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63. “Recreational vehicle” means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
For floodplain management purposes, the term recreational vehicle also includes, but is not limited to, park trailers, travel trailers, and other similar vehicles.
64. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
65. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
66. “Scour depth” means the distance below prevailing ground resulting from the erosive action of running water which temporarily or permanently excavates and carries away material from the prevailing ground or channel bed during flooding.
67. “Sheet flow area.” See “Area of shallow flooding.”
68. “Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, or identified by the floodplain administrator.
69. “Start of construction” means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
70. “Structure” means a roofed building with one or more walls, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
71. “Substantial damage” means damage of any origin sustained by a
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structure whereby the cost of restoring the structure by reconstruction, rehabilitation, addition, or other improvement to its before damage condition equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred.
72. “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development or improvement the cumulative replacement cost (including but not limited to materials and labor) of which equals or exceeds fifty percent (50%) of the current market value of the structure before the start of construction of the initial improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however, include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
73. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
74. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
75. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) for floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
76. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
15.44.070 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of incorporated City of Shafter.
15.44.080 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards are as listed below:
A. Those identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the scientific and engineering report entitled Flood Insurance Study, Shafter, California, unincorporated and incorporated areas within City of Shafter dated September 27, 1994, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, and all subsequent amendments and/or revisions.
B. Those included in the Department of Water Resources, Division of Flood Management, State of California, Reclamation Board, Kern River
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Designated Floodway Maps for the following reaches:
1. Tupman to Golden State Highway, April 19, 1976.
2. Tupman to Tulare Lake, November 12, 1976.
3. Golden State Highway to Lake Isabella Dam, June 20, 1978.
4. Lake Isabella to Tulare County, November 19, 1981.
5. Lake Isabella to Sequoia National Forest, November 19, 1981.
C. Those included on parcel and tract maps within incorporated City of Shafter.
D. Those flood hazard studies prepared by, or for, the floodplain administrator.
The flood, erosion, and mudslide hazards identified by the above maps and/or studies are hereby adopted by reference and declared to be a part of this chapter.
These maps and/or studies are on file at the office of the floodplain administrator as established in Section 15.44.160. These maps and/or studies may be revised and amended from time to time and shall go into effect thereafter pursuant to the provisions of the applicable federal, state, or local law.
As a basis for establishing areas of special flood, erosion, and mudslide hazards other than those listed above and imposing the flood protection requirements of this chapter, the floodplain administrator, as established in Section 15.44.160, or his authorized agent, shall obtain, review, and reasonably utilize the best flood data available from any source (federal, state, or other), such as high water marks, floods of record, or private engineering studies, maps, and reports.
15.44.090 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, altered, or substantially improved nor shall land be graded for development without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City of Shafter from taking such lawful action as is necessary to prevent or remedy any violation.
15.44.100 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.44.110 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under
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State statutes.
15.44.120 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Shafter, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
15.44.130 Severability.
This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.
Article II. Administration
15.44.140 Development permit.
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) established in Section 15.44.080. Application for a development permit shall be made on forms furnished by the City of Shafter. The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section
15.44.080 and 15.44.190;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
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nonresidential structure will be flood proofed, as required in Section
15.44.270.C of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential flood proofing criteria in Section 15.44.270.C.
C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.44.270.D of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. All appropriate certifications listed in Section 15.44.210 of this ordinance.
15.44.150 Fees.
Subject to approval by the City Council, the floodplain administrator may adopt and charge a reasonable schedule of fees for flood hazard evaluations, flood hazard evaluation updates, certification of elevation, variance to flood requirement, appeal to higher authority, and for the performance of special services by the Engineering and Survey Services Department in administering and enforcing this title.
15.44.160 Designation of the floodplain administrator.
The Building Official or authorized designee agent acting in the official's behalf is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.
15.44.170 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 15.44.180 through 15.44.230, including completing and submitting a Biennial Report to FEMA and assuring community’s General Plan is consistent with the floodplain management objectives herein.
15.44.180 Permit review.
A. Review of all permits to determine that the permit requirements of this chapter have been satisfied;
B. All other state and federal permits required to fulfill the purpose of Section 15.44.040 have been obtained;
C. The site, subdivision or other proposed new development is reasonably safe from flooding; and
D. The proposed development does not adversely affect the carrying capacity of the special flood hazard area. For purposes of this chapter, in areas where Floodways have not been designated, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point. See also Section 15.44.320 (Floodways).
