves $1,754,402 plus $0 in projected interest, available for streets and roads projects (Article 8).

The City had $40,098 in TDA Funds on hand on June 30, 2023. This balance plus the TDA funding and projected interest outlined above totals $1,718,771, which is also the total TDA streets and roads projects reported in this claim. Staff has prepared the attached Article 8 Claim form in the amount of $1,404,554 to draw down the additional TDA funding needed to complete the $1,444,652 in street projects. Individual projects will be presented for City Council approval when construction bids and/or quotes are received.

FISCAL IMPACT

TRANSIT DEVELOPMENT ACT ARTICLE 8 CLAIM FOR FISCAL YEAR 2023-2024 RESOLUTION

ADOPTION
- 2 -
The funds for Article 8 are annually budgeted, and the funding source is used for street and road maintenance and construction throughout the City. The prepared Article 8 claim in the amount of $1,404,554 must be approved by the City Council to secure the available funding for these projects. As individual projects proceed, they will be brought before the City Council for approval. No budget amendment 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 a resolution for Transit Development Act Article 8 claims 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. Resolution 3033

2. 23-24 TDA_Street Claim form Article 8

RESOLUTION NO. 3033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

APPROVING THE EXECUTION AND FILING OF A TRANSIT DEVELOPMENT ACT ARTICLE 8 CLAIM FOR FISCAL YEAR 2023-2024
WHEREAS, Transportation Development Act of 1971 provides for the disbursement of funds from the Local Transportation Fund held in trust by the Kern County Auditor-Controller for use by eligible claimants for the purpose authorized by Article 8, Section 99400 Streets and Roads; and
WHEREAS, an eligible claimant wishing to receive an allocation from the Local Transportation Fund must file its application with the Kern County Council of Governments pursuant to the rules and regulations that have been adopted by the Secretary of the Business and Transportation Agency of the State of California in accordance with the provisions of the aforementioned legislation; and
WHEREAS, funds from the Local Transportation fund will be required to maintain the street and road system and provide public transportation; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shafter that the City Manager is authorized to execute and file an appropriate claim pursuant to the terms of the Transportation Development Act of 1971, as amended, and pursuant to applicable rules and regulations promulgated thereunder, together with all necessary supporting documents, with the Kern County Council of Governments for fiscal year 2023-2024 Transportation Development Act monies; and be it further
RESOLVED that a copy of this Resolution be transmitted to the Kern County Council of Governments in conjunction with the filing of the claim; and the Kern County Council of Governments be requested to concur in these findings and grant the allocation of funds specified in the Article 8 Claim.

PASSED AND ADOPTED this 5th day of August, 2025.
______________________________
Chad Givens, Mayor
ATTEST:
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

I. Claimant
Agency: City of Shafter
Mailing Address: 336 Pacific Avenue
Office Address: 336 Pacific Avenue
City/State/Zip: Shafter, CA 93263
Telephone: (661) 746-5001
WEB Site: https://www.shafter.com
II. Contact Person
Name: Roger Sanchez
Title: Finance Director
Department: Finance
Office Address: 336 Pacific Avenue
City/State/Zip: Shafter, CA 93263
Telephone: (661) 745-5043
E-mail: [email protected]
2023-2024
2022-2023
Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT
STREETS AND ROADS CLAIM (FY 2023-2024 )
Part 1 of 6 - CLAIMANT INFORMATION

A. CLAIM: The City of Shafter hereby claims all Local Transportation Fund City of Shafter
et seq. and California Administrative Code Section 6600, et seq., as amended, it shall ensure that:

City of Shafter
Claimant
Signature Date
Finance Director
Title
City of Shafter
State of California.

Signature Date
Finance Director
Title
attached hereto and made a part hereof, by this reference.

These assurances are given in consideration of and for the purpose of obtaining any and all funds allocated C. FINANCIAL ASSURANCES: As the chief financial officer of the I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the for streets and roads purposes pursuant to Public Utilities Code, Division 10, Part 11, Chapter 4 of the State of California.

The person whose signature appears below has been authorized to provide the assurances cited above and prepare, submit and execute this claim on behalf of:

1. All funds will be expended in compliance with the requirements of Public Utilities Code Sections 99200 through 99408, California Administrative Code Sections 6600 through 6684, Office of the State Controller "Guidelines Relating to Gas Tax Expenditures" and Kern Council of Governments' Transportation Development

2. All funds will be expended in accordance with the budgets described in Parts 4 and 5 of this claim, Act Rules and Regulations.
hereby certifies that, as a condition of receiving funds pursuant to Public Utilities Code Section 99200, City of Shafter

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
B. COMPLIANCE ASSURANCES: The
Part 2 of 6 - Claim and Assurances
For Fiscal Year 2023-2024
apportionments and allocations for the 2023-2024 fiscal year plus all unencumbered fund balances and/or deferred revenues held in its local treasury less funds first allocated for transit uses. 07/29/2025
07/29/2025

Amount
$ 2,158,757
$ -
$ 10,242
$ -
$ 2,168,999
$ 355,132
$ 1,773,769
K. TOTAL FY 2022-2023 EXPENDITURES (Lines F+G+H+I+J) 2,128,902 $ $ 40,098
L. AVAILABLE RESOURCES AT JUNE 30, 2023 -enter here and Part 4, Line A (Line E-K)
F. Administration and Engineering
G. Maintenance
H. Construction
I. Equipment

1. Local Transportation Fund
J. Other
C. Prior Year Interest Earned - interest earnings on claimant cash balances through June 30, 2023
E. TOTAL FY 2022-2023 AVAILABLE RESOURCES (Lines A+B1+C+D) II. FY 2022-2023 Expenditures
D. Fund Balance - Actual fund balances or reserves held in claimant's treasury as of June 30, 2022 (from prior year audit report) I. Prior Year Available Resources
A. Deferred Revenues - Actual unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2022 (from prior year audit report) B. Prior Year Cash Receipts from trust funds - TDA cash receipts through June 30, 2023
City of Shafter

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 3 of 6 - FY 2022-2023 Revenues and Expenditures
Account/Description

Amount
$ 40,098
$ 526,603
$ 1,152,070
$ 35,631
$ -
$ 1,754,402
$ -
$ -
$ 35,631
$ 1,718,771
$ 435,612
$ 1,009,040
$ 1,444,652
$ -
$ 274,120
FY 2023-2024 NET CLAIM AMOUNT (Line M - Line A) $ 1,404,554 O. DEFERRED REVENUES OR FUND BALANCE AT JUNE 30, 2024
(Line G-M-N1)
For Fiscal Year 2023-2024

1. Local Transportation Fund

2. Regional Planning Contribution
balances through June 30, 2024
C. FY 2023-2024 Trust Fund Apportionments - (from Kern COG estimate) D. FY 2022-2023 Interest Earned - estimated interest earnings on claimant cash B. Trust Fund Balances at June 30, 2023

1. Local Transportation Fund
E. TOTAL ESTIMATED FY 2023-2024 AVAILABLE RESOURCES
(Line A+B1+C1+C2+D)
I. Prior Year Available Resources
A. Available Resources - estimated unexpended prior year TDA cash receipts held in claimant's treasury as of June 30, 2023 (from Part 3, Line L) H. Administration and Engineering

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 4 of 6 - Object Budget
Account/Description
I. Maintenance
J. Construction
K. Equipment
II. FY 2023-2024 Planning & Transit Allocations
F. Local Transportation Fund
G. NET ESTIMATED PRIOR YEAR AVAILABLE RESOURCES (Line E-F1-F2) III. FY 2023-2024 Estimated Expenditures

1. Public Transit (from transit claim)

2. Regional Planning Contribution (from Fund Estimate, Schedule B) N. Capital Outlay Reserve Allocations

1. Local Transportation Fund
L. Other
M. TOTAL FY 2023-2024 ESTIMATED EXPENDITURES-Itemize in Part 5 (Line H+I+J+K+L)

Location/Description Type Expenditures
Requires project location and description of project
ST00003-Street Striping – Pedestrian M 13,005 $
ST00004-Curbs, Gutters, & Sidewalks M 7,191 $
ST00006-Pavement Sealing M 404,498 $
ST00011-ADA Imp. - Streets & Sidewalks M 10,918 $
ST00028-Santa Fe Way Shoulder Improvements C 184,563 $
ST00040-Zerker Zerker Signal Light Project M - $
ST00032-7th Standard Rd#2 LN Reconstruction C 82,029 $
ST00036-Lerdo Hwy Reconstruction Proj. SB1 C 502,635 $
ST00037-2022 Zerker Rd Reconstruction Proj. C 239,813 $ ST00002-Widen 7th Std.Rd.- Santa Fe to 43 C - $
ST00029-Hwy 43 Roundabout Project @Santa Fe C - $
ST00034-2023 James St. Streetlight Project C - $
$ 1,444,652
City of
TOTAL FY 2022-2023 PROJECT EXPENDITURES (Equal to Part 4, Line M) For Fiscal Year 2023-2024

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 5 of 6 - Project Budget

City of Shafter

TRANSPORTATION DEVELOPMENT ACT

STREETS AND ROADS CLAIM
Part 6 of 6 - Supplemental Information
For Fiscal Year 2023-2024
Attach the following documentation:

1. A copy of the proof of publication for the public notice regarding conduct of a hearing for the purpose of receiving public testimony regarding transit needs within the claimant's service area.

2. A copy of the governing body's resolution or minute order which makes one of the following findings:
a. There are no unmet transit needs.
b. There are no unmet transit needs that are reasonable to meet. c. There are unmet transit needs, including needs that are reasonable to meet.

3. A copy of the governing body's authorization to execute and file this claim.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Chris Schultz, Deputy IT Director
SUBJECT: SMALL GOVERNMENT ENTERPRISE LICENSE 3-YEAR
AGREEMENT WITH ESRI, INC. (MAPPING SERVICES)

APPROVAL

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; Council authorize the Deputy Information Technology Director to approve a new 3-year Small Government Enterprise License Agreement and make the intial-year payment of $42,200 by way of Quote #525173, dated April 10, 2025, to Environmental Systems Research Institute, Inc. (ESRI) for continued use of citywide mapping resources.

BACKGROUND
City Staff continue to rely on the use of its enterprise Geographic Information System (GIS). Our current agreement with ESRI, Inc. allows staff to have access to data and maps in the field as well as in the office. Many City departments rely heavily on the GIS services in order to make smart decisions regarding personnel, assets, business operations, and financial conclusions. This is the third, 3-year renewal of our small government enterprise agreement with ESRI. Although received in April, City Staff have been in negotiations on the cost structure of the agreement, which included a favorable outcome for the City by not including any annual price increases over the next three years, and locking in the current per year price for three additional years after the terms of this agreement are met.

Staff frequently view online dashboards that provide them with accurate, up-to-theminute data and a customized experience that saves time. Moreover, the City’s GIS staff continue to expand the services provided within our SGEA, including the continued expanded use of drone technology to assist in surveying city property, and maintaining our public-facing website dedicated to spatial data and maps, the Shafter Mapping Center. This past fiscal year, GIS has expanded its role even further by assisting our economic development office; generating numerous reports for Public Works in order to report to the State of California and avoid penalties; as well as contributing to the notification process necessary to inform the public about utility rate increases. Additionally, an analysis was conducted by Staff to determine how much money the City saves by utilizing our RTK/GNSS high-precision GPS correction equipment in the field versus contracting the land surveying work out to a third-party

SMALL GOVERNMENT ENTERPRISE LICENSE 3-YEAR AGREEMENT WITH ESRI, INC. (MAPPING SERVICES) APPROVAL
- 2 -
company. It was determined that the Enterprise GIS system, along with the RTK equipment, save the City an estimated $68,000 annually in contracting fees.

FISCAL IMPACT
Operational funds from multiple city departments have been allocated in the Fiscal Year 2025-2026 operating budget to adequately absorb the initial-year cost of $42,200. No additional fiscal 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 approval of an enterprise license agreement and therefore, it is the creation of a governmental funding mechanism 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. ESRI ELA Renewal Quote 525173

Quotation # Q-525173
Date: April 10, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 123969 Contract #
City of Shafter
GIS Office
720 Commerce Way
Shafter, CA 93263-9530
To expedite your order, please attach a copy of ATTENTION: Chris Schultz this quotation to your purchase order. PHONE: 661-746-5086 Quote is valid from: 4/10/2025 To: 7/9/2025 EMAIL: [email protected] Material Qty Term Unit Price Total
193205 1 Year 1 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 2 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 3 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $126,600.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $126,600.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Peter Thomas
Email:
[email protected]
Phone:
(909) 369-2192
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

THOMASP This offer is limited to the terms and conditions incorporated and attached herein. Page 190 of 324 Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)
This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”).

This Agreement sets forth the terms for Customer’s use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer
ArcGIS Enterprise Additional Capability Servers
ArcGIS Image Server
ArcGIS Online User Types
ArcGIS Online Viewer User Type
ArcGIS Enterprise User Types
ArcGIS Enterprise Viewer User Type
Capped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 10 ArcGIS Enterprise Contributor User Type 10 ArcGIS Online Mobile Worker User Type 35 ArcGIS Enterprise Mobile Worker User Type 35 ArcGIS Online Creator User Type 35 ArcGIS Enterprise Creator User Type 35 ArcGIS Online Professional User Type 10 ArcGIS Enterprise Professional User Type 10 ArcGIS Online Professional Plus User Type 10 ArcGIS Enterprise Professional Plus User Type 10 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
10 each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
10 each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other ArcGIS Location Sharing for ArcGIS Online 10 ArcGIS Location Sharing for ArcGIS Enterprise 10 ArcGIS Online Service Credits 25,000 ArcGIS Advanced Editing User Type Extension for ArcGIS Enterprise 10
Other Benefits
Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement (“Ordering Document”). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER’S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri’s receipt of an Ordering Document, unless otherwise agreed to by the parties (“Effective Date”).

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
“Case” means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
“Deploy”, “Deployed” and “Deployment” mean to
redistribute and install the Products and related
Authorization Codes within Customer’s
organization(s).
“Fee” means the fee set forth in the Quotation.
“Maintenance” means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
“Master Agreement” means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
“Product(s)” means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
“Quotation” means the offer letter and quotation
provided separately to Customer.
“Technical Support” means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
“Tier 1 Help Desk” means Customer’s point of
contact(s) to provide all Tier 1 Support within
Customer’s organization(s).
“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.
“Tier 2 Support” means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer’s consultants or
contractors to use the Products exclusively for
Customer’s benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer’s benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or governmentPage 193 of 324

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body’s approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer’s use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri’s sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer’s authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer’s
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri’s OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners’ business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners’ application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer’s access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri’s federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer’s centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer’s acquisition of another entity; or (iii) a transfer or sale of all or part of Customer’s
organization (subsections i, ii, and iii, collectively
referred to as “Ownership Change”). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer’s organization, that
portion of Customer’s organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Michael James, Public Works Director
SUBJECT: ALL-WAY STOP INTERSECTION AT JAMES STREET AND

SUNSET AVENUE

RECOMMENDATION
Council find that the project is exempt from the California Environmental Quality Act; authorize the installation of stop signs at the intersection of James Street and Sunset Avenue to establish an all-way stop intersection as recommended in the Stop Sign Warrant Report approved by the Public Works Director.

BACKGROUND
The Public Works Department conducted an all-stop warrant analysis for the intersection of James Street at Sunset Avenue in response to community concerns about visibility and safety. The intersection is currently controlled by stop signs on Sunset Avenue only, while James Street allows continuous traffic flow. Field observations indicate that on-street parking near the Shafter Learning Center significantly obstructs sightlines for motorists and pedestrians, creating potential safety hazards. While the intersection does not meet standard multi-way stop warrants based solely on accident history or traffic volumes, the findings of the Stop Sign Warrant Report support the installation of stop signs on James Street to convert the intersection into an all-way stop. This modification is anticipated to improve visibility and enhance right-of-way clarity for all road users.

FISCAL IMPACT
The installation of additional stop signs on James Street at Sunset Avenue will be performed by the City’s Public Works Department using existing Staff resources and materials. The total cost is expected to be minimal and can be accommodated within the current fiscal year’s traffic control and maintenance budget. No additional appropriations are required.

CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The project involves the design and construction of additional stops signs at an existing intersection for health and safety purposes and involves no expansion of the intersection.

ALL-WAY STOP INTERSECTION AT JAMES STREET AND SUNSET AVENUE - 2 -

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Stop Sign Warrant- James Street at Sunset Avenue

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TENTATIVE TRACT MAP NO. 7464

RECOMMENDATION
City Council find the action has already complied with the California Environmental Quality Act; and adopt Resolution No. 3034, a Resolution of the City Council of the City of Shafter, approving Tentative Tract Map No. 7464, as depicted in Exhibit "A", with conditions of approval as shown in Exhibit "B", proposing to subdivide 97.32 gross acres into 329 lots.

BACKGROUND
Lennar Homes, on behalf of the property owner, Millrose Properties California, is requesting approval of a tentative tract map to subdivide approximately 97.32 gross acres into 329 total lots. This will include 324 single-family residences, two public parks, one drainage basin, and two public landscape lots. The residential lots range in size from 4,000 square feet to 10,000 square feet.

At this time, the applicant is merely applying for a map approval as part of the entitlement process. Further design and development of the proposed residential subdivision will undergo additional review and permitting processes.

PROJECT ANALYSIS
The project site is located on the southeastern edge of the City, north of Seventh Standard Road and within the Mission Lakes Specific Plan. In relation to the other Mission Lakes tracts that have been recently approved by the City Council so far, this tract is directly north of Tract 7463 and northwest of Tract 7462. The future Mission Lakes Boulevard serves as the southern boundary of the tract, and the future Chapala Street will be the eastern boundary.

This is the fourth residential tract application that the City has received for the Mission Lakes Specific Plan area from Lennar Homes as the subdivider. Tentative Tract Map 7461 was approved by the Shafter City Council in January 2025, allowing for the future development of 281 single-family residences. Tentative Tract Map 7462 was approved in May 2025 for 836 single-family residential lots, and Tentative Tract 7463 was approved in June 2025 for 548 single-family homes. If this map is also approved, the total tentative subdivision approval will include 1,989 future single-family homes in the

TENTATIVE TRACT MAP NO. 7464
- 2 -
Mission Lakes Specific Plan area.

A variety of floor plans will be provided that will appeal to a wide range of future home buyers, responding to both local and regional housing needs. As the City entitles and permits more housing units, the City makes progress in meeting the 6th Cycle Regional Housing Needs Assessment (RHNA) as identified in the City of Shafter’s 2023-2031 Housing Element Update. Under the RHNA process, the City is assigned its “fair share” of new housing units to build in order to plan for the housing needs of its residents across all income levels, plan for projected growth, and help alleviate California’s housing shortage.

Tract 7464 will also contain two new public parks. Lot A is a 3.51-acre park site located in the center of the tract. Lot ‘E’ is a 21.19-acre park on the corner of Mission Lakes Blvd and Chapala Street. The drainage basin will be at the northwest corner of this park, screened on all sides by a masonry block wall. There will be an extensive system of landscaped walkways, primary paseos, and secondary paseos within the tract designed to enhance walkability, increase connectivity throughout the specific plan area, and promote healthy living.

The tract is located two miles east of the Wonderful Industrial Park, one of Shafter’s major employment hubs, which places housing at a close proximity to work. Proximity between jobs and housing can help reduce the region’s vehicle miles traveled and contribute to emission reduction goals. As housing production increases within Shafter, commercial real estate groups may be incentivized to invest in the community and foster projects that will boost the local economy and quality of life.

On the south boundary of Tract 7464, Mission Lakes Boulevard will be developed as an arterial street with four travel lanes, two auxiliary/bike lanes, a landscaped median, and a primary paseo on one side of the street. There will be three access points into the tract from Mission Lakes Boulevard, at Pueblo Street, Pedregoza Street, and Bullfrog Lane. Pedregoza Street will have a secondary paseo on the west side of the street, and it will serve as a main access point to the 40-acre recreational site on the southern tract 7463. To the east of the tract, Chapala Street will also be developed as an arterial street with a primary paseo on the park side. The primary paseos will be 30 feet-wide with formal landscaping.

PROJECT REVIEW
The standards and procedures for review and approval of a tentative tract map are generally governed by the California Subdivision Map Act and Title 16 of the Shafter Municipal Code, which is our local Subdivision Ordinance. The proposed tentative tract map has been designed to be consistent with the design elements, development standards, and housing unit capacity required by the Mission Lakes Specific Plan.

The proposed subdivision project was reviewed by the Planning, Building, Public Works and Engineering Departments of the City of Shafter. To the best of staff’s combined knowledge, the proposed project satisfies all applicable local and state ordinances and

TENTATIVE TRACT MAP NO. 7464
- 3 -
regulations at this stage of the development process. Moreover, staff have compiled a list of conditions of approval (as shown in Exhibit “B” of Resolution No. 3034) that reflect additional necessary requirements and rules that the project proponent will have to satisfy and comply with in the ongoing design and development of this tract. More thorough analysis and project review will occur at future steps of the entitlement, permitting, and construction phases.

Affected public agencies and service providers were given an opportunity to review the map, provide comments, and propose conditions of approval prior to the Planning Commission hearing. As required by law, public notice was also provided to any parties within 300 feet of the project boundaries, and a public hearing notice was published in the local press within the required timeline.

MISSION LAKES SPECIFIC PLAN CONSISTENCY
The proposed residential project is consistent with the adopted Mission Lakes Specific Plan and the lot size, configuration, and density meet the requirements for Planning Areas 2a and 11, as identified in the Specific Plan. The circulation plan, street configuration, trails, parks, landscaping, and proposed improvements are all consistent with the Mission Lakes Specific Plan and approved amendments.

MINERAL RIGHTS
Atlantic Richfield Company (ARCO) owns 100% of the mineral rights underlying the project site. As required by state law, ARCO is identified on the tentative tract map as the mineral rights owner. To date, ARCO has not provided comments on the map.

PUBLIC COMMENTS
To date, no public comments on the project have been received. No public comments were received at the July 8th Planning Commission regular meeting either when the item was presented.

PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission considered the tentative tract map on July 08, 2025. The Planning Commission unanimously approved and adopted Resolution No. 25-466, recommending the City Council approve the tentative tract map (Tentative Tract No. 7464) subject to the recommended conditions of approval.

FINDINGS

1. The City Council finds that Tentative Tract No. 7464, with the Conditions of Approval, is consistent with the Shafter General Plan and the Mission Lakes Specific Plan.

2. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act, and with Title 16 (Subdivision Ordinance) of the Shafter

TENTATIVE TRACT MAP NO. 7464
- 4 -
Municipal Code. The proposed lots are in substantial conformance with the provisions of City Ordinances and all lots will have adequate access to public streets, water lines, fire hydrants, drainage facilities, and utilities.

3. The project’s uses and design are compatible with projects adjacent to the Mission Lakes Specific Plan.

4. The project contributes to the design qualities expected under the Mission Lakes Specific Plan.

5. The project has demonstrated compliance with the policies of the City of Shafter 2005 General Plan.

6. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Mission Lakes Specific Plan.

7. The project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457.

ALTERNATIVES

1. Disapprove the tentative map. Government Code §66474 of the Subdivision Map Act specifies that the Council may only deny the tentative map if it can be found that the map design or improvements are inconstant with the General Plan, the type or density of development are physically unsuitable for the site, it is likely that the development will cause environmental damage, it is likely that the development will cause serious public health problems, or that the design will conflict with public easements. None of the required findings for denial apply to the proposed map. Staff do not recommend this option.

2. Delay approval of the tentative map. The City Council is required by Government Code §66452.2 to take action on the tentative map within 30 days of the filing of the recommendation from the Planning Commission. The Planning Commission recommended approval of the tentative map on July 08, 2025, so final action by the Council is needed before August 08, 2025. Since there are no other City Council meetings scheduled before the aforementioned date, Council should not delay the map any further. Staff do not recommend this option.

3. Take no action on the tentative map. If the City Council takes no action on the map prior to August 08, 2025, Government Code §66452.4 stipulates that the map is automatically deemed approved. Staff do not recommend this option.

FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of the tentative tract map.

Indirectly, the approval may expedite the development of the residential project.

Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.

CEQA ANALYSIS

TENTATIVE TRACT MAP NO. 7464
- 5 -
The proposed tentative tract map includes residential development consistent with the adopted Mission Lakes Specific Plan. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7464 as adopted in the Mission Lakes Specific Plan.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Vicinity Map

2. Resolution 3034

3. Exhibit "A" of Resolution No. 3034

4. Exhibit "B" of Resolution No. 3034

HWY 99 NB
HWY 99 NB
HWY 99 SB
Copyright nearmap 2015
Site Locations
City Limits

TRACT 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 0.33 0.65 1.3 Miles ¯
TRACT NO. 7464 VICINITY MAP

EXHIBIT 2
RESOLUTION NO. 3034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING TENTATIVE TRACT NO. 7464, AS DEPICTED IN EXHIBIT “A”, WITH CONDITIONS OF APPROVAL AS SHOWN IN EXHIBIT “B”,
WHEREAS, Lennar Homes of California, Inc., 5 River Park Place East., Suite 210, Fresno, CA 93720, submitted a tentative tract map application to the City of Shafter to subdivide

97.32 acres (gross) into 324 single-family residential lots, 2 public park lots, 1 basin lot, and 2 landscape lots within the adopted Mission Lakes Specific Plan; and WHEREAS, Lennar Homes of California, Inc., 5 River Park Place East., Suite 210, Fresno, CA 93720, is requesting approval of Tentative Tract No. 7464 on that certain property in the City of Shafter as shown in Exhibit “A”; and
WHEREAS, the Planning Commission did, on July 08, 2025 approve Resolution No. 25- 466; a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve Tentative Tract No. 7464 with conditions of approval; and WHEREAS, the City Council, through its Secretary, did set Tuesday, August 05, 2025, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said Planning Commission on said proposal, and notice of the public hearing was given in the manner provided in Title 16 of the Shafter Municipal Code; and
WHEREAS, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457; and WHEREAS, the project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029) pursuant to Resolution No. 05-1738; and
WHEREAS, the certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7464 and is consistent with the Mission Lakes Specific Plan and approved alterations thereof; and
WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearing support the findings contained in this resolution; and WHEREAS, at said public hearing held on August 05, 2025, the proposed tentative tract map was duly heard and considered, and the City Council found as follows:

1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area, the mineral rights owner, and published in a local newspaper of general circulation at least 10 days prior to the hearing.

2. The proposed tentative tract map is only proposing residential development

Shafter City Council Resolution No. 3034
August 05, 2025

consistent with the Mission Lakes Specific Plan as amended. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7464 within the Mission Lakes Specific Plan area.

3. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act and with Title 16 (Subdivision Ordinance) of the Shafter Municipal Code. The proposed lots are in substantial conformance with the provisions of the Mission Lakes Specific Plan and all lots have adequate and proper access to public streets, sanitary sewer, water lines, fire hydrants, drainage structures and utilities.

4. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Mission Lakes Specific Plan.

5. Urban services are available for the proposed development. The project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the project will deliver utilities to the individual lots or parcels to be created.

6. The proposed subdivision (Tentative Tract No. 7464), together with the provisions for its design and improvement, is consistent with the City of Shafter General Plan. The proposed density and intensity of development are consistent with the Mission Lakes Specific Plan.

Proposed road improvements are consistent with the Circulation Program. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular meeting on the 5th day of August 2025, hereby approves Tentative Tract Map No. 7464, as described above and as shown in Exhibit “A”, with conditions of approval as provided in Exhibit “B”.

PASSED AND ADOPTED THIS 5th DAY OF AUGUST, 2025.
_____________________________
Chad Givens, Mayor
ATTEST
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

FRIANT-KERN CANAL HIGHWAY 99 CALLOWAY DRIVE COFFEE ROAD SNOW ROAD HIGHWAY 65 CALLOWAY CANALZERKER ROAD
7TH STANDARD ROAD
N
TENTATIVE TRACT NO. 7464
EXHIBIT "A"

TENTATIVE TRACT NO. 7464

ZERKER ROAD
223 224 226
145 143 142 141
68 69
71 72
79 80
81 118 119
38 103
104
105
106
107
108
109
112
111
115
102
116 117
113 114
138
137
139
140
136
134
135
120
121
122
123
124
129
133
46 47
48 49
50 51
52 45
60 65
64 63
62 61
54 59
58 53
55 57
56 101
93 100
99 98
97 96
95 94
87 82 83
92 91
90 89
88 85 86
84 127
126
131
132
130
125
128
1 14
13 12
11 10
9 8
22 18
17 16
19 20
15 21
3 6
5 4
7 2
28 31
29 30 37
36 33
32 35
42 23 44
24 43
25 40
26 41
27 39
34 174
182
178
175 176 177
179
180
157
181
188 187 186
191
185 184 183
192 193 194 195 196 197 198
190
74 75
76 77
78 148
66 156 155 154 153 152 151
70 67
73 150 149 147 146 144
256
257
258
279
278
268
267
266
265
264
263
270 269 271
262
259
277
260
275
273
272
276
274
261 280
281
255
282
158 160 159
161
162
164
165
166
167
168 169 170 171 172 173
110

LOT 'D' BASIN
301
299
300
298
297
296
295
283
290
293
292
291
289
294
287
286
285
284
288

LOT 'E' PARK
302
225 230
237
235 236 233
238
231 232 234 219 220 221 222 227
216 217
215
213
212
218
211
214
228 229
239
210 209 208 207 206 205
199 200 201 202 203 204

LOT 'A' PARK
304
305
308
307
306
312
314
315
313
311
303
316
310 309
324
323 322
319
318 317
241
240
321
320

LOT 'C'
254
253
252
242
247
243
244
245
246
249
248
250
251 NORTHERN PIKE DRIVE

BUCKHORN DRIVE

TREANA DRIVE FALLING TREE DRIVE

MUSKRAT DRIVE

MINK DRIVE

BRIDALVEIL DRIVE NORDIC LANE PUEBLO STREET WILD ROSE LANE MANATEE LANE PEDREGOZA STREET NEWT LANECHUTE LANE

PICKLE LANE COUGAR LANE FERN LANE

HURON DRIVE MAYFLY DRIVE

WATER LILY LANE
189

LOT 'B' LOOKOUT LANE

CHAPALA STREET LOCH NESS LANE

MISSION LAKES BOULEVARD

BULLFROG LANE
163
N
PARCEL 17 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 16 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 21 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 22 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 18 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 15 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 13 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R. PARCEL 28 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 27 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

TENTATIVE TRACT NO. 7464
PARCEL 24 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 18 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

SW 1/4 SECTION 26
T.28S., R.26E.

BUCKHORN DRIVE

TREANA DRIVE CHUTE LANE NEWT LANE
189
68 69
71 112
111
22 113
18 17
19 20 21
174
182
178
175
176 177
179
180
157
181
189 188 187 186
191
185 184 183
192 193 194 195 196 197 198
190
148
66 156 155 154 153 152 151
70 67
160 159 158
150 149 147
161
162
164
165
166
167 168
169 170 171 172 173 216
215
213
212
211
214 PUEBLO STREET

HURON DRIVE FERN LANE
163

WILD ROSE LANE NORDIC LANE

LOCH NESS LANE

BRIDALVEIL DRIVE

FALLING TREE DRIVE
N
TENTATIVE TRACT NO. 7464
PARCEL 22 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

SW 1/4 SECTION 26
T.28S., R.26E.

FALLING TREE DRIVE

BRIDALVEIL DRIVE PEDREGOZA STREET
223 226
145 143 142 141
119
115 116 117 118
114
146 144
279
278
277
276
280
281
282
225 230 231
219 220 221 222 227
217
218 228 229
209 208 207 206 205 210
199 200 201 202 203 204

LOT 'A' PARK COUGAR LANE FERN LANE

BUCKHORN DRIVE LOOKOUT LANE
224

LOCH NESS LANE

MANATEE LANE
N
TENTATIVE TRACT NO. 7464 PARCEL 18 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, SW 1/4 SECTION 26 PAGES 149-158, K.C.R.

T.28S., R.26E.

MUSKRAT DRIVE

MINK DRIVE WATER LILY LANE
268
267
266
265
270 269 271
275
273
272
274
297
296
295
283
290
293
291
289
294
287
286
285
284
288
237
236
235
233
238
232 234
239
305
308
307
306
312
314
313
311
310 309
318 317
241
240

FALLING TREE DRIVE COUGAR LANE

BRIDALVEIL DRIVE BULLFROG LANE

PICKLE LANE
292
N
TENTATIVE TRACT NO. 7464
PARCEL 18 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

LOT 'E' PARK

LOT 'D' BASIN

BULLFROG LANE MISSION LAKES

BOULEVARD

CHAPALA STREET
N
TENTATIVE TRACT NO. 7464
PARCEL 18 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 15 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 13 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 28 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PUEBLO STREET NORDIC LANEWILD ROSE LANE
72 38
105
106
107
108
109
46 47
48 49
50 51
45 60
65 64
63 62
61 59
14 13
12 11
10 16
15 28
29 42
23 44
24 43
25 40
26 41
27 39
74 75
76 77
78 73
110

HURON DRIVE LOCH NESS LANE

BRIDALVEIL DRIVE
N
TENTATIVE TRACT NO. 7464
PARCEL 22 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

MANATEE LANE
137
139
140
136
134
135
121
122
123
124
129
133
101
93 100
99 98
97 96
95 94
92 91
127
126
131
132
130
125
128
256
257
258
259
260
255
254
253
252
250
251 LOCH NESS LANE

NORTHERN PIKE DRIVE

PEDREGOZA STREET

LOT 'C'

LOT 'B'

BRIDALVEIL DRIVE
138

MISSION LAKES BOULEVARD
120
N
TENTATIVE TRACT NO. 7464
PARCEL 28 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 27 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PICKLE LANE
264
263
262
261
301
299
300
298
302
304
315
303
316
323 324
322
319
321
320
242
247
243
244
245
246
249
248

BULLFROG LANE

NORTHERN PIKE DRIVE

MISSION LAKES BOULEVARD

WATER LILY LANE

MAYFLY DRIVE
N
TENTATIVE TRACT NO. 7464
PARCEL 28 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

79 80
81 103
104
102
52 54
58 53
55 57
56 87
82 83
90 89
88 85 86
84 1
9 8
3 6
5 4
7 2
31 30 37
36 33
32 35
34 NORTHERN PIKE DRIVE NORDIC LANE PUEBLO STREETWILD ROSE LANE LOCH NESS LANE

MISSION LAKES BOULEVARD
N
TENTATIVE TRACT NO. 7464
PARCEL 22 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 27 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

PARCEL 24 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.