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15.44.190 Use of other base flood data.
When base flood elevation data has not been provided in accordance with Section
15.44.080, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer Article III. Any such information shall be subject to review and approval by the floodplain administrator.
15.44.200 Notification of other agencies.
A. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;
2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
B. Base Flood Elevation changes due to physical alterations:
1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
2. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
C. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
15.44.210 Documentation of floodplain development.
Obtain and maintain for public inspection and make available as needed:
A. The certification required in Section 15.44.270(A) (floor elevations); B. The certification required in Section 15.44.270(B) (elevations in areas of shallow flooding);
C. The certification required in Section 15.44.270(C) (elevation or flood proofing of nonresidential structures);
D. The certification required in Section 15.44.270(D) (wet flood proofing standard);
E. The certification required in Section 15.44.290(B) (subdivision standards);
F. The certification required in Section 15.44.320(A) (floodway encroachments);
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G. The certification required in Section 15.44.330(A) (high hazard areas);
H. The reports required in Section 15.44.340 (mudslide areas).
I. The information required in Section 15.44.350 (flood-related erosion hazard areas).
15.44.220 Map determination:
Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (ie., mudflow); (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V.
15.44.230 Action to remedy violations.
Take action to remedy violations of this chapter as specified in Section 15.44.090 herein.
Article III. Provisions for Flood Hazard Reduction.
15.44.240 Standards of construction.
In all areas of special flood hazard, the following standards set out in Sections
15.44.250 through 15.44.350 are required.
15.44.250 Anchoring.
A. All new construction, substantial improvements and other proposed new development shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. All manufactured homes shall meet the anchoring standards of Section 15.44.300.
15.44.260 Construction materials and methods.
A. All new construction, substantial improvements and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.
B. All new construction, substantial improvements and other proposed new development shall be constructed using methods and practices that minimize flood damage.
C. All new construction, substantial improvements and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. Require within special flood hazard areas adequate drainage paths
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around structures on slopes to guide flood waters around and away from proposed structures.
15.44.270 Elevations and flood proofing.
A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Section 15.44.270 (C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garages) may meet the elevation requirements of Section 15.44.270 (E). Certification of the lowest floor elevation shall be provided in accordance with Appendix Chapter 1, Section 109.3.3 of the California Building Code. Upon completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated at least one (1) foot above the shallow flooding depth or depth number specified in feet on the Flood Insurance Rate Map (FIRM), or at least two (2) feet if no depth number is specified. The elevation is to be measured from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Subsection 15.44.270(C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 15.44.270(E). Certification of the lowest floor shall be provided in accordance with Section Appendix Chapter 1, Section 109.3.3 of the California Building Code as adopted. Upon the completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
C. Nonresidential construction shall either be elevated in conformance with Subsections 15.44.270(A) or (B) of this section or, together with attendant utility and sanitary facilities:
1. Be flood proofed one (1) foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
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D. Require, for all new construction, substantial improvement and other proposed new development, that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1. Either a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding (as indicated by the elevation requirements of this section) shall be provided, the bottom of the openings shall be no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); and buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
2. Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.
E. Garages and low cost accessory structures.
1. Attached Garages.
a. A garage attached to a residential structure,
constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 15.44.270.D. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.44.260. b. A garage attached to a nonresidential structure must meet the above requirements or be dry flood proofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
2. Detached garages and accessory structures.
a. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 15.44.060, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a1. Use of the accessory structure must be limited
to parking or limited storage;
a2. The portions of the accessory structure located
below the BFE must be built using flood-resistant materials; a3. The accessory structure must be adequately
anchored to prevent flotation, collapse, and lateral movement; a4. Any mechanical and utility equipment in the
accessory structure must be elevated or flood proofed to or above the BFE;
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a5. The accessory structure must comply with
floodplain encroachment provisions in Section 15.44.320; and a6. The accessory structure must be designed to
allow for the automatic entry of flood water in accordance with Section 15.44.270.D.
b. Detached garages and accessory structures not
meeting the above standards must be constructed in accordance with all applicable standards in Section 15.44.240.
15.44.280 Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
B. On-site waste disposal systems shall be designed and located to avoid impairment to them, or contamination from them, during flooding.