1 EXHIBIT “B”

CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 7464

GENERAL

1. The owner(s), project proponent(s), and/or applicant(s) (hereinafter referred to as “Developer”), solely at their cost and expense, shall defend, indemnify and hold harmless the City of Shafter (hereinafter referred to as “City”), its agents, legislative bodies, officers and employees regarding any legal or administrative action, claim or proceeding concerning approval of Tentative Tract No. 7464 and/or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act (hereinafter referred to as “CEQA”); or, at its election and in the alternative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bodies, officers and employees may be required to pay or otherwise pay because of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer’s obligations under these conditions of approval (hereinafter referred to as “Conditions”).

2. The Developer or the Developer’s engineer shall submit a list of all contractors and/or subcontractors performing work on this project to the City Finance Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City of Shafter.

3. The following disclosure shall be given as part of transfer of properties: “All your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws.”

4. Until all portions of the tentative tract have been developed, all vacant and undeveloped land, not being actively farmed, shall be maintained in a weed-free and clean manner by the Developer. Should said property not be so maintained, the City shall notify the property owner that the property is to be cleaned within thirty (30) days of receipt of said notice. If the property owner does not comply within the required time frame, City may then clear the land and bill the property owner for expenses incurred.

5. Unless a final map is recorded, this tentative tract shall expire twenty-four (24) months from the date of approval by the City Council, unless an extension is granted by the City Council

2 or by state law. If a discretionary extension is requested, the Developer, not less than sixty (60) days prior to the expiration date, shall submit to the City, the applicable processing fees and a completed application requesting an extension of the map approval in accordance with the provisions of the Municipal Code and the Subdivision Map Act. PLEASE NOTE: This will be the only notice given for the above specific expiration date. The applicant is responsible for initiating an extension request.

6. All construction and development shall be consistent with the City of Shafter Mission Lakes Specific Plan, the approved Tentative Tract No. 7464, and any approved alterations thereof.

PLANNING

7. Prior to initiating any grading or earthmoving within Tract No. 7464, the Developer shall provide the City of Shafter Planning Department with written confirmation from the San Joaquin Valley Air Pollution Control District (SJVAPCD) that the proposed development follows the requirements of the District’s Rule 9510.

8. The Developer shall be required to permanently maintain all landscaping, except for landscaping included in the Community Facilities District, including the replacement of any trees or shrubs that do not survive.

9. Only the street names or alternate street names that have been approved on the Tentative Tract Map shall be shown on the Final Map(s) for Tract No. 7464. If the Developer wishes to change the street names at any point in time, a street name change request will need to be submitted to the Shafter Planning Department and approved prior to changing or using any proposed street names.

10. If the Developer proposes to phase the map or make any changes to the approved tentative map contents, the Developer shall submit a Substantial Conformance application to the Planning Director for review and approval. If the map is phased, the Planning Department may request that the Developer apply for a Change of Conditions to update any affected conditions of approval, as necessary.

11. Approved access shall be provided for each lot in accordance with City standards.

12. All roof-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as much as practical from view from public streets.

13. With the exception of model houses, as provided in Section 3.080, Chapter 3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City of Shafter until Tract No. 7464 has been recorded pursuant to the requirements of the California Subdivision Map Act and Title 16 (Subdivision Ordinance), of the Shafter Municipal Code.

14. If Condition No. 143 (Subdivision Improvement Agreement) is initiated by the Developer and executed by the City of Shafter, no building permit shall be issued until wet utilities have been installed, an all-weather surface roadway is completed on the subject property,

3 and survey stakes or other form of temporary documentation will be provided for, and approved by the Building and Safety Inspector, to verify building location. Missing stakes or other temporary documentation will result in delays in inspection schedule.

15. The following note shall appear on the final map and all grading and construction plans:
a. If during grading or construction, any plugged, abandoned, or unrecorded oil or gas wells are uncovered or damaged, the California Department of Conservation/Geologic Energy Management Division (CalGEM) shall be contacted to inspect and approve any remediation required.
b. If any abandoned water wells are located within the development or discovered during excavation or grading, the Kern County Public Health Department - Environmental Health Services Program must be contacted to obtain information for the proper permitting and destruction procedures.
c. Building setbacks on lots with existing plugged wells shall satisfy the requirements of the CalGEM. If the recommended setbacks cannot be satisfied, the Developer shall submit, concurrent with the submittal for a building permit for the impacted lot, written confirmation from the CalGEM that the setback provided is acceptable.

16. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions. Verification of compliance will be the responsibility of the City of Shafter Building Inspection Division.

17. Prior to construction, the Developer shall submit plans for the public parks to be developed on Lot ‘A’ and Lot ‘E’, approved under Tentative Tract No. 7464. The public park designs shall be approved by the City of Shafter in consultation with the North of the River Recreation and Park District. The public parks in Tract 7464 shall be fully constructed, landscaped, and completed by the Developer, consistent with the Mission Lakes Specific Plan and all applicable standards, prior to receiving over 60% of the Certificates of Occupancy (more specifically being the 195th Certificate of Occupancy) for this subject tract. Lot ‘A’ and Lot ‘E’ shall be dedicated/deeded to the North of the River Recreation and Park District upon completion and acceptance of all improvements by the City of Shafter.

As an alternative to dedication and transfer of ownership of the public parks to the North of the River Recreation and Park District, and subject to authority granted in state law, Developer may request the City consider alternative arrangements for the dedication and transfer of the public parks, as authorized by state law, either to the City of Shafter or a combination of the City of Shafter and the North of the River Recreation and Park District.

Such alternative arrangements shall be memorialized in an agreement approved by the City of Shafter and the North of the River Recreation and Park District, prior to acceptance of all improvements by the City of Shafter (except for the issuance of a certificate of occupancy for model homes). Nothing contained herein shall obligate the City or the North of the River Recreation and Park District to accept such alternative dedication and transfer.

4 18. The Developer of Tract No. 7464 shall comply with all SJVAPCD requirements while grading and developing the site. It is the Developer’s responsibility to contact the SJVAPCD to determine with which requirements/rules the Developer must comply.

19. Prior to recordation of any final map for Tract No. 7464, the Developer shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved and required by the City, which shall provide for a minimum square footage of residential units within the subdivision, and which shall provide for payment of park fees, traffic fees, and any other fees deemed necessary by the City.

20. All utilities shall be designed and constructed in such a way as to allow for them to be extended into any future residential development areas.

21. The landscape lots and trail system in Tract No. 7464 shall be planted with a combination of evergreen and deciduous trees at a density sufficient to provide a year-round visual buffer.

Tree species and spacing shall be reviewed and approved by the City as part of the approval of the landscape plans for the tract.

22. If during development activities, any wells are encountered, the property owner is expected to immediately notify the CalGEM construction site well review engineer in the Inland district office, and file for Division review an amended site plan with well casing diagrams.

23. On all corner lots and/or reverse corner lots within the tract, fences/walls shall not be located within the first 5 feet of the Public Utility Easement behind the street side yard and frontyard property lines. A note stating this must be included on all site plans during building permit review. The City will not permit walls nor fences to be built within the first five (5) feet of the PUE dedication on the side-yard of corner/reverse corner lots.

24. The Developer/Home Builder of Tract 7464 shall use a variety of floor plans within the residential tract as required in the City of Shafter Zoning Ordinance Table 2.B (Residential Floor Plan and Elevations Guidelines). Floor plans and elevations will be subject to the review and approval of the Shafter Planning and Building Departments. The Developer/Home Builder shall plot alternative floor plan types and/or elevation styles on contiguous lots within Tract 7464.

BUILDING

25. Prior to issuing a certificate of occupancy for any building, the building address(es) shall be permanently installed and be clearly visible from the street.

26. The Developer shall obtain a letter from Kern County Fire Department stating Kern County Fire’s approval of construction of 199 dwelling units within Tract 7464 without a secondary access. A copy of this letter shall be provided to the Building Department prior to the recording of a Final Map.

27. Prior to issuance of the first building permit, the Developer shall provide written confirmation to the City from the SJVAPCD confirming that any and all applicable off-site mitigation fees for the subdivision have been paid in full.

5 28. No final inspection or issuance of a certificate of occupancy shall be approved for any lot until all required improvements have been completed by the Developer and accepted by the City.

29. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits. The Developer can also elect to pay traffic impact fees at the time of each building permit’s issuance.

30. Developer shall comply with the latest California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits.

31. Prior to issuance of each building permit for houses within Tract No. 7464, Developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exterior building materials and colors, for each of the single-family residences to be constructed within Tract No. 7464. The siting of each structure on the plans must comply with the applicable lot development standards of the latest Mission Lakes Specific Plan. The architectural and landscaping design features of each residence within Tract 7464 must be in substantial compliance with the Mission Lakes Specific Plan Chapter 5: Design Guidelines.

32. Private drives constructed of Portland cement concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each home.

33. A landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the Planning Director and City Engineer. Said approved landscape and irrigation plan shall be implemented prior to receiving a final inspection for any house constructed within the subdivision. All landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards. Landscaping shall include an irrigation system for both the front-yard and the street side-yard (where applicable) provided the street side-yard is not obscured from sight from an adjacent street by fencing, for each lot within the subdivision. Landscaping shall comply with current State guidelines for residential landscaping.

34. Fiber Optic Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic requirements:
a. Install a Dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure (collectively “Utility Enclosure”) for the proposed communications utilities (phone, cable, fiber, etc.). The enclosure type shall be Benner-Nawman 14326W-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, 15-amp convenience receptacle inside the enclosure mounted on either side of the wall. A surge-protected receptacle must be installed or verification that an equivalent surge protection device (SPD) has been installed as an integral part of the service equipment

6 or located immediately adjacent to the service equipment to be in accordance with article 230.67 of the California Electrical Code.
b. Install a wireless-transparent Structured Media Enclosure (“Media Enclosure”), such as models: Legrand 30” ENP3050, Legrand 42” ENP4250, Leviton 30” 49605-30W, Primex Verge 30” P3000, 42” Primex Verge P4200, or as approved by the City. The Media Enclosure shall be installed in the wall of a master bedroom closet or a laundry room furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch clearance above any metallic appliances or accessories.

The Media Enclosure shall include one 120-volt, 15-amp convenience receptacle located inside the enclosure.
c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one (1) 1-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures. The conduit shall be marked with orange Tyvek or plastic tags, labeled “City Fiber 661-746-8929”, tie wrapped to the conduit in plain view within the enclosures.
d. Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right-of-way (“Distribution Enclosure”) to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36- inches below grade, protrude a minimum of 12-inches into the Utility Enclosure, be orange in color, and be factory labeled “City of Shafter 661-746-8929”. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter representative before shading and backfilling.
i. After backfilling, polyester cable pulling tape (Muletape), or equivalent, shall be installed in all conduit paths between the Distribution Enclosure and the Utility Enclosure. Mule tape shall be slack (no tension) and fastened to the plug or cap. ii. Couplings shall be used to repair damaged or short-length conduit only if approved by the City. Conduit couplings shall be an air-tight, water-tight, pushon compression fitting approved by the City. Tracer wire couplings shall be airtight, water-tight, twist on or compression connector approved by the City.

Coupling integrity shall be inspected by a City of Shafter representative. e. Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable (or as approved by the City) shall be installed according to industry standards and the requirements below, and shall not be pinched, stapled, bent sharply, or crossing any sharp, unprotected edges:
i. Install a minimum of two (2) cables from the Utility Enclosure to the Media Enclosure.

35. Developer shall be responsible for complying with any and all Pacific Gas and Electric requirements, for any development activity adjacent to/or within PG&E owned property, facilities and easements.

7 ENGINEERING

36. Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer. The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.

37. Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project.

38. A ten (10) foot public utility easement, as shown on the tentative map, shall be provided in the front of all lots and on the street side of all corner lots/reverse corner lots as requested by the utility companies and the City Engineer. Easements shall be granted with the final map. Easements must also be shown on individual site plans during building permit application review.

39. Easements to be given to the City or any other public utility agency for sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property without prior approval of the City Engineer.

40. Any above-ground utility cabinets or facilities to be located within the road right-of-way or public utility easement shall be permitted only upon approval by the City Engineer. Such approval will be made in writing, upon written request of the applicant and/or the affected utility company.

41. Any obstructions including utilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the Developer.

42. No final inspection shall be approved until all required improvements have been completed by the applicant and accepted by the City of Shafter.

43. All new utilities shall be underground service.

44. During construction, vehicular access points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust during periods of vehicular activity and/or windy conditions and tracking of mud and dirt on public roadways.

45. Prior to the issuance of a Certificate of Occupancy on any lot of Tract No. 7464, all required improvements shall be completed and accepted by the City of Shafter. Required improvements shall be those improvements necessary to provide adequate City Services to the subject lot as determined by the City Engineer.

46. All improvements shall be complete within one (1) year from the date of filing of the final map for the development unless a time extension is granted by the City Engineer. The timing of improvements shall be subject to approval of the City Engineer.

8 47. Type and location of centralized mail delivery units shall be determined by the postal service. If the postal service requires special easements for the placement of the delivery units, then said easements shall be shown on the final map.

48. All road, landscaping, trail, sidewalk, block wall, and paseo improvements, required by and consistent with Tract No. 7464 and the Mission Lakes Specific Plan, shall be constructed by the Developer and approved by the City of Shafter prior to recordation of the final map or shall be included as a public improvement in the subdivision improvement agreement. Wall plans, materials, and dimensions shall be consistent with the requirements of the Mission Lakes Specific Plan and Tentative Tract No. 7464 and shall be approved by the City of Shafter prior to construction. The timing of improvements shall be subject to approval of the City Engineer.

49. Developer shall place the entire subdivision within a new or add to an existing Community Facilities District prior to recordation of a final map and prior to acceptance of improvements by the City of Shafter. The maintenance district shall be set-up to cover the cost of street lighting, drainage basin maintenance, landscaping maintenance, and/or park maintenance, as well as all administrative costs associated with the City of Shafter’s management of the District.
a. The Developer shall be required to cover the cost of street lighting, maintain all landscaping, park maintenance, including the replacement of any trees or shrubs that do not survive, within public right-of-way and landscape easements for a period of one (1) year after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. b. Developer shall be fully responsible for the formation, and formation cost of the Community Facilities District, as directed by the City Engineer. c. Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the streetlights for a period of one (1) year after issuance of Notice of Completion.

50. Engineered plans and building permits are required for all block walls greater than 6 feet in height.

51. Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted to and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
a. A combination of fiber optic conduits shall minimally include 4” SDR-11 HDPE, 2” SDR-11 HDPE, 1.25” SDR-11 HDPE, and 7-Way bundled HPDE innerduct with attached tracer wire. Fiber optic conduits may be joint-trenched with other utility company pipes and/or conduits.

9 b. All underground fiber optic conduits, innerduct bundles, etc. shall be factory-labeled “City of Shafter 661-746-8929”. Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
c. All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solid-conductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the endpoint enclosures.
d. The ends of all fiber optic conduits and innerducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. e. After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits ½-inch or larger shall require polyester cable pulling tape (Muletape) or equivalent installed. Polyester cable pulling tape (Muletape) shall be slack (no tension) and fastened to the plug or cap. Innerducts shall be mandrel tested and are subject to inspection by a City of Shafter representative.
f. A combination of underground utility enclosures shall minimally include 36”W x 60”L x 36”D polymer concrete enclosures with dual torsion covers, 36”W x 36”L x 24-36”D and 24”W x 36”L x 24-36”D High Density Polyethylene (HDPE) enclosures.
g. All underground utility enclosures shall be factory-stamped “City Fiber”.

52. Prior to construction, all improvement plans and landscaping plans shall be approved by the City of Shafter.

53. The side-yard fences constructed along local streets shall consist of a masonry block retaining wall, or other material as approved by the City Engineer, topped with a wooden fence. Sufficient area behind the sidewalk shall be provided to accommodate the installation of community mailboxes, where required by the US Postal Service.

54. The final subdivision map proposed for recordation shall be in substantial conformance with the approved tentative map or any approved alterations thereafter.

ENGINEERING: GRADING & DRAINAGE

55. Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be submitted to and approved by the City Engineer. A master grading plan covering Tract No. 7464 shall be submitted and approved. Future development plans shall be based upon the approved master plan. Any deviation from the approved master plan will require the approval of the City Engineer.

56. The drainage/hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run-off will not impact surrounding properties.

The study shall focus on the project property and any affected adjacent properties.

10 57. A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with the latest edition of California Building Code, and Chapter 15.28 of the Shafter Municipal Code. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.

58. A grading permit shall be obtained from the City prior to commencement of any grading activity.

59. Prior to issuance of a building permit, the Developer shall file a “Rough Grade Certificate” with the City in accordance with the City Engineering Design Standards. Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certificate that the rough grade is in substantial conformance with the approved grading plan and Chapter 15.28 of the Shafter Municipal Code. Developer to obtain “Rough Grade Certificate” form from the City.

60. Prior to final approval, acceptance of work, or issuance of Certificate of Occupancy, the Developer’s engineer shall file a “Final Grade Certificate” stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain “Final Grade Certificate” form from the City.

61. The location and frequency of soils compaction testing shall be per the City Engineer. Soils compaction testing shall be provided by the Developer.