C. Other utilities are addressed at 15.44.260 and 15.44.290.
15.44.290 Standards for subdivisions.
A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
15.44.300 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall:
1. Be elevated on a permanent foundation such that the top of
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the steel frame is one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement, or
2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one (1) foot above the base flood elevation and the manufactured home must be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision in a special flood hazard area that are not subject to the provisions of Subsection 15.44.300(A) shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement and elevated so that either;
1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one (1) foot above the base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
15.44.310 Standards for recreational vehicles.
All recreational vehicles placed on sites within areas of special flood hazard will either:
A. Be on site for fewer than one hundred eighty (180) consecutive days; B. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of Article III of this chapter and the elevation and anchoring requirements for manufactured homes in Section
15.44.300.
15.44.320 Floodways.
Located within areas of special flood hazard, established in Section 15.44.080, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If Subsection 15.44.320(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.
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15.44.330 High hazard areas.
Located within areas of special flood hazard on alluvial fans, established in Section
15.44.080, are well-defined watercourses and overflow channels which are designated as severe flood hazard areas. Since the severe flood hazard area is an extremely hazardous area due to the severe and erratic lateral and vertical erosion potential from high velocity flood waters, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless any flood protection measures are designed and certified by a registered professional engineer or architect as providing adequate slope, scour, and elevation protection, and that any encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge within the severe flood hazard area.
B. If Subsection 15.44.330(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.
15.44.340 Mudslide (i.e., Mudflow) hazard areas.
A. The floodplain administrator shall review permits for proposed construction or other proposed new development to determine if it is proposed within a mudslide area as known to the community.
B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:
1. The type and quality of soils;
2. Evidence of groundwater or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
C. Within areas which have mudslide hazards, the following requirements apply:
1. A site investigation and further review shall be made by persons qualified in geology and soils engineering;
2. Proposed new development shall be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, substantial improvements, and other proposed new development do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
4. Drainage, planting, watering, and maintenance shall not endanger slope stability.
15.44.350 Flood-related erosion hazard areas.
A. The floodplain administrator shall review all permits for proposed construction and other proposed new development within all flood-related erosion
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hazard areas as known to the community.
B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
Article IV. Variance Procedure
15.44.360 Nature of variances.
The variance criteria set forth in this Article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. In general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the Shafter City Council and the floodplain administrator to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or other requirements in this chapter are quite rare. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
15.44.370 Authority and conditions to grant variances.
The floodplain administrator is empowered to grant variances from the terms of one or more regulations in this chapter in the following cases:
A. Variances may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of onehalf (1/2) acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation, providing that the procedures of Articles II and III of this chapter have been fully considered. As lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of Historic Structures (as defined in Article I of this chapter) upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to
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preserve the historic character of the structure.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections
15.44.370(A) through (C) and Subsection 15.44.390(B) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
Upon consideration of the factors of Subsection 15.44.390(A) and the purposes of this chapter the floodplain administrator may impose other reasonable conditions on any variance mentioned in this section as deemed necessary to further the purposes of this chapter.
15.44.380 Special definitions.
For the purpose of this article, certain terms and words are defined as provided in this section:
A. “Applicant” means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.
B. “Application” means an application for a variance under this section C. “Board” means the Shafter City Council.
D. “Clerk” means the City Clerk.
E. “Fraud and victimization” means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the floodplain administrator will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the elevation requirements of Section 15.44.260 are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
F. “Hardship” means the hardship that would result from a failure to grant the requested variance. The floodplain administrator requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance.
This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
G. “Minimum necessary” means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of
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this chapter. In the case of variances to an elevation requirement, this means the floodplain administrator need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only to that level that the floodplain administrator believes will both provide relief and preserve the integrity of this chapter.
H. “Public Safety” and “Nuisances” means the granting of a variance must not result in additional threats to public safety or create nuisances. This ordinance is intended to help protect the health, safety, well-being, and property of local citizens. This is a long range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.
I. “Responsible Authority” means the officer or body with the duty of issuing any permit or rendering any approval required under this chapter which is subject to the regulations as to which a variance is sought.
15.44.390 Grounds for granting variance.
A. In passing upon an application for a variance, the floodplain administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion danger;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6. The compatibility of the proposed use with existing and anticipated development;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in time of flood for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;
10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
B. The applicant for a variance shall show at the hearing thereon and before granting a variance, the floodplain administrator shall find:
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1. That there is a good and sufficient cause for variance.