62. Minimum slopes across any flat surface shall be 1%. For slopes less than 1%, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, underground storm drain, or similar drainage structure.

63. All building pads shall provide a minimum of 2% slope away from each house to an earth swale, and a minimum of 1% from the highest point in the swale to the street. A four-inch landscape drain may be used to replace the earth swale. The minimum pad height shall be twelve (12) inches above the adjacent curb.

64. Street side corner lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal: 1 vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.

65. Wood retaining structures shall not be approved. Developer shall use masonry, keystone, concrete, or other approved material.

66. Engineered off-site drainage plans for Tentative Tract No. 7464 shall be submitted to and approved by the City of Shafter prior to recordation of a final map. The approved drainage facilities shall be constructed and approved by the City of Shafter prior to issuance of building permits.

67. All storm drain pipes and manholes shall be installed with the street paving. Catch basin shall be installed per city standards.

11 68. Drainage Basin:
a. Developer shall construct a drainage basin on Lot D as shown on the Tentative Tract Map No. 7464. Developer shall provide calculations showing all drainage areas utilizing the basin and show the percentage of the capacity utilized by Tract No. 7464. b. Developer shall construct permanent masonry walls around the proposed drainage basin on Lot D with a minimum 16’ access controlled by a gate.

69. The number and location of street-based siphons and cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0.6%.

70. Grading onto adjacent property shall not be done without written permission from the adjacent property owner.

71. The Office of the City Engineer shall be notified 24 hours in advance of the placement of any fill material.

72. Fill and/or import material shall be subject to the approval of the soils engineer.

73. Developer is responsible for the grading of lot pad areas to within 0.1 foot of the design elevations.

74. All areas in the site on which structures are to be placed must be compacted to 90% relative density, for a minimum distance of 5-feet in all directions from the foundations of the structure.

75. All fill material shall be moisture conditioned to at least 2% above optimum moisture and compacted to 90% relative density, as determined by test methods referenced in Chapter

15.28 of the Shafter Municipal Code, and so certified by test and report from the soils engineer.

76. The design engineer shall exercise sufficient supervisory control during grading operations to ensure compliance with the plans, specifications, and code within his purview.

77. The placement of fill shall be in 6-inch-maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically recommended otherwise in the preliminary soils report.

78. Compaction in proposed pavement areas should be per City standards and should extend to a minimum distance of 2-feet beyond the outside edges of pavement.

79. All cut and fill slopes shall not be steeper than 2 horizontal to 1 vertical.

80. All fill areas to be cleared of all vegetation and other unsuitable materials for a structural fill and the areas shall be scarified to a depth of 6-inches, unless specifically noted otherwise in the preliminary soils report.

12 81. All slopes in excess of three (3) feet shall be prepared and maintained to control against erosion.

82. Grading work shall be supervised as engineered grading in accordance with Chapter 15.28 of the Shafter Municipal Code.

83. During grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the project boundary.

84. Developer's attention is directed to the provisions of SJVAPCD's Regulation VIII - Fugitive PM 10 Prohibitions, which requires the submission of a Dust Control Plan for certain construction projects. Developer shall comply with all applicable SJVAPCD rules and regulations including the submission of a Dust Control Plan as may be applicable.

Current SJVAPCD rules and regulations are available online at http://www.valleyair.org/rules/1ruleslist.htm.

85. It shall be the Developer's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
c. Temporary suspension of the work, either as a result of order by the Engineer or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.

86. Any temporary drainage basin serving the subdivision shall be surrounded with a chain link fence with privacy slats.

ENGINEERING: WATER/FIRE

87. The Developer shall install two water systems for the project together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. One water system shall be developed exclusively for drinking or domestic water service. The other shall be for fire protection, irrigation of lawns, parks, and common landscape area and be provided by either existing or new wells. Developer shall submit water improvement plans to the City Engineer and Oildale Mutual Water Company for review and approval. Developer shall construct the public water system in accordance with Subdivision Engineering Design Manual for the subject property. The dual water system shall be constructed by the Developer and approved by the City of Shafter and Oildale Mutual Water Company prior to recordation of the final map.

13 88. To the greatest extent possible, above ground air-vac or air release valves required by Oildale Mutual Water Company shall be in public landscaping or entrances to Natural Trail areas, and not along residential property frontages. This requirement is subject to the approval of Oildale Mutual Water Company.

89. To the greatest extent possible, wet utilities (sewer, water, storm drain) shall be installed between the flowlines on all streets.

90. Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the Developer from the Kern County Fire Department. Evidence of this Certificate of Approval shall be provided to the City prior to acceptance of the water system by the City.

91. Prior to installation, all water improvement plans shall be reviewed and approved by the Kern County Fire Department. The review includes hydrant locations and access into and out of the tract. A plan review permit, obtained from the Kern County Fire Department, must be applied and paid for prior to the review of any modified or new tract map.

92. The water line size, location and materials shall be subject to the approval of the City Engineer. The minimum water line size shall be in accordance with the Subdivision and Engineering Design Manual.

93. Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer.

94. Whenever possible, the water system shall be looped to minimize dead ends.

95. Separate dual water services shall be installed for each residential property.

96. No permanent structures shall be constructed over proposed or existing utility easements.

97. Prior to issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted (CFC).

98. The Developer shall provide AWWA approved fire hydrants that comply with Kern County Development Standards (Clow 850 or equivalent).

99. The required fire hydrants shall be placed a maximum of 660 feet apart throughout the tract for firefighting purposes. Final hydrant locations shall be approved by Kern County Fire prior to installation.
100. The Developer shall install reflective markers to identify hydrant locations pursuant to California Health and Safety Code 13060.
101. The required fire hydrants shall provide a minimum fire flow of 1,500 gallons per minute for 2 hours with 20 PSI residual, or as determined by the Kern County Fire Department.

14 102. The water system for the required fire hydrants shall be looped, if practicable. 103. The Developer shall install the required water, access and street signs prior to issuance of any building permit.
104. A fire flow test shall be performed and approved by the Kern County Fire Department prior to issuance of any building permit and before any Certificates of Occupancy are issued.

The Kern County Fire Department shall be contacted for a fire flow test and approval prior to the commencement of construction.
105. All fire access roads to each parcel must meet specifications set forth in Section 503.2 of the California Fire Code and the applicable Appendix and Ordinance sections. 106. All new residential construction will require automatic fire sprinklers and shall meet all other fire requirements of the California Fire Code.

ENGINEERING: SEWER
107. No properties shall be served by a septic system.
108. Developer shall install a sewer system for the development together with such materials, pipelines, manholes, and individual services for the purposes of the development. Developer shall submit sewer improvement plans to the City Engineer for review and approval prior to recordation of the final map. Developer shall construct the public sewer system in accordance with the Shafter Subdivision Engineering Design Manual for the subject property.
109. Sewer line size, location, slope, and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision and Engineering Design Manual. 110. Tie-ins to existing sewer mains, manholes, or other structures shall be constructed as directed by the City Engineer.
111. Sewer pipelines and manholes shall be installed within the proposed street paving of the development.
112. Separate sewer services shall be installed for each property. At no time shall sewer be joint trenched with water.
113. Sewer lines shall not be permitted in easements between the backyards or side-yards of residential lots.
114. No permanent structures shall be constructed over proposed or existing utility easements.

ENGINEERING: STREET & TRAFFIC

15 115. Developer shall construct and provide rights-of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, walls, landscaping, streetlights, drive approaches, intersections, and other related improvements consistent with Tentative Tract No. 7464 and the Mission Lakes Specific Plan. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include:

Preliminary soils report, preliminary engineer’s estimate of construction costs; and plan check and inspection fees.
116. Additional rights of way easements or dedications necessary for street and/or public utility improvements located outside the tract boundary shall be granted to the City of Shafter prior to a final map recording.
117. The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvements shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual. 118. All local streets shall be developed as full-width streets in accordance with standards and specifications of the Mission Lakes Specific Plan and the City of Shafter, as approved by the City Engineer. All local streets shall be fifty-two (52) feet full right-of-way with forty (40) feet flowline to flowline.
119. Additional Street Requirements:
a. Developer intends to continue to use a modified 4.5-inch wedge shaped curb along home frontages similar to City of Fresno Standard P-9. City of Shafter agrees to the use of this 4.5-inch wedge shaped curb provided Developer supplies a slip form for a 4.5-inch wedge shaped curb that is consistent with the City of Shafter standard 6- inch curb. Final dimensions are subject to City of Shafter approval. It is the intention of the City to develop a City curb and gutter standard based on this wedge shape curb to better comply with ADA regulations on home frontages. This modified curb shall be used on residential lot frontages only.
b. Mission Lakes Boulevard shall be constructed to its full flowline to flowline width along the tract boundary. Sidewalk, landscaping, and wall improvements may be deferred along the opposite side of the subject tract on Mission Lakes Boulevard until those areas are developed.
c. Chapala Street shall be constructed to its full flowline to flowline width along the tract boundary. Sidewalk, landscaping, and wall improvements may be deferred along the east side of Chapala Street until those areas are developed. 120. Should a street transition to another street with a ninety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.

16 121. Cul-de-sac and street knuckle dimensions and radii to conform to the Subdivision and Engineering Design Manual and/or as approved by the City Engineer. The use of off-set cul-de-sacs is approved provided they meet the requirements of the City of Shafter. 122. Street signs shall be installed per City standards as required by the City Engineer. 123. During construction, the Developer shall maintain the project, including all adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings, and nighttime hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer. 124. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be at a depth as approved by the City Engineer.
125. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City’s Subdivision and Engineering Design Manual or as permitted by the City Engineer.
126. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb, or as specified by the Mission Lakes Specific Plan. Transitions at intersections and wheelchair ramps shall be provided and installed per the City’s Subdivision and Engineering Design Manual.
127. Monument and monument covers shall be set per City Standards. 128. Temporary turnarounds, if required, including right-of-way, shall be granted, designed, and installed per the Subdivision and Engineering Design Standards. 129. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top or face of curb with a stamped “S”.
130. Street lighting shall be installed in accordance with the City Engineering and Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the streetlights are established under the LS-2A rate schedule. 131. Secondary access easements shall be provided at the request of the City Engineer. Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer. Access roads shall be twenty (20) feet in width and shall consist of three (3) inches of Class II aggregate base over six (6) inches of native material compacted to 90% relative maximum density. 132. Waivers of direct access shall be dedicated and shown on the final map(s) for Tract No. 7464 as approved on the tentative map, subject to change by the request of the City Engineer. Said waivers of direct access shall also be shown on the individual plot plans during building permit application.

17 133. The Developer shall provide a secondary access to Tract No. 7464 from the Mission Lakes Boulevard prior to the issuance of a building permit for the 200th dwelling unit within Tract No. 7464.

ENGINEERING: LANDSCAPING
134. Electrical Source for Landscaping:
a. Developer shall supply and install landscaping electrical services to power any and all required timers, solenoids, pumps, motorized equipment. Cabinets and meter pedestals shall be approved by the City of Shafter. Developer shall contract with Pacific, Gas & Electric the location of each pedestal and make all arrangements for them to deliver power at each location.
135. Water Source for Landscaping:
a. Landscaping water service point of connection shall be approved by the City Engineer. The water source shall be from the non-potable water system installed with the tract.
136. Landscaping Enclosure:
a. Landscaping timers, electrical service fuses, breakers, etc., shall be installed within a commercial grade landscaping enclosure.
b. Commercial grade landscaping enclosure shall be installed within the dedicated landscaping area adjacent to the water source and/or electrical source. c. Commercial grade landscaping enclosure shall be installed on a concrete foundation poured onto a minimum of six (6) inches of native subgrade compacted to 90% (or in accordance with manufacturer’s recommendations, whichever is more stringent). d. The City of Shafter Subdivision and Design Manual requires a 110-volt duplex electrical service within the enclosure.
137. The Developer shall comply with all requirements for grading and erosion control, including the prevention of sedimentation or potential damage to off-site property. 138. Sleeves shall be placed under the proposed paving for landscape piping or low voltage electrical per the City Engineer.
139. Public landscaping throughout Tract 7464 shall be reviewed and approved by the City of Shafter prior to installation. Plans shall show the locations of water and electrical services necessary to serve the landscaping and lighting needs of these areas. 140. Landscape lots shall be equipped with a minimal number of benches, trash receptacles, water fountains, picnic tables, etc. as necessary. Details shall be worked out with the City during landscape plan review and approval.

18 141. Bollards or other effective obstructions shall be placed at the entrances of the landscape lots and wherever else they are deemed necessary by the City for pedestrian safety. 142. Developer shall dedicate the public landscaping lots to the City of Shafter at the time of recording of the final map.

ENGINEERING: SUBDIVISION IMPROVEMENT AGREEMENT
143. The Developer shall furnish the City of Shafter acceptable security to guarantee the construction of public improvements in accordance with all applicable provisions of the City of Shafter Municipal Code and the California Subdivision Map Act. The Developer shall enter into a subdivision improvement agreement with the City of Shafter for public improvements that are not yet completed at the time of Final Map approval. The subdivision improvement agreement must be approved by the Shafter City Council and recorded with the Kern County Assessor-Recorder.

CALIFORNIA DEPARTMENT OF CONSERVATION – GEOLOGIC ENERGY

MANAGEMENT DIVISION (CDC-CALGEM)
144. Any wells located within Tract 7464, prior to, or during, development activities shall be tested by the Developer for liquid and gas leakage. Surveyed locations should be provided to CalGEM in Latitude and Longitude, NAD 83 decimal format. Any wells found leaking must be reported immediately to CalGEM by the Developer. 145. No well work may be performed on any oil, gas, or geothermal well by the Developer without prior written approval from CalGEM. Well work requiring approval includes, but is not limited to, mitigating leaking gas or other fluids from abandoned wells, modifications to well casings, and/or any other re-abandonment work. The Developer must acquire any required approval from CalGEM prior to commencing any well work. The Division also regulates the top of a plugged and abandoned well's minimum and maximum depth below final grade. CCR §1723.5 states well casings shall be cut off at least 5 feet but no more than 10 feet below grade. If any well needs to be lowered or raised (i.e. casing cut down or casing riser added) to meet this regulation, the Developer must acquire the necessary permit(s) from the Division before commencing work.
146. The Developer shall notify the appropriate authorities if soil containing significant amounts of hydrocarbons is discovered during development.
147. If during development activities, any wells are encountered that were not previously reviewed by CalGEM, the Developer/property owner is expected to immediately notify CalGEM’s construction site well review engineer in the Inland district office, and file for

19 Division review an amended site plan with well casing diagrams. The District office will send a follow-up well evaluation letter to the property owner and local permitting agency.

NORTH OF THE RIVER RECREATION AND PARK DISTRICT
148. Prior to recordation of a final map, the subdivider shall dedicate land with free and clear title to North of the River Recreation and Park District based on a park land dedication requirement of 2.5 acres per 1,000 population in accordance with City of Shafter Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirements will change accordingly. Prior to recordation of a final map, the subdivider shall enter into an agreement with North of the River Recreation and Park District to implement and satisfy this condition. This subdivision is located within the boundaries of the North of the River Recreation and Park District. a. Subdivider shall dedicate 24.7 acres as planned park sites ‘A’ and ‘E’. 149. Prior to recordation of any final map, the subdivider shall record a covenant on the property disclosing the requirement to dedicate/reserve a public park pursuant to a park agreement with the North of the River Recreation and Park District. Covenant shall be reviewed for approval by the North of the River Recreation and Park District prior to recordation. 150. All park sites shall be improved to North of the River Recreation and Park District requirements/Standards via an agreement with North of the River Recreation and Park District and the subdivider (“Developer Built Park Agreement”). Said agreement shall include the scope and timing of the development of the park site. This agreement shall be recorded with the Kern County Recorder’s Office to run with the land. The agreement shall be in place prior to the 250th residential unit permit on Tract 7461 and prior to the approval of the park plans by North of the River Recreation and Park District and the City of Shafter for Tract 7461. If an extension is needed, North of the River Recreation and Park District may exercise the option to record a covenant on the tracts of Mission Lakes stating the work towards the agreement and extending the ability to develop 100 residential units in Tract 7464 and prior to the approval of the park plans for Tract 7464 by North of the River Recreation and Park District and the City of Shafter.
151. Prior to recordation of any final map, the subdivider shall record a covenant on all lots of the subdivision disclosing the potential for light, glare, traffic and noise disturbances associated with the operations of the existing park site. Covenant shall be prepared, reviewed for approval, and recorded by North of the River Recreation and Park District and submitted to City Planning prior to recordation.
152. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District.
153. Subdivider shall be responsible for improving streets adjacent to the park site to City standards.
154. As an alternative to dedication and transfer of the public park sites to the North of the River Recreation and Park District, and subject to authority granted in state law, Developer may

20 request the City consider alternative arrangements for the dedication and transfer of the public park sites, as authorized by state law, either to the City of Shafter or a combination of the City of Shafter and the North of the River Recreation and Park District. Such alternative arrangements shall be memorialized in an agreement approved by the City of Shafter and the North of the River Recreation and Park District, prior to acceptance of all improvements by the City of Shafter (except for the issuance of a certificate of occupancy for model homes). Nothing contained herein shall obligate the City of Shafter or the North of the River Recreation and Park District to accept such alternative dedication and transfer.

NORTH KERN WATER STORAGE DISTRICT
155. Developer should install a block wall for lots adjacent to the North Kern Water Storage District’s Spreading Ponds, to the north of Tract 7464:
a. Block wall and footing to be outside North Kern Parcel/Easement. No PUE or WFE on the NKWSD canal easement.
b. The developer should install a sound barrier wall or approved equal for the lots that are adjacent to District/landowner deep wells.
156. A cut-off wall is required to be installed along the spreading ponds bank where pad elevations are lower than the spreading pond high water elevation. 157. A License agreement shall be executed by the Developer for any facility crossings within the District’s easement. The License Agreement should be executed during the process of construction drawing approval and before the Developer bids for construction. 158. A Temporary Access agreement shall be entered into by the Developer and its contractor with the District. The Temporary Access Agreement shall be executed during the process of construction drawing approval and before the Developer bids for construction. 159. District requests the following improvement plans be submitted by the Developer for plan review: Grading plan, Block wall plan, Sewer, storm drain, water, dry utilities and landscape plans. Plans may be submitted online or in-person, to the attention of Deputy General Manager, Ram Venkatesan [email protected].
2005 GENERAL PLAN UPDATE MITIGATION
160. If a special-status species is observed during the development of the tract, then a focused species survey shall be completed. If a special-status species is found to be present during the survey, then appropriate mitigation measures shall be implemented in compliance with applicable state and federal law and guidance.
161. If human remains are encountered during the development of the tract, then no further disturbance shall occur until the Kern County Coroner has determined the origin and disposed of the remains.

21 162. Standard construction activities shall be limited to between 7 am and 7 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City.
163. If pile-driving activities occurs during the development of the tract, then such activity shall be limited to between 8 am and 4 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City. 164. If existing neighbors are located within 300 feet of the tract boundary, then 30-day notice is required prior to any pile-driving activities.
165. Signs shall be posted at the construction site that include permitted construction days and hours and a day and evening contact number.

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Giovanni Perez, Economic Development Coordinator SUBJECT: RESOLUTION ADOPTION FOR PURCHASE OF 185 CENTRAL AVENUE SHAFTER, CA 93263

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the Purchase and Sale Agreement (“Purchase Agreement”) for the purchase of the property located at 185 Central Avenue; approve a fiscal year 2025-026 budget adjustment from the General Fund for $90,000, and adopt Resolution 3035, authorizing City Manager’s designee, Kamal Siada, Economic Development Director, to execute all documents necessary to complete the transaction.

BACKGROUND
In response to growing parking concerns, City Staff conducted a Central Avenue Business Walk and Parking Survey on January 9, 2025. The results of this outreach were presented and discussed during a regular City council meeting on January 21, 2025. The results were as follows:
• Responses: 52% of 42 applicable businesses (Central Ave from Lerdo Hwy to Kern St);
• Parking as a Concern: 59% of the respondents highlighted parking as a concern; and
• Possible Remedies Discussed:

1. Additional Public Parking Space – City purchase initiated or private investment

2. Dedicated Employee Parking

3. Public Parking Signage
One opportunity emerged with the 0.17-acre parcel located at 185 Central Avenue, Shafter, CA 93263 (APN 027-150-03) (the “Property”), zoned as Downtown Commercial.

On May 20, 2025, City Council held a closed session to discuss the potential acquisition of the Property. During that session, the Council directed Staff to obtain a

RESOLUTION ADOPTION FOR PURCHASE OF 185 CENTRAL AVENUE SHAFTER, CA 93263 - 2 -
formal appraisal and initiate negotiations with the Property owner. A third-party appraisal subsequently validated a projected appraised price of $80,000.

Shortly after City Staff received the Property appraisal on June 10, 2025, Staff began negotiations with the owner. The property owner agreed to sell the Property to the City “AS-IS” for $80,000.

The Property was previously identified by Staff as a location for public parking expansion or potential multi-purpose activation, such as mobile food vendors, pop-up events, or a public gathering space. Given its location and zoning, the Property aligns well with current and future downtown priorities.

The following information is provided for informational purposes only. It does not constitute a vote at this time, pending post-acquisition considerations, such as the availability of a fully functional parking lot. To inform post-acquisition considerations, the Shafter Engineering team prepared strong estimates on a potential conversion to a fully functional parking lot. The Shafter Engineering Team provided strong estimates for the best-case scenario, along with a conceptual site plan for the parking layout:
• Best Case Scenario for Parking

1. Net gain of 12 Parking Stalls (Addition of 15 Stalls, Loss of 3 on Central Ave for Drive Approach)

2. Project Timeline: 6-8 months

3. Project Costs: $180,000 ($14,200 each parking stall) The information about a parking lot conversion presented above is for informational purposes at this stage.

Next Steps
If Council approves, Staff will obtain signatures and open escrow. Staff anticipate the title transfer to be completed in 60 days.

Motion
Approve Staff’s recommendation and authorize City Manager’s designee, Kamal Siada, Economic Development Director to execute the Purchase Agreement and take any other actions necessary to consummate the purchase of the Property.

FISCAL IMPACT
Staff requests a budget adjustment of $90,000 through the General Fund for the Fiscal Year 2025-2026. Combined with the appraisal, deposit, closing, and escrow fees, the entire purchase transaction is estimated to cost no more than $90,000.

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 purchase and sale instructions for the purchase of

RESOLUTION ADOPTION FOR PURCHASE OF 185 CENTRAL AVENUE SHAFTER, CA 93263 - 3 -
privately-owned property and acceptance of a declaration of restrictive covenants for said property 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 physical impact on the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution 3035

2. 20250630_185CentralAve_PSA_Unsigned

3. 20250723_185CentralAve_ConceptualSitePlan_ParkingLot

RESOLUTION NO. 3035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO A

PURCHASE AND SALE AGREEMENT TO ACQUIRE THE PROPERTY
LOCATED AT 185 CENTRAL AVENUE, APN 027-150-03
WHEREAS, the City of Shafter (the "City") desires to acquire the 0.17-acre real property located at 185 Central Avenue, Shafter, CA 93263 zoned Commercial – Professional Office, identified as Kern County Assessor’s Parcel Number 027-150-03, which is more fully described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”); WHEREAS, the Property will be acquired from NORTH WEST COUNTY PROPERTY MANAGEMENT LLC, a California limited liability company (“Seller”) in its “as-is” condition for the purchase price of $80,000;
WHEREAS, the acquisition of the Property supports the City’s efforts to address identified needs for downtown revitalization; and
WHEREAS, the terms and conditions of the proposed Purchase and Sale Agreement (“Purchase Agreement”) are being presented to City Council for approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER HEREBY RESOLVES AS FOLLOWS:

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

Section 2. City Council finds and approves the acquisition of the Property pursuant to the terms and conditions of the proposed Purchase Agreement.

Section 3. City Council hereby authorizes City Manager’s designee, Kamal Siada, Economic Development Director, to execute the Purchase and Sale Agreement, escrow instructions, Certificate of Acceptance, and any other related documents necessary to complete the acquisition.

Section 4. The action authorized by this Resolution does not authorize or approve a particular project, or grant any specific approval that would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act (“CEQA”). (See California Code of Regulations Title 14, Sections 15060(c); 15378(b).) As such, the mere approval of property acquisition and authorization to proceed does not constitute the approval of a “project” under CEQA, and no further action under CEQA is required.

Section 5. If any provision of this Resolution or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Resolution and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. In the event of such severance, the remaining provisions shall be interpreted and enforced as if the Resolution did not contain the severed provision, with all other provisions remaining in full force and effect.

17236.00000\43908657.3
Shafter City Council Resolution No. 3035
August 5, 2025

Section 6. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED THIS 5
TH DAY OF AUGUST, 2025.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

17236.00000\43908657.3
Shafter City Council Resolution No. 3035
August 5, 2025

EXHIBIT A

LEGAL DESCRIPTION
The Property referred to herein below is situated in the City of Shafter, County of Kern, State of California, and is described as follows:

Lots 31 and 32 in Block 14 of Shafter Townsite, in the City of Shafter, County of Kern, State of California, as per map recorded June 12, 1913 in Book 2 Page 66 of Maps in the Office of the County Recorder of said County.

SITE MAP – PROPERTY
The Property comprises the entirety of APN 027-150-03, which is approximately 0.17 acres in size, and which is depicted below.

17236.00000\43903932.1
06/23/25
1 PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated for reference purposes as of _______________, 2025, by and between NORTH WEST COUNTY PROPERTY MANAGEMENT LLC, a California limited liability company (“Seller”), and CITY OF SHAFTER, a California municipal corporation (“Buyer”) who agree as follows:

1. Purchase and Sale of Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, that certain real property located in the unincorporated area of Kern County, California, commonly referred to as 185 Central Ave, Shafter, CA 93263 Assessor’s Parcel Number 027-150- 03, all as more fully described in Exhibit A, together with all growing crops, rights, privileges, easements or appurtenances to or affecting the Land, including, but not limited to, all of Seller’s mineral rights, water rights, options, deliveries and all of Seller’s rights to applicable claims and proceeds thereunder (collectively, the “Property”).

2. Purchase Price. The purchase price for the Property (“Purchase Price”) shall be $80,000, and shall be paid as follows:(i) within 3 business days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith (“Escrow”) at Chicago Title (Candace Given at (661) 535-6433 @ [email protected]) (“Escrow Holder”), and Buyer shall deposit $2,400 into Escrow (“Initial Deposit”); and (ii) on or before the Closing, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow the balance of the Purchase Price, less any credits due Buyer hereunder (the “Closing Amount”).

3. Title to the Property/Seller’s Deliveries. At the Closing, Seller shall convey to Buyer good and marketable fee simple title to the Property by duly executed and acknowledged grant deed with no reservations of any rights and free of encumbrances (the “Deed”). As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed.

Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner’s policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided in Exhibit B attached hereto and incorporated herein by reference (the “Title Policy”). Within five (5) business days following the Effective Date, Seller shall deliver to Buyer materials requested by Buyer in Seller’s possession or control, or to which Seller has access (collectively, the “Seller’s Deliveries”). Seller shall deliver a Natural Hazards Disclosure Report with Seller’s Deliveries.

4. Feasibility.
(a) From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall afford authorized representatives of Buyer access to the Property for purposes of conducting such physical inspections and investigations of the Property as Buyer deems necessary (the “Inspections”). The Inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property and the systems serving the Property; (iii) a review of the environmental condition of the Property, including a Phase I

17236.00000\43903932.1
06/23/25
2 environmental site assessment and any proposal regarding a Phase II environmental site assessment. Buyer agrees not to conduct or cause to be conducted a Phase II environmental site assessment without the prior written consent of Seller, which may not be unreasonably withheld, conditioned, or delayed.
(b) As used herein, the term (“Feasibility Period”) shall refer to a period of time to expire at 5:00 p.m., California time, on the thirtieth (30th) calendar day following the Effective Date; provided, however, that if the 30th day is a Saturday, Sunday or holiday on which banking institutions are closed in the State of California, then the Feasibility Period shall expire on the following business day. Buyer may elect, by written notice to Seller at any time prior to the expiration of the Feasibility Period, to terminate this Agreement, which election shall be in Buyer's sole and absolute discretion. If Buyer desires to terminate this Agreement pursuant to this Section 4(b) then before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of Buyer's election to terminate (the “Buyer's Notice to Terminate”). If Buyer desires to proceed with the purchase of the Property subject to the remaining conditions set forth in this Agreement, then on or before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of such election to proceed (the “Buyer's Notice to Proceed”), electing to waive Buyer's right of termination pursuant to this Section 4(b) and proceed with the Closing subject to the remaining conditions set forth in this Agreement. If Buyer fails to deliver either Buyer's Notice to Terminate or Buyer's Notice to Proceed to Seller prior to the expiration of the Feasibility Period, then Buyer shall be deemed to have elected to terminate this Agreement. In the event of the termination of this Agreement pursuant to this Section 4(b), neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination).
(c) In the event Buyer elects to terminate this Agreement pursuant to Section 4(b), or if Closing does not occur for any reason, Buyer shall return all Seller's Deliveries to Seller.
(d) Deliveries Prior to Closing. Within five (5) days after the Effective Date, Seller shall deliver to Buyer, at Seller’s sole cost, true, correct, and complete copies of the following, to the extent in Seller’s possession or control:
(i) All title reports, surveys, environmental reports, and physical condition assessments of the Property;
(ii) All leases, amendments, and occupancy agreements;
(iii) All service contracts, management agreements, warranties, and other agreements affecting the Property;
(iv) Permits, licenses, certificates of occupancy, and government approvals for the Property;
(v) Real estate tax bills, operating expenses, and insurance loss history for the past three (3) years;

17236.00000\43903932.1
06/23/25
3 (vi) Copies of operating statements for the Property certified by Seller including an itemization of income and expenses and copies of all real property tax bills for the Property for such periods
(vii) Any notices of violations, pending litigation, or claims related to the Property; and
(viii) Any soils reports (if available); any structural, mechanical, environmental or geological reports concerning the Property which have been prepared at Seller’s request or which are within Seller’s possession or control; (ix) Any other documents reasonably requested by Buyer for due diligence.

5. LIQUIDATED DAMAGES. IF THE SALE OF THE PROPERTY IS NOT

CONSUMMATED SOLELY BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON

THE PART OF BUYER, THE DEPOSIT SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL

DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR

INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAVE BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES AND AS SELLER’S SOLE AND EXCLUSIVE

REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. FURTHERMORE, THE

PAYMENT AND RETENTION OF SUCH DEPOSIT AS LIQUIDATED DAMAGES IS NOT

INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED TO CONSTITUTE

LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.

INITIALS: Seller __________ Buyer __________

6. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represents and warrants to Buyer as follows: (a) Seller has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby, (b) this Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms; (c) there are no claims, actions, suits, investigations or other legal proceedings pending or threatened against or by Seller relating to or affecting the Property; (c) Seller has good and marketable title to the Property; and (d) Seller has fully disclosed in writing to Buyer all material information in Seller’s possession that relates to the Property, its condition, and the title to the Property.

7. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller that Buyer has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby.

17236.00000\43903932.1
06/23/25
4 This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms.

8. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein are intended to and shall be deemed made as of the date of this Agreement and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.

9. Sale “AS-IS”. Subject to Seller's representations and warranties contained herein, Buyer's election to purchase the Property will be based upon and will constitute evidence of Buyer's independent investigation of the Property, its use, development potential and suitability for Buyer's intended use.

10. Possession. Possession of the Property shall be delivered to Buyer on the Closing Date free of any occupant or property not being conveyed to Buyer as provided hereunder.

11. Seller’s Cooperation with Buyer. Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.

12. Professional Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney’s fees and costs incurred in connection with the prosecution or defense of said action,

13. Title to the Property. The Title Policy issued to Buyer pursuant to Section 3 of the Agreement, shall provide full coverage against mechanics’ and materialmen’s liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer’s approval of any title exceptions (the “Endorsements”). Within five (5) business days following the Effective Date, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than ten (10) days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves (“Buyer’s Disapproval Notice”). Failure of Buyer to notify Seller of Buyer’s disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) days after receipt of Buyer’s Disapproval Notice whether it elects to remove such other items disapproved by Buyer.

17236.00000\43903932.1
06/23/25
5 14. Conditions Precedent to Closing. The conditions precedent (“Conditions Precedent”) detailed below are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer’s sole and absolute discretion. In the event any Condition Precedent is not satisfied, Buyer may, in its sole and absolute discretion, terminate this Agreement. The following are the Conditions Precedent:
a. Buyer’s inspection, review and approval, in its sole discretion, of all of the following: (i) the physical characteristics and condition of the Property (including without limitation the condition of the soils); (ii) Seller’s Deliveries and (iii) the Preliminary Report and all aspects of the Property’s title pursuant to Section 13 above.
b. Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided above. c. Seller shall have complied with all of Seller’s duties and obligations contained in the Agreement and all of Seller’s representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.

15. Escrow; Closing, Prorations. This Section shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. In the event of any conflict between the provisions of the Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of the Agreement shall control. (a) The Closing shall take place (the “Closing” or “Closing Date”) on or before the date that is fifteen (15) days following the expiration of the Feasibility Period, or as may be extended as provided below.
(b) At or before the Closing, Seller shall deliver to Escrow Holder or Buyer a duly executed and acknowledged grant deed for the Property in a form substantially similar to Exhibit B attached hereto, and a general assignment of any pertinent rights for the Property. (c) At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following: (i) a closing statement, duly executed by Buyer; (ii) the Closing amount necessary to complete the purchase; and (iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
(d) Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. (e) Costs and expenses of Escrow incurred in this transaction shall be paid as follows: (1) Buyer shall pay the premium for a standard ALTA coverage owner’s policy of title insurance; Buyer shall pay the premium for any extended ALTA coverage if desired; (2) Buyer shall pay all of the Escrow fees, recording fees (if applicable) and related expenses; (3) all other

17236.00000\43903932.1
06/23/25
6 costs of escrow shall be paid equally by Buyer and Seller; (4) legal fees for purchase and sale agreement drafting shall be shared equally. Buyer, as a tax exempt public entity, shall not be required to pay any ad valorem property taxes pre-paid by Seller allocable to the period after the Closing.