2. That failure to grant the variance would result in exceptional hardship to the applicant.
3. That the granting of such variance and any construction, improvement, development, or other action which may be undertaken under it will not:
a. Result in any increased flood heights, additional
threats to the public safety, or extraordinary public expense; b. Create any nuisance;
c. Cause fraud on or victimization of the public; or
d. Conflict with any other ordinance or regulation of the City of Shafter.
4. That the extent of the variance is the minimum necessary to afford relief, considering the flood hazard.
C. It is recognized that, under Section 60.6(a)(6) of the National Flood Insurance Program Regulations, the City is required to make a biennial report, or as requested by the Federal Insurance Administrator, and report therein any variances which have been granted, and that said Administrator is empowered to review the findings justifying the granting of variances, and that if said Administrator determines that such variances show a pattern inconsistent with the objectives of sound floodplain management, said Administrator may take action under Section 59.24(b) of said Regulations to suspend eligibility of this City from the National Flood Insurance Program.
D. It is also recognized that, under Section 60.6(a) of said Regulations, the issuance of a variance is only for the purposes of application of the floodplain management regulations in this chapter, and that flood insurance rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, and that construction of a structure below the regulatory flood elevation, or otherwise inconsistently with the objectives of sound floodplain management, may result in flood insurance premium rates on such structure beyond the means of its owner, which are not modified by the granting of a variance.
E. For the reasons mentioned in Subsections (C) and (D) above, it shall be the policy of City of Shafter to give the provisions of this chapter a conservative construction and application, with the objective of avoiding, wherever feasible, the granting of any variance which would be inconsistent with the objectives of sound floodplain management or which may result in rendering residents of City of Shafter ineligible for flood insurance or which might place flood insurance beyond the means of the owner of a structure constructed under such variance.
15.44.400 General provisions for variances.
A. If an application for a variance is filed before the responsible authority has acted on a related application for development permit, subdivision map, or parcel map, it shall not make a decision thereon nor issue such permit or approve such map until the floodplain administrator has made his determination with respect to the variance. By filing such application for variance, the applicant shall
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be deemed to have consented to extension of the time within which action is required to be taken on such application for permit or map for a period of at least thirty (30) days from and after the date of the floodplain administrator's determination with respect to the variance.
B. An application for a variance may be filed prior to the filing of an application for a development permit or submission of proposed subdivision map or parcel map, but in such case, the applicant for the variance shall furnish with the application for variance such information as the floodplain administrator may deem sufficient, in his reasonable discretion, to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision, including, but not confined to, environmental information.
C. If the floodplain administrator determines that insufficient information has been provided to comply with any rules adopted pursuant to subsection (D) below or to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision (including, but not confined to, its environmental effect), he is empowered to make an order requiring the applicant to furnish such information and to delay or continue the hearing until a reasonable time after such information has been furnished.
D. The floodplain administrator may, from time to time, adopt reasonable rules relating to the information to be furnished by the applicant for a variance.
15.44.410 Procedure for filing and processing a variance.
An application shall be filed and processed in the following manner:
A. An application for a variance shall be filed with the floodplain administrator and shall be in writing on such form as the floodplain administrator may, from time to time, approve.
B. An application shall be signed by the applicant or his authorized agent.
C. The application shall identify the regulation or regulations as to which the variance is applicable and shall briefly state the facts which give rise to a good and sufficient cause for the variance. The application shall set forth the address for purposes of giving notice and the telephone number of the applicant or his authorized agent.
15.44.420 Fixing date of hearing; Notice of hearing.
A. The floodplain administrator shall fix a date and time for hearing on such variance which shall be within fifteen (15) days after the filing of such application unless the applicant consents to a delay or continuance.
B. The floodplain administrator shall cause notice to be given of the date, time, and place of the hearing on such application for variance at least one (1) week prior thereto as follows:
1. By mailing a copy of such notice by ordinary U.S. mail to the address set forth in the application;
2. By mailing a copy of such notice to any person who has requested it and who has furnished the floodplain administrator with
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stamped, pre-addressed envelope for such purpose;
3. By sending a copy of such notice to any other responsible authority; and
4. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.
C. As an alternative to the notice required by subparagraphs (1), (2), or (3) of this section, the floodplain administrator may give such notice by causing personal delivery of a copy to the person entitled thereto not less than seventy-two (72) hours before the time fixed for hearing.
15.44.430 Conduct of hearing; Decision.
A. The floodplain administrator shall hear the application for variance and consider evidence presented by the applicant, the responsible authority, and any interested person at the time and place fixed in the notice for hearing.