16. Property Taxes. General real estate taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property (collectively, the “Taxes”), relating to the Property and payable during the year in which Closing occurs shall not be prorated between Seller and Buyer in Escrow. Upon recordation of the Grant Deed, Buyer will request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986. If current taxes have not yet been paid as of the Closing, then at Closing Seller shall pay through Escrow or out of Seller’s proceeds, the full amount of the installment applicable for the period of Seller’s ownership in which Closing occurs. If Seller has already paid the entire installment for such period, Seller shall be entitled to a refund from the taxing authority (but not Buyer) of any excess payment made to such authority on account of the Property, including any taxes paid by Seller and applicable to any period from and after the Closing Date. The taxing authority will notify Seller of any refund due Seller resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the county assessor. Seller retains the right, following Closing, to apply to the appropriate governmental authority/ies for refund of real property taxes pursuant to Revenue and Taxation Code Section 5096.7 (or such other applicable law), and Buyer shall reasonably cooperate with Seller’s efforts to obtain said refund.

17. Brokers. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. In the event that any such broker or finder claims a commission or finder's fee based upon any contact, dealings or communication, the party through whom the broker or finder makes its claim shall be responsible for said commission or fee and all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by the other party in defending against the same. The party through whom any such other broker or finder makes a claim shall hold harmless, indemnify and defend the other party hereto, its successors and assigns, agents, employees, officers and directors, and the Property from and against any and all obligations, liabilities, claims, demands, liens, encumbrances and losses (including, without limitation, attorneys' fees), arising out of, based on, or incurred as a result of such claim. The provisions of this Section 17 shall survive the Closing or termination of this Agreement.

18. Publicity and Confidentiality. Seller acknowledges that Buyer is a public entity and that this Agreement shall be a matter of public record and available to the public under the Public Records Act.

19. Miscellaneous. Buyer shall have the right to assign this Agreement without Seller’s consent or approval. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties and

17236.00000\43903932.1
06/23/25
7 supersede all prior agreements and understandings between the parties relating to the subject matter hereof. Time is of the essence of this Agreement. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. Time is of the essence of this Agreement. This Agreement has been negotiated at arm’s length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The undersigned represents they are authorized to enter into this Agreement and bind their respective party. Each party acknowledges and agrees that it has had the opportunity to consult with independent legal counsel of its own choosing prior to executing this Agreement. This Agreement has been negotiated at arm’s length, and no party shall be deemed the drafter of this Agreement for purposes of interpretation or construction. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement.

13. Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after being deposited with a reliable overnight courier service for next day delivery, (iii) two (2) business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed to the address shown below each party’s signature.
[SIGNATURES ON NEXT PAGE]

17236.00000\43903932.1
06/23/25
8 IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the date last written below (the “Effective Date”).

SELLER:

North West County Property Management LLC,
a California limited liability company
By:___________________
Name:________________
Its:________________
Date:_______________
Address for Notice:

North West County Property Management LLC
Attn: Jagdeep Dillon
178 Valley View Drive
Exeter, CA 93221
Phone: 559-786-6444
Email: [email protected]
BUYER:

CITY OF SHAFTER,
a California municipal corporation
By:___________________
Kamal Siada
Economic Development Director
Date:_______________
ATTEST:

Address for Notice:

City of Shafter
Attn: Kamal Siada
336 Pacific Avenue, Shafter, CA 93263
Phone: (661) 746-5000
Email: [email protected]

17236.00000\43903932.2
06/30/25
1 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 31 AND 32 IN BLOCK 14 OF SHAFTER TOWNSITE, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JUNE 12, 1913 IN BOOK 2 PAGE 66 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

17236.00000\43903932.1
06/23/25
2 EXHIBIT B

GRANT DEED

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Shafter
336 Pacific Avenue, Shafter, CA 93263
ATTN: City Clerk

EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: 027-150-03
Grant Deed
The undersigned Grantor(s) declare(s): __________________ is exempt from property taxes Documentary transfer tax is $0.

Computed on full value of property conveyed, or
Computed on full value less value of liens and encumbrances remaining at time of sale.

Unincorporated area City of Shafter and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORTH WEST COUNTRY PROPERTY MANAGEMENT LLC, a California limited liability company hereby GRANT(S) to
CITY OF SHAFTER, a California municipal corporation
the following described real property in the City of Shafter County of Kern
State of California:

SEE ATTACHED SCHEDULE 1
Dated: _______________, 20___ NORTH WEST COUNTRY PROPERTY MANAGEMENT LLC, a California limited liability company
By: _________________________________
Name: _________________________________
Its: _________________________________

17236.00000\43903932.1
06/23/25
3 Schedule 1
Property Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 31 AND 32 IN BLOCK 14 OF SHAFTER TOWNSITE, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JUNE 12, 1913 IN BOOK 2 PAGE 66 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

17236.00000\43903932.1
06/23/25
4 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF )
On , 20___ before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (seal)

17236.00000\43903932.1
06/23/25
5 CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Grant Deed dated __________________, 20___, from North West County Property Management LLC, a California limited liability company to the City of Shafter, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Shafter, pursuant to the authority conferred by Resolution No. _______, adopted by the City Council of the City of Shafter on ___________________, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated: _________________, 20___ CITY OF SHAFTER,
a California municipal corporation
By ____________________________

CITY OF SHAFTER

DOWNTOWN PARKING LOT
PRELIMINARY SITE LAYOUT SHEET 1OF
1 ISSUED FOR DISCUSSION

ENGINEERING
SER9ICES
DEPART0ENT
 PDFLILF AYHQXH
SKDIWHU CA
2
PKRQH:
1
5002 E 08N=ER ST
CENTRAL A9E
0 SCALE: 1"=10' 5 10 20

CONCEPTUAL

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director, Isarel Perez-Hernandez, Deputy Finance Director
SUBJECT: UTILITY BILLING SENIOR DISCOUNT PROGRAM

RECOMMENDATION
Council find the item does not require CEQA review; and adopt Resolution 3036, a Resolution of the City Council of the City of Shafter Authorizing the City Manager or Designee to appropriate $100,000 from the General Fund to support the Senior Discount Program for Utility Billing.

BACKGROUND
The purpose of the Senior Discount Program for Utility Billing, which was first introduced on July 15, 2025, was with the objective of providing information and options related to establishing a senior discount program for City utility services, including water, sewer, and refuse.

DISCUSSION
Senior discount programs are a common tool used by California cities and special districts to provide financial relief to older adults, especially those on fixed incomes.

These programs help promote affordability and protect vulnerable populations from rising utility costs. Several nearby jurisdictions currently offer such discounts, including:
• Wasco: 30% discount on monthly Water UB for qualifying seniors • Delano: 15% discount on water, sewer, and refuse services • Fresno: 10–14% discount on sewer and solid waste services for low-income seniors
• Visalia: Flat-rate discount for income-qualified seniors aged 60+ A visual summary of comparable senior discount programs in Delano, Wasco, Fresno, and Visalia is provided below for reference.

UTILITY BILLING SENIOR DISCOUNT PROGRAM
- 2 -

FINANCIAL COMMITMENT
To help illustrate the program’s potential impact, one chart displays the monthly savings of a senior customer receiving a 20%, 25%, or 30% discount on a typical water bill of $48.70. A second chart extrapolates the annual cost to the City if 550 seniors were to qualify and enroll in the program. These visuals demonstrate both the value to individual seniors and the overall fiscal commitment required to implement the program effectively.

If the City Council adopts a senior discount program, there are two primary funding mechanisms to consider:

1. Utility Fund Subsidy (Not Recommended)
Funding a senior discount through the City’s utility enterprise funds would shift costs to other ratepayers and trigger Proposition 218 requirements, including mailed notice and a public protest hearing. Staff does not recommend this approach.

UTILITY BILLING SENIOR DISCOUNT PROGRAM
- 3 -

2. General Fund Subsidy (Recommended)
A General Fund transfer could be used to subsidize the program for qualifying seniors. This approach, used by neighboring jurisdictions, avoids Proposition 218 requirements and preserves ratepayer equity.

Program Scope and Administration
Staff recommends the following qualifying parameters:
▪ A 30% maximum discount on utility charges for qualifying senior residents ▪ Eligibility criteria could include:
• Age 60 or older
• Primary residence within City limits
• Be a current property owner and reside at primary residence • Active participant in PG&E's CARE/FERA program or meet similar income-based criteria
To ensure proper program administration, Staff recommends hiring a part-time employee to manage applications, eligibility verification, annual re-certifications, and program reporting.

FISCAL IMPACT
The estimated annual cost of implementing a 30% senior discount on water charges is approximately $100,000 based on approximately 550 eligible seniors receiving a 30% discount on water service. Funding would be provided through a General Fund appropriation. This avoids triggering Proposition 218 requirements, which would be necessary if funded through enterprise utility funds.

While this represents a modest reduction in water utility revenue, it is a targeted and responsible investment in supporting Shafter’s senior population. Many seniors live on fixed incomes and face rising living costs. Providing meaningful utility relief reflects the City’s commitment to equity, affordability, and quality of life for financially vulnerable residents. This program ensures that public funds are used in a compassionate and fiscally sound way to directly benefit those who need it most.

CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.

Therefore, it does not trigger CEQA review.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Resolution 3036

2. 250805 Senior Discount Presentation

RESOLUTION NO. 3036

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE $100,000

FROM THE GENERAL FUND TO SUPPORT A SENIOR DISCOUNT PROGRAM FOR

UTILITY BILLING
WHEREAS, the City Council of the City of Shafter recognizes the financial challenges faced by many senior residents, particularly those on fixed incomes; and WHEREAS, on July 15, 2025, the City Council reviewed staff’s presentation of options for a senior discount program modeled on similar programs offered in neighboring jurisdictions; and
WHEREAS, the Council expressed support for a senior discount program offering a 30% discount on the water portion of the utility bill for qualifying residents aged 60 or older who meet income-based or utility assistance criteria such as participation in the PG&E CARE/FERA program, proof of ownership, reside in the home and applicant must be account holder; and WHEREAS, funding this program from the General Fund avoids the need for a Proposition 218 process and protects ratepayer equity; and WHEREAS, the City Council desires to establish the program and appropriate necessary funding to ensure equitable access to utility services for Shafter’s financially vulnerable senior population;
WHEREAS, staff recommends hiring a part-time employee to manage applications, eligibility verification, annual re-certifications, and program reporting.

NOW THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Shafter, California, that the City Manager and Administrative Services Director of the City of Shafter is hereby authorized to:

SECTION 1: The City Council hereby authorizes the City Manager or designee to appropriate $100,000 from the General Fund to implement and administer the Senior Discount Program for Utility Billing.

SECTION 2: The program shall provide a 30% discount on the water portion of the utility bill for qualifying senior residents based on criteria developed and administered by City staff.

SECTION 3: This action is not a “project” subject to the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15060(c)(3), because it involves general policy and administrative funding without physical changes to the environment.

SECTION 4: This Resolution shall take effect immediately upon adoption.

Shafter City Council Resolution No. 3036
August 5, 2025

PASSED, APPROVED AND ADOPTED THIS 5
TH DAY OF AUGUST, 2025.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

CITY OF SHAFTER
Senior Discount Program

PURPOSE
 TO PRESENT OPTIONS FOR A SENIOR DISCOUNT ON UTILITY BILLS  TO SUPPORT AFFORDABILITY FOR QUALIFYING SENIOR RESIDENTS  TO ALIGN WITH PRACTICES OF NEIGHBORING CITIES
 TO PROVIDE MEANINGFUL, LASTING RELIEF TO SENIORS ON FIXED INCOME.

COMPARISONS

CITY DISCOUNT UTILITY AGE
DELANO 15% W,WW,RF 60+
WASCO 30% W 60+
FRESNO 10% and 14% WW, RF 62+
VISALIA $13.25 and $12.75 WW, RF 60+

QUALIFICATIONS
 MUST BE AGE 60+
 RESIDE IN THE HOME
 PROOF OF OWNERSHIP
 UTILITY ACCOUNT MUST BE IN APPLICANT NAME
 ACTIVE PARTICIPANT IN PG&E CARES/FERA

IMPACT
RATE ANNUAL 20% 25% 30%
WATER $48.70 $ 584 64,284 80,355 96,426
$ 584 $ 64,284 $ 80,355 $ 96,426
COUNT - 550

EXAMPLE SENIOR
TOTALS
Monthly
RATE 20% 25% 30%
WATER $48.70 9.74 12.18 14.61
TOTALS $ 9.74 $ 12.18 $ 14.61

EXAMPLE SENIOR
COUNT - 1

OPTIONS (ESTIMATES)

OPTIONS WATER ANNUAL

SUPPORT
A 20% $ 64,284
B 25% $ 80,355
C 30% $ 96,426

RECOMMENDATION
STAFF RECOMMENDS OPTION C.
 30% DISCOUNT ON WATER ONLY.
 AGE OF 60+
 ACTIVE PARTICIPANT IN PG&E CARES/FERA
 RESIDE IN THE HOME
 UTILITY ACCOUNT HOLDER
 PROOF OF OWNERSHIP

RECOMMENDATION CONT.

WHY?

1. WATER CHARGES INCREASE WITH USAGE.

2. WATER DISCOUNT OFFERS MOST FINANCIAL RELIEF.

3. AN INVESTMENT IN SUPPORTING OUR SHAFTER SENIOR POPULATION.

PROVIDING MEANINFUL UTILITY RELIEF REFLECTS THE CITY’S

COMMITMENT TO EQUITY, AFFORDABILITY AND QUALITY OF LIFE FOR FINANCIALL VURNERABLE RESIDENTS.

QUESTIONS ?

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: SHAFTER AQUATIC CENTER SITE IMPROVEMENTS PROJECT AWARD (PF00004.2)

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; accept three (3) bids received for the Shafter Aquatic Center Site Improvements Project; overrule one (1) bid protest submitted by S & B Sons, Inc.; authorize a budget amendment of $820,230 from the General Fund to said project; and authorize the Deputy Public Works Director to issue a notice of award and notice to proceed to Bowman Asphalt, Inc. in an amount up to $1,100,000 for said project.

BACKGROUND
The Shafter Aquatics Center Site Improvements Project continues the City’s work to restore the Aquatics Center. This phase includes reconstruction of the parking lot, utility installations, accessible routes, fencing, landscaping, and related improvements. These components are necessary for the site to function properly and to meet current standards.

On May 20, 2025, the Council approved the project plans and specifications and authorized formal bid procedures. Three bids were received and publicly opened, summarized as follows:

Bidder Total Base Bid
Bowman Asphalt, Inc. $958,960.51
S & B Sons, Inc. $1,019,539.18
JTS Construction $1,025,916.95
A detailed bid breakdown is provided in Attachment 1.

Bowman Asphalt, Inc. submitted the lowest responsive bid in the amount of $958,960.51. The bid solicitation included an additive alternate for concrete parking stalls south of the cross gutter. Staff recommends not accepting the alternate, as the base scope meets project needs.

During the bid evaluation period, S & B Sons, Inc. filed a formal bid protest, alleging

SHAFTER AQUATIC CENTER SITE IMPROVEMENTS PROJECT AWARD (PF00004.2) - 2 -
that Bowman Asphalt, Inc. failed to list a subcontractor for survey work. After a thorough review of the protest, Staff determined that the allegation did not affect the responsiveness of the bid, as survey work does not require listing under Public Contract Code §4113.

Bowman Asphalt has previously completed multiple projects for the City, including the 2022 Street Improvement Project and the Animal Control Parking Lot – Phase 1, and is currently in construction on the Santa Fe Way Paving Improvement Project, which confirms their qualifications for this project. Accordingly, Staff recommends rejecting the bid protest as without merit and proceeding with the award of the construction contract to Bowman Asphalt, Inc.

FISCAL IMPACT
Project Fund PF00004 currently has a total budget of $3,129,770 allocated to improvements at the Shafter Aquatics Center. Of this amount, approximately $2,850,000 has been committed to previously approved project components, including the modular building, demolition, architectural services, and other related expenses.

After accounting for committed and expended funds, the remaining available budget in PF00004 is $279,770. The cost proposal from Bowman Asphalt, Inc. for the site improvement work is $958,960.51. To allow for construction contingencies, inspection, testing, and administrative costs, Staff recommends establishing a total construction budget of $1,100,000.

To fully fund this portion of the project, Staff recommends appropriating $820,230 from the General Fund to cover the remaining available balance in the project fund.

CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The project involves the design and construction of improvements to the existing Aquatic Center that involves no expansion of the center.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Attachment 1 - Bid Results for the Shafter Aquatic Center Site Improvements Project

A.

ITEM DESCRIPTION QTY UNITS Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1 REMOVE EXISTING ASPHALT 46,250 SF $                                   48,100.00 1.04 $                         0.82 $                                   $                        37,925.00 $                                   0.30 $                         13,875.00 A2 REMOVE EXISTING CROSS GUTTER 782 SF $                                   2,737.00 3.50 $                           7.34 $                                   $                           5,739.88 $                                   3.71 $                           2,901.22 A3 REMOVE EXISTING SIDEWALK 2,340 SF $                                   4,680.00 2.00 $                           4.28 $                                   $                        10,015.20 $                                   2.84 $                           6,645.60 A4 REMOVE EXISTING COMMERCIAL DRIVE APPROACH 336 SF $                                   2,352.00 7.00 $                           11.52 $                                 3,870.72 $                           9.00 $                                    3,024.00 $ A5 REMOVE EXISTING CURB & GUTTER 100 LF $                                 2,000.00 20.00 $                           30.26 $                                 $                           3,026.00 $                                  1,450.00 14.50 $                           A6 REMOVE EXISTING CHAINLINK FENCE (TURN OVER FABRIC & GATES TO CITY) 375 LF $                                 4,125.00 11.00 $                           13.56 $                                 5,085.00 $                           10.96 $                                  $                           4,110.00A7 REMOVE EXISTING CONCRETE PAD UNDER SHADE STRUCTURE 800 SF $                                   4,000.00 5.00 $                           4.08 $                                   3,264.00 $                           7.18 $                                    $                           5,744.00 Subtotal 67,994.00 $                         Subtotal $                        68,925.80 Subtotal $                         37,749.82 B. Value differs from submitted bid form
B1 HOT MIX ASPHALT, 1/2 IN PG64‐10 692 TONS $                              115.00 $                        79,599.32 $                              154.34 $                      106,829.21 $                              143.76 $                         99,506.07 ***ALL BIDS ARE UNDER REVIEW B2 SUBGRADE PREP 44,656 SF $                                   44,656.00 1.00 $                         1.54 $                                   $                        68,770.24 $                                   1.85 $                         82,613.60 B3 CLASS II AGGREGATE BASE 579 CY $                                70.00 $                        40,521.19 $                              130.57 $                        75,583.59 $                                 88.42 $                         51,184.05 B4 FOG SEAL 44,656 SF $                                   3,572.48 0.08 $                           0.24 $                                   $                        10,717.44 $                                   0.05 $                           2,232.80 B5 SIDEWALK 4,931 SF $                                   34,517.00 7.00 $                         13.04 $                                 $                        64,300.24 $                                 18.10 $                         89,251.10 B6 6" REINFORCED SIDEWALK W/ ZYPEX ADDITIVE 1,693 SF $                                 28,781.00 17.00 $                         12.13 $                                 $                        20,536.09 $                                 28.33 $                         47,962.69 B7 DRIVE APPROACH W/ RAMPS & CROSS GUTTER 330 SF $                                 14,850.00 45.00 $                         60.47 $                                 $                        19,955.10 $                                 34.23 $                         11,295.90 B8 CROSS GUTTER 878 SF $                                 10,536.00 12.00 $                         18.04 $                                 $                        15,839.12 $                                 14.21 $                         12,476.38 B9 ACCESSIBLE DROP‐DOWN CURB RAMP 1 EA $                         15,000.00 15,000.00 $                         7,200.00 $                           7,200.00 $                           8,312.00 $                           8,312.00 $ B10 CURB & GUTTER 187 LF $                                 9,350.00 50.00 $                           117.47 $                              $                        21,966.89 $                                 65.51 $                         12,250.37 B11 CONCRETE CURB 475 LF $                                 20,425.00 43.00 $                         24.63 $                                 $                        11,699.25 $                                 39.87 $                         18,938.25 B12 TRASH ENCLOSURE W/ CONCRETE PAD 1 LS $                         43,750.00 43,750.00 $                         52,200.00 $                         52,200.00 $                         51,790.00 $                         51,790.00 $ B13 CONCRETE IMPROVEMENTS AT ENTRANCE 1 LS $                         40,000.00 40,000.00 $                         45,600.00 $                         45,600.00 $                         73,809.00 $                         73,809.00 $ B14 THREE RISER STEPS W/ RAILING & RETAINING WALL/BENCH 1 LS $                         46,500.00 46,500.00 $                         98,400.00 $                         98,400.00 $                         39,233.00 $                         39,233.00 $ B15 D3 CHAINLINK GATES 4 EA $                           4,000.00 $                        16,000.00 $                           16,200.00 4,050.00 $                         4,832.50 $                           19,330.00 $                         B16 D1 DOUBLE GATE ACCESSIBLE 2 EA $                         22,000.00 11,000.00 $                         4,800.00 $                           9,600.00 $                           13,289.00 $                         26,578.00 $ B17 6' CHAINLINK FENCE 85 LF $                              22,525.00 265.00 $                         45.60 $                                 3,876.00 $                           295.99 $                               $                         25,159.15 B18 4' CHAINLINK FENCE 55 LF $                              14,575.00 265.00 $                         33.60 $                                 1,848.00 $                           247.65 $                               $                         13,620.75 B19 ADDITIONAL BUILDING OVEREX 1 LS $                         55,000.00 55,000.00 $                         16,399.30 $                         16,399.30 $                         4,832.00 $                           4,832.00 $ B20 STRIPING, SIGNAGE, & PARKING BUMPERS 1 LS $                         30,002.52 30,002.52 $                         16,800.00 $                         16,800.00 $                         10,523.00 $                         10,523.00 $ B21 CONSTRUCTION SURVEYING 1 LS $                         15,800.00 15,800.00 $                         22,410.00 $                         22,410.00 $                         23,800.00 $                         23,800.00 $ B22 MOBILIZATION 1 LS $                         92,100.00 92,100.00 $                         26,424.00 $                         26,424.00 $                         30,329.00 $                         30,329.00 $ Subtotal $                     700,060.51 Subtotal $                     733,154.47 Subtotal $                      755,027.11 C.

C1 ADJUST SMALL UTILITIES TO GRADE 3 EA $                              2,700.00 900.00 $                           987.25 $                              2,961.75 $                           966.33 $                               $                           2,898.99C2 SEWER TIE‐IN 1 EA $                         10,000.00 10,000.00 $                         10,973.60 $                         10,973.60 $                         3,262.00 $                           3,262.00 $ C3 6" SDR35 SEWER PIPE 237 LF $                                 20,145.00 85.00 $                         91.30 $                                 21,638.10 $                         72.49 $                                  $                         17,180.13 C4 SEWER CLEANOUT 7 EA $                              4,200.00 600.00 $                           645.70 $                              4,519.90 $                           1,208.14 $                           $                           8,456.98C5 SEWER SERVICE ROADWAY PATCH 1 LS $                           6,800.00 6,800.00 $                           12,193.50 $                         12,193.50 $                         4,940.00 $                           4,940.00 $ C6 SEWER MANHOLE 1 LS $                           7,000.00 7,000.00 $                           7,590.00 $                           7,590.00 $                           9,665.00 $                           9,665.00 $ C7 4" WATER SERVICE TIE‐IN 2 EA $                           11,400.00 5,700.00 $                         6,265.53 $                           $                        12,531.06 $                           12,564.00 6,282.00 $ C8 4" WATER METER W/ UTILITY BOX 2 EA $                         50,800.00 25,400.00 $                         27,938.83 $                         $                        55,877.66 $                         57,989.00 28,994.50 $ C9 4" GATE VALVE 2 EA $                           3,320.00 1,660.00 $                           1,823.80 $                           3,647.60 $                           2,778.50 $                           5,557.00 $ C10 4" BACKFLOW PREVENTER ASSEMBLY 2 EA $                         23,200.00 11,600.00 $                         12,774.09 $                         25,548.18 $                         18,121.50 $                         36,243.00 $ C11 4" C900 WATER PIPE 520 LF $                                 27,040.00 52.00 $                         57.20 $                                 29,744.00 $                         72.49 $                                  $                         37,694.80 C12 2" WATER SERVICE TIE‐IN 1 EA $                           6,000.00 6,000.00 $                           6,580.26 $                           6,580.26 $                           3,624.00 $                           3,624.00 $ C13 2" WATER METER W/ UTILITY BOX 1 EA $                           4,000.00 4,000.00 $                           4,208.60 $                           4,208.60 $                           6,041.00 $                           6,041.00 $ C14 2" BACKFLOW PREVENTER 1 EA $                           4,400.00 4,400.00 $                           3,840.10 $                           3,840.10 $                           8,457.00 $                           8,457.00 $ C15 2" SCH 40 PVC WATER PIPE 22 LF $                                 880.00 40.00 $                              44.00 $                                 968.00 $                              48.32 $                                  $                           1,063.04 C16 2 1/2" SCH 40 PVC WATER PIPE 22 LF $                                 1,056.00 48.00 $                           52.80 $                                 1,161.60 $                           543.64 $                               $                         11,960.08 C17 WATER SERVICE ROADWAY PATCH 1 LS $                           6,800.00 6,800.00 $                           12,193.50 $                         12,193.50 $                         4,940.00 $                           4,940.00 $ C18 CUT & CAP EXISTING UTILITIES (WATER AND SEWER) 1 LS $                           1,165.00 1,165.00 $                           1,281.50 $                           1,281.50 $                           604.00 $                               604.00 $ Subtotal 190,906.00 $                      Subtotal $                      233,140.02 217,458.91 $ Total Bid Price $                  958,960.51 Total Bid Price $               1,019,539.18 Total Bid Price $               1,025,916.95Name Item Name Item Name Item Ruben's Pipeline, Inc. Underground Mr. Backhoe Demo/Grading American West Construction Earthwork, Demolition
Alta Fence Co. Fencing DPSI Surveying Applied Finishes Paint Asphalt Dr. Asphalt
D.

D1 CONCRETE PARKING STALLS SOUTH OF CROSS GUTTER 3,636 SF $                                 58,176.00 16.00 $                         37.40 $                                 $                      135,986.40 $                                   9.63 $                         35,014.68

UTILITIES
ALTERNATE BID ITEMS
SITE IMPROVEMENTS
JAMES E. THOMPSON, INC., DBA JTS

CONSTRUCTION
PF00004.2 ‐ SHAFTER AQUATIC CENTER SITE IMPROVEMENT PROJECT SITE DEMO BOWMAN ASPHALT, INC. S & B SONS, INC.

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: August 5, 2025
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: REAL PROPERTY FOR RIGHT-OF-WAY PURPOSES FOR
HIGHWAY 43 AND SANTA FE WAY ROUNDABOUT PROJECT

RECOMMENDATION
Council find the action is not defined as a "project" per section 15378(b)(4) of the CEQA Guidelines; and authorize purchase of property with APNs 028-290-05, -16, and -17 for public street right-of-way for the roundabout project at Highway 43 and Santa Fe Way in the amount not to exceed $1,165,000.

BACKGROUND
The City and California Department of Transportation (Caltrans) previously entered into an agreement to fulfill the right-of-way needs for the planned roundabout project at the intersection of Highway 43 and Santa Fe Way. The agreement stipulates that the City will fund the right-of-way acquisition, adhering to Caltrans' acquisition procedures. A previous agreement with Caltrans covers the City's funding for design costs. Caltrans will fully fund the construction of the roundabout, and the City will support the project by acquiring the necessary properties for its construction. As previously authorized by the Council, staff awarded the professional services agreement for right-of-way acquisition support services to Transystems.

The required project right-of-way acquisitions are within three parcels located west of Beech Avenue and south of Los Angeles Avenue. The initial appraisal value for the acquisitions was $945,700. The parcel owner rejected the initial offer and obtained an independent appraisal valuing the acquisitions at $1,149,700. Transystems now recommends the City approve an amount not to exceed $1,165,000. This includes $1,149,700 for the purchase price, potential costs for the independent appraisal if claimed by the seller, and estimated closing costs. This approach helps avoid unnecessary litigation costs, including attorney fees and court actions. The primary differences between the Agency's (initial) and owner's (independent) appraisal value were due to severance damages and the cost to cure. The cost to cure was a result of the tree loss, which necessitated recreating the drive aisle/ turnaround areas needed to keep the orchard viable, as well as reconstructing the irrigation systems for continued operations. Severance damages and costs to cure were not included in the initial appraisal value of the acquisitions.

FISCAL IMPACT

REAL PROPERTY FOR RIGHT-OF-WAY PURPOSES FOR HIGHWAY 43 AND SANTA FE WAY

ROUNDABOUT PROJECT
- 2 -
Capital Improvement Program Project #ST00029 has $1,500,000 in funding programmed for the Project's right-of-way acquisition costs. Covering the costs for the proposed acquisition could be met with the available funds.

CEQA ANALYSIS
This action is not defined as a project under CEQA Section 15378(b)(4) because it involves the purchase of real property for the Highway 43 and Santa Fe Way Roundabout Project, which has already been environmentally cleared by Caltrans.

Therefore, this is considered a fiscal activity that does not commit to any new project with potential significant impacts.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Purchase and Sale Agreement DRAFT

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 1 of 15 Pages --
AGREEMENT NO. 88642 & 88645

CONTRACT TO PURCHASE REAL PROPERTY
THIS AGREEMENT is made and entered into on _____________________, by and between the City of Shafter, a municipal corporation (“BUYER” herein), and V Lions Holdings, LLC, a Nevada limited liability company, (“SELLER” herein) for acquisition by BUYER of certain real property hereinafter set forth. BUYER possesses eminent domain authority and BUYER’s staff will recommend the adoption of a resolution of necessity if the Parties are unable to complete a negotiated acquisition of the Property by BUYER.

R E C I T A L S :

WHEREAS, SELLER holds fee simple title to APNs 028-290-05, -16, & -17 (“Seller Land”); and
WHEREAS, BUYER has determined a need for approximately 11.15 acres of fee and underlying fee interests in the Seller Land and has authorized its purchase, hereinafter “The Property”; and
WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for purchase by BUYER of the Property, together with all privileges, rights, easements and appurtenances belonging to the real property, including without limitation, (a) all minerals, oil, gas and other hydrocarbon substances on and under the real property, (b) all development rights, air rights, water, water rights and water stock relating to the real property, and (c) all right, title and interest of Seller in and to any streets, alleys, passages, other easements and other rights-of-way or appurtenances included in, adjacent to or used in connection with such real property, before or after the vacation thereof and any and all improvements thereon described in Exhibit “A,” and as shown on the drawing marked Exhibit “B,” attached hereto and incorporated herein by this reference; and
WHEREAS, BUYER desires to purchase The Property in connection with the construction of the Santa Fe and Los Angeles Avenue Roundabout in the City of Shafter, Kern County;
WHEREAS, it is the intent of the parties that the Purchase Price (described in Section 2) is to include any and all claims for compensation and/or payment arising from the acquisition contemplated by this Agreement,

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 2 of 15 Pages --
NOW, THEREFORE, incorporating the above recitals herein, BUYER and SELLER mutually agree as follows:

1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell, and BUYER agrees to purchase The Property in accordance with all the covenants and conditions set forth in this Agreement.

1.1 TITLE VI MANDATE AND CALTRANS DIRECTIVE The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-NonDiscrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 50.3.

1.2 No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.

2. PURCHASE PRICE. The City shall pay the undersigned grantor(s) the sum of ONE MILLION ONE HUNDRED FORTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($1,149,700.00) and includes any and all claims by SELLER for compensation arising from this transaction. Prior to the close of escrow BUYER shall deposit the purchase price and closing costs into an escrow account with Grace Kim, Commercial Escrow Assistant, Commonwealth Land Title Insurance Company, (herein “Escrow Holder”), located at 4400 MacArthur Boulevard, Suite 800, Newport Beach, CA 92660.

It is further understood between the parties hereto if the improvements are not removed from the property area prior to the close of escrow or commencement of construction, BUYER, it’s agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner BUYER deems appropriate without further notice or responsibility to SELLER whatsoever.

3. CONSTRUCTION CONTRACT AND CURATIVE WORK. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 herein above, the BUYER, its contractors, or assigns, shall perform, at their sole cost, the following construction contract items during construction of the proposed project: NONE

3.1 BUYER shall provide SELLER with not less than thirty (30) days’ notice prior to commencement of said work.

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 3 of 15 Pages --

3.2 BUYER shall reasonably protect any landscape and/or site improvements existing on the Property as of the date the project commences during demolition, repair or replace any irrigation or drainage lines if damaged during demolition or construction by BUYER.

3.3 All work performed by BUYER under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements, or other facilities, when removed, and relocated or reconstructed by the BUYER, shall be left in as good condition as found.

4. BUYER’S CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. Each of these contingencies must be satisfied prior to any obligation of the BUYER to become effective. The failure to complete these contingencies within the time stated, or within any mutually agreed extended time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages:

4.1 Financing. Availability of funds for this acquisition;

4.2 Approval. Approval of the purchase agreement by the City of Shafter City Council at an agendized meeting, and execution by the City Manager;

4.3 Preliminary Title Report and Documents. Within ten (10) working days of execution of this Agreement by all parties, the following shall occur:

4.3.1 SELLER shall obtain a preliminary title report (herein “PTR”) concerning The Property, dated no earlier than 10 days of the date this Agreement is fully executed, issued by Escrow Holder, together with copies of reproducible documents referred to in such PTR, if any. Buyer, at Buyer’s sole cost, may obtain an as-built survey of the Property;

4.3.2 SELLER shall provide BUYER copies of all currently effective unrecorded tenant leases, licenses, or other agreements known to SELLER and relating to The Property;

4.3.3 BUYER shall deliver to Escrow Holder its written approval or disapproval of any exceptions to the title referred to in paragraphs 3.3.1 and

3.3.2 above within ten (10) working days after BUYER’s receipt thereof. If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 4 of 15 Pages --
all of said exceptions, then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER’s election within the ten (10) working days after receipt of SELLER’s election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited by BUYER with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay;

4.4 Title Insurance. Escrow Holder will issue a CLTA title policy insuring title in BUYER’s name in an amount equal to the purchase price;

4.5 Site Assessment. A favorable inspection, review and approval of the physical characteristics and condition of the Property, including but not limited to the condition of the soil and an environmental site assessment to be performed by BUYER;

4.6 Documents. The delivery of all documents and the due performance by SELLER of each and every undertaking and agreement to be performed by SELLER under this Agreement;

4.7 Material Change. No material change, as hereinafter defined, shall have occurred with respect to The Property which has not been approved in writing by BUYER. For purposes of this Agreement, a “material change’ shall be a change in the status of the use, occupancy, tenants, or condition of The Property as reasonable expected by the BUYER, that occurs after the date of this Agreement and prior to the close of escrow. BUYER shall have twenty (20) days following receipt of written notice from any source of any such material change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of escrow.

4.8 No Existing Leases and Tenancy Statements. SELLER represents that there are no leases, subleases, or rental arrangements (herein the “existing leases”) and there will be no existing leases at the close of escrow;

4.9 Disclosure of Conditions. SELLER shall disclose all known conditions affecting The Property, and SELLER will provide to BUYER within five (5) working days of the parties’ execution of this Agreement all documents, reports, plans, and citations pertaining to The Property possessed by SELLER or SELLER’s employees, agents, or contractors. BUYER will have ten (10) working days to

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 5 of 15 Pages --
review such disclosures and material and to determine whether BUYER will proceed with the purchase;

4.10 Other Agreements. SELLER shall within five (5) working days of the date of this Agreement provide BUYER with legible copies of all other agreements known to SELLER that will affect The Property after the closing;

4.11 Unrecorded Title Matters. SELLER has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, liens, charges, or other matters which affect the title of The Property that are not recorded in the Official Records of the Kern County Recorder. For purposes of this Agreement, the term “Seller’s knowledge” or words of similar import shall mean and refer solely to the actual knowledge of the following representatives of Seller without duty of investigation or inquiry on the part of any of them: Rob Geis, 29341 Kimberlina Road, Wasco, CA 93280.

4.12 Compliance. SELLER shall have complied with all of SELLER’S duties and obligations contained in this Agreement and all of SELLER’S representations and warranties contained in or pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the date of closing.

4.13 Possessory Rights. SELLER has no knowledge that anyone or any entity will, at the time of the closing, have any right to possession of The Property, except as disclosed by the SELLER in writing to BUYER.

All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and may be elsewhere herein referred to as “BUYER’s contingencies.”

5. SELLER’S REPRESENTATIONS AND WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER which shall survive the closing and delivery of the Grant Deed for a period of five (5) years;

5.1 Authority of SELLER. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement;

5.2 Title to Property. SELLER has good and marketable title to the Property, subject to the conditions of title. There are no outstanding rights of first refusal or first look, options to purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any interest therein. To SELLER’s knowledge, there are no unrecorded or undisclosed documents or other matters

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 6 of 15 Pages --
which affect title to the Property. No person holding a security interest in the Property or any part thereof has the right to consent or deny consent to the sale of the Property as contemplated herein, and SELLER has the right to pay off such person and to remove all such liens as of the closing date. SELLER has enjoyed the continuous and uninterrupted quiet possession, use and operation of the Property.

5.3 Legal Proceedings. SELLER has no knowledge of any actions, lawsuits, or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect The Property or the right to occupy or utilize same;

5.4 Bankruptcy Proceedings. SELLER is not the subject of a bankruptcy, insolvency, or probate proceeding and has no notice or knowledge that any tenant, lessee, or other person/entity possessing an interest in The Property is the subject of a bankruptcy or insolvency proceeding.

5.5 Taxes and Condemnations. There are no presently pending or, contemplated special taxes or assessments which will affect the Property. There are no presently pending or, to SELLER’s knowledge, contemplated proceedings to condemn or demolish the Property or any part of it.

5.6 Compliance. The Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private, and SELLER has not received any notice of any violation of the same.

5.7 Misstatements and Omissions. Neither the representations and warranties made by Seller in this Article 5 nor elsewhere in this Agreement contain any untrue statement or any omission of a material fact. Seller has no documents in its possession, nor has any knowledge, that omits material facts related to the property or which would contradict or negate any of its representations contained in this Agreement.

6. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER marketable fee simple title to The Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, licenses, leases, and taxes, excepting those agreed to in writing by BUYER. The amount of any bond or assessment which is a lien shall be paid by SELLER, subject to approval of title report. SELLER shall execute a Grant Deed which conveys clear title to The Property to BUYER and deliver same to Escrow Holder within fifteen (15) days of the opening of escrow. Any and all water and mineral rights accruing to The Property shall also be transferred to BUYER without reservation. Further, SELLER

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 7 of 15 Pages --
acknowledges that the purchase of The Property includes all abutters’ rights of SELLER’s remaining property adjacent to The Property.

7. CLOSING COSTS. BUYER shall be responsible for all normal and reasonable escrow fees, including the costs of title insurance. SELLER shall be responsible for the costs to clear title and all liens, and real property taxes, bonds, interest, and assessments accruing up to the close of escrow. SELLER shall fully pay the amount of any bond or assessment which is a lien upon The Property prior to the close of escrow.

8. TAX EXEMPT AGENCY. All parties hereto acknowledge that the BUYER is a public entity and exempt from payment of any real property taxes. Therefore, SELLER acknowledges that they are solely responsible for payment of any/all real property taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property due through the date of close of escrow, including any pending supplemental bills.

8.1 In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow holder is authorized and instructed to pay any and/all installments, currently due, along with any delinquencies.

Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the SELLER, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines.

BUYER and Escrow holder are not responsible for same.

8.2 In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the BUYER at close of escrow. BUYER will accept responsibility to forward said proration's to the Kern County Tax Collector once the bills are created. SELLER herein agrees to forward to BUYER any tax bills they receive from the County of Kern.

9. FULL AND COMPLETE SETTLEMENT. SELLER hereby acknowledges that the compensation paid to SELLER through this Agreement constitutes the full and complete settlement of any and all claims against BUYER, by reason of BUYER's acquisition of the Property, specifically including, but not limited to, any and all damage to SELLER's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims. In inverse

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 8 of 15 Pages --
condemnation and for pre-condemnation damages, and any and all other claim that SELLER may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by BUYER of this subject Property. SELLER and BUYER, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property.

10. ESCROW INSTRUCTIONS. Within fifteen (15) working days of execution of this Agreement by all parties, each shall deliver to the Escrow Holder any appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties’ instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. BUYER and SELLER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary.

Said escrow instructions are incorporated herein by this reference. At a minimum, escrow instructions shall include:

10.1 The purchase price and method of payment;

10.2 The names and contact information of BUYER, SELLER, and any agents or representatives;

10.3 The closing date and conditions to closing;

10.4 Prorations and adjustments (e.g., taxes, rents, insurance);

10.5 Instructions for disbursement of funds;

10.6 Allocation of costs and fees (e.g., escrow fees, recording fees, title insurance);

10.7 Any required documents to be delivered through escrow (e.g., grant deed, affidavits, disclosures); and

10.8 Terms of cancellation and rights upon default.

11. CLOSING DATE. Escrow shall close no later than ten (10) days after the satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties. In no event shall the escrow close more than sixty (60) days from execution of this Agreement by all parties, unless extended in writing, by mutual agreement of all parties.

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 9 of 15 Pages --

12. POSSESSION OF SELLER’S PARCEL. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City and State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2 herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

12.1 SELLER RETAINING TEMPORARY POSSESSION. It is agreed that Seller may retain temporary possession of the Property solely for the limited purpose of cultivating and harvesting the existing crop on that portion of the Property being acquired by the City. It is further understood that said crop shall be harvested by Seller on or before October 15, 2025 (the “Harvesting Period”), and, any portion not harvested by said date, shall become the property of the City to dispose of it in its sole discretion. Seller agree(s) to cultivate and maintain the existing crop in conformance with the practices of good husbandry, including pest control, up to and including date grantor(s) harvest(s) said crop.

It is further understood that Seller’s use of the property for purposes of access to the Property during the Harvesting Period shall be used only for the purpose of maintaining and harvesting the crop on the Property. Grantor shall not use the Property for any purpose other than crop maintenance and harvesting.

Grantor shall indemnify, defend, and hold harmless the City and its officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to Grantor’s use or occupancy of the Property during the Harvesting Period, including but not limited to any personal injury, property damage, or violation of law occurring during such period.

Nothing herein shall be construed to create a lease or tenancy; Grantor’s right of entry is a temporary, revocable license that shall terminate automatically upon the earlier of (a) completion of crop harvest, (b) October 15, 2025, or (c) Seller’s breach of this Section.

Upon the failure of Seller to comply with any condition or provision of this Section

12.1, City shall have the immediate right, without further notice, to terminate Grantor’s temporary right of possession and to take full and exclusive possession of the property.

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 10 of 15 Pages --

13. PERMISSION TO ENTER ON PREMISES. Upon execution of this Agreement, SELLER hereby grants BUYER, its authorized agents or contractors, the right to enter upon the Property, upon no less than 48 hours prior notice to Seller, to make necessary and reasonable inspections. If the Property is being rented, SELLER will promptly coordinate with tenants or occupants on the Property, notifying them of such inspections. BUYER and SELLER will cooperate to assure that BUYER’s exercise of their right-of-entry respects the rights of any tenants to the quiet enjoyment of the Property.

14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

16. TIME. Time is of the essence in this Agreement.

17. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

18. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property.

19. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Manager and signed by all the parties.

20. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 11 of 15 Pages --

22. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

23. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

24. HAZARDOUS MATERIALS.

24.1 Hazardous Waste. Neither SELLER nor, to the best of SELLER's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. SELLER shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which Is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et􀀶- ( 42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 12 of 15 Pages --
Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et􀀶- (42 U.S.C. S9601).

24.2 Compliance with Environmental Laws. To the best of SELLER's knowledge, the Property complies with all applicable laws and governmental regulations Including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property Is located, the California Department of Health. Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.

24.3 As used herein, the term “hazardous material” shall include any hazardous or toxic wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Section 172.101) or by the United States Environmental Protection Agency as Hazardous Substances (40 CFR Part 3.02) and amendments thereto, or any substances, materials, and wastes that are or become regulated under any applicable local, state, or federal law.

25. INDEMNITY. SELLER agrees to indemnify, defend and hold BUYER’s Council, Mayor, officers, agents, representatives, employees, successors, and assigns harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall dose. SELLER shall not be

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 13 of 15 Pages --
responsible for acts or omissions to act after close of this escrow. SELLER also agrees to indemnify, defend and hold BUYER, and BUYER’s Council, Mayor, officers, agents, representatives, employees, successors, and assigns, harmless from any and all liability, claims, actions, injuries, losses, causes of action or demands whatsoever arising from hazardous materials found in, on, over, or about The Property placed prior to BUYER taking title (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon any fixtures or equipment acquired by BUYER under this Agreement. This indemnity shall survive the termination of this Agreement.

26. REMEDIES.

26.1 Buyer’s Remedies. If SELLER breaches this Agreement, BUYER shall be entitled to pursue all remedies permitted herein and by law, including the remedy of specific performance. No termination of the escrow by BUYER following a breach by SELLER shall be deemed to waive such breach or any remedy otherwise available to BUYER.

26.2 Seller’s Remedies/Liquidated Damages. IF BEFORE THE CLOSE OF ESCROW BUYER FAILS TO COMPLY WITH OR PERFORM BUYER’S

OBLIGATIONS UNDER THIS AGREEMENT AND DOES NOT CURE SUCH FAILURE WITHIN TEN BUSINESS DAYS AFTER SELLER’S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: (I) TERMINATE THIS AGREEMENT; (II) RECEIVE AND RETAIN $30,000.00 AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER’S APPROVAL PERIOD; AND (III) EXERCISE THE

OTHER RIGHTS AND REMEDIES RESERVED BY SELLER AS PROVIDED IN THIS PARAGRAPH. IN THE EVENT SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER’S DEFAULT, BUYER AND SELLER SHALL BE RELIEVED OF

ANY FURTHER OBLIGATION TO EACH OTHER WITH RESPECT TO THIS

AGREEMENT AND THE PROPERTY EXCEPT FOR ANY OBLIGATIONS WHICH EXPRESSLY SURVIVE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER WILL INCUR SUBSTANTIAL DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT; THAT IT IS EXTREMELY DIFFICULT AND

IMPRACTICAL TO CALCULATE AND ASCERTAIN AS OF THE EFFECTIVE DATE OF

THIS AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT THE DEPOSIT IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED BY BUYER’S DEFAULT IN

LIGHT OF THE DIFFICULTY THE PARTIES WOULD HAVE IN DETERMINING SELLER’S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER. ________________ ________________
SELLER’S INITIALS BUYER’S INITIALS

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 14 of 15 Pages --

27. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. BUYER may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of SELLER.

28. NON-INTEREST. No officer or employee of BUYER shall hold any interest in this Agreement (California Government Code section 1090).

29. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.

The parties shall be addressed as follows or at any other address designated by notice:

To BUYER: City of Shafter
Attention: Ravi Pudipeddi
336 Pacific Avenue
Shafter, CA 93263
To SELLER: V Lions Holdings, LLC
Attn: Rob Geis
P.O. Box 1200
Wasco, CA 93280
[Signatures on following page]

17236.00000\43761455.3
Parcel ID: 88642 & 88645
PROJECT: Santa Fe and Los Angeles Avenue Roundabout
EA: 06-1A470
SELLER: V Lions Holdings, LLC
-- Page 15 of 15 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“BUYER” “SELLER”

CITY OF SHAFTER V LIONS HOLDINGS, LLC, A NEVADA

LIMITED LIABILITY COMPANY
BY: V LIONS MANAGEMENT, LLC, A

NEVADA LIMITED LIABILITY COMPANY

AUTHORIZED TO DO BUSINESS IN THE

STATE OF CALIFORNIA AS GARDINER V

LIONS MANAGEMENT, LLC, A NEVADA

LIMITED LIABILITY COMPANY, ITS

MANAGER
By: By: ________________________________
Lance Lippincott John Gardiner
City Manager Co-Manager
ATTEST:

By:

Yazmina Pallares
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By:

Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Property Diagram

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Shafter
City Clerk
336 Pacific Avenue
Shafter, CA 93263
PTN of APN: 028-290-16
No recording fee required:

Exempt pursuant to Code 27383

EXHIBIT A
The undersigned Grantor(s) declare(s) that the
DOCUMENTARY TRANSFER TAX IS: $ 0
County $ 0 City $ 0
X Grantee is Exempt Gov’t Agency (R&T 11922)
GC 27388.1(a)(1): Recorded document is
expressly exempted from payment of recording
fees (FBO Govt. agency):

Space above this line for Recorder’s Use
GRANT DEED District County Route Postmile Number
06 KER 43 15.69/15.88

88642-1
88645-1
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, V LIONS HOLDINGS, LLC, a Nevada limited liability company, hereinafter called GRANTOR, hereby grants to the CITY OF SHAFTER, a California municipal corporation, hereinafter called GRANTEE, all that real property situated in the City of Shafter, County of Kern, State of California, more particularly described as follows:

SEE EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE.

The GRANTOR further understands that the present intention of the CITY is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.

Dated: _____________________

Number
88642-1
88645-1

GRANTOR:

V LIONS HOLDINGS, LLC,
a Nevada limited liability company
BY: V LIONS MANAGEMENT, LLC, A

NEVADA LIMITED LIABILITY COMPANY

AUTHORIZED TO DO BUSINESS IN THE STATE

OF CALIFORNIA AS GARDINER V LIONS

MANAGEMENT, LLC, A NEVADA LIMITED

LIABILITY COMPANY,

ITS MANAGER

By: _________________________________
Keith B. Gardiner
Chief Executive Officer

Number
88642-1
88645-1

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

State of California
County of _______________________
On ___________________ before me, ________________________________, Notary Public, personally appeared ___________________________________________________________ ________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _____________________________
(Seal)

Number
88642-1
88645-1

EXHIBIT “A”
Legal Description

Number
88642-1
88645-1

Number
88642-1
88645-1

Number
88642-1
88645-1

CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real property conveyed by the GRANT DEED dated ____________________, 20_____, from V LIONS HOLDINGS, LLC, a Nevada limited liability company, to the CITY OF SHAFTER, a California municipal corporation, is hereby accepted for public purposes by order of the City Council of the City of Shafter on ____________________, 20_____, and the grantee consents to recordation thereof by its duly authorized officer.

CITY OF SHAFTER
By:______________________________
Lance Lippincott, City Manager
Dated: __________________________
ATTEST:

By:______________________________
Yazmina Pallares, City Clerk

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Shafter
City Clerk
336 Pacific Avenue
Shafter, CA 93263
PTN of APN(s): 028-290-05 and 028-290-17
No recording fee required:

Exempt pursuant to Code 27383

EXHIBIT A
The undersigned Grantor(s) declare(s) that the
DOCUMENTARY TRANSFER TAX IS: $ 0
County $ 0 City $ 0
X Grantee is Exempt Gov’t Agency (R&T 11922)
GC 27388.1(a)(1): Recorded document is
expressly exempted from payment of recording
fees (FBO Govt. agency):

Space above this line for Recorder’s Use
GRANT DEED District County Route Postmile Number
06 KER 43 15.69

88642-01-01
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, V LIONS HOLDINGS, LLC, a Nevada limited liability company, hereinafter called GRANTOR, hereby grants to the CITY OF SHAFTER, a California municipal corporation, hereinafter called GRANTEE, all that real property situated in the City of Shafter, County of Kern, State of California, more particularly described as follows:

SEE EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE.

The GRANTOR further understands that the present intention of the CITY is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.

Dated: _____________________