B. With consent of the applicant, the floodplain administrator may continue the hearing from time to time.
C. Within fifteen (15) days after conclusion of the hearing, the floodplain administrator shall declare his findings and decision and shall promptly transmit and post copies of same in the manner provided for notices in Subsection
15.44.420(B) above.
D. If the variance is granted, the floodplain administrator shall also send to the applicant, in the manner mentioned in Section 15.44.420(C) above, a notice over the signature of the floodplain administrator that:
1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;
2. Such construction below the regulatory flood elevation increases risk to life and property; and
3. Any other relevant information prescribed by the floodplain administrator; and
4. A copy of such notice shall be maintained with the record of the variance action mentioned in paragraph (E) following.
5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. The floodplain administrator shall maintain a record of all variance actions by the floodplain administrator or by the City Council in connection with any appeal to it relating to a variance. Such record shall include the findings or other justifications for issuance of each variance. The floodplain administrator shall also report each variance issued in the annual report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
F. Action or non-action of the floodplain administrator on an application for variance shall be subject to appeal under Article V.
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Article V. Appeals
15.44.440 Authority to consider appeals.
The City Council is empowered to hear appeals and grant relief thereon as provided in this article.
a
15.44.450 Special definitions.
For the purpose of this article, certain terms and words are defined as provided in this paragraph:
A. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter including the application for a hearing on appeal as well as the appeal process.
B. Applicant means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.
C. Board means the Shafter City Council.
D. Responsible Authority means the officer or body with the duty of issuing any permit or rendering any approval or which has a duty, power, or discretion under this chapter, which is subject of the appeal.
15.44.460 Grounds for granting appeal and related policies.
A. The appellant shall show at the hearing thereon, and before granting relief on appeal the Board shall find:
1. Interpretation by the responsible authority of one or more regulations mentioned in this chapter was unreasonable or arbitrary; or
2. Action taken or a decision by the responsible authority under this chapter was unreasonable or arbitrary; or
3. Failure to act by the responsible authority pursuant to this chapter was unreasonable or arbitrary.
B. The Board may refuse to grant relief on appeal with respect to any matter which should have been preliminarily considered under Article IV as a variance application.
15.44.470 Procedure for filing and processing appeal.
A. Any applicant who is dissatisfied with any action, decision, or nonaction of a responsible authority may appeal to the Board at any time. Any interested person adversely affected by any decision of a responsible authority may appeal to the Board within fifteen (15) days after such decision.
B. Each appeal shall be filed with the responsible agency and shall be in writing on such form as the Board may, from time to time, approve or if none, then on a form prescribed by the responsible authority.
C. Each appeal shall be signed by the appellant or his authorized agent.
D. The appeal shall identify the application for development permit or the subdivision or parcel map as to which issuance or approval is sought and shall identify the regulation which relates thereto and shall briefly state the facts which
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give rise to good and sufficient cause for granting relief on appeal. The appellant shall set forth the address for purposes of giving him notice and the telephone number of the appellant or his authorized agent.
E. If in addition to the responsible authority with which the appeal is filed, the action or non-action of any other responsible authority is also subject to such appeal, the appeal shall identify each such other responsible authority, in which case the one with which such application is filed shall promptly send a copy of it to each such other responsible authority. The Board is empowered to refuse to grant any appeal relating to the action or non-action of a responsible authority if the appeal failed to identify it.
F. The responsible authority shall promptly forward such appeal to the Clerk.
15.44.480 Fixing date of hearing; Notice of hearing.
The Clerk shall fix a date and time for a hearing on such appeal which shall be within fifteen (15) days after the filing of the appeal or at the next succeeding regular meeting of the Board after fifteen (15) days unless the applicant and appellant (if one other than the applicant) join in consent to a delay or continuance.
If the Clerk fails to fix a date and time for hearing, the Board shall do so. The Clerk shall cause notice to be given of the date, time, and place of the hearing on the appeal at least one (1) week prior thereto, as follows:
A. By mailing a copy of such notice to the appellant at the address set forth in the appeal, by ordinary U.S. mail;
B. By mailing a copy of such notice to the applicant (if one other than the appellant) by ordinary U.S. mail;
C. By mailing a copy of such notice to any person who has requested it and who has furnished the Clerk with a stamped, pre-addressed envelope for such purposes; and
D. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.
15.44.490 Conduct of Hearing – Decision.
A. The Board shall hear the appeal and consider evidence presented by the appellant, the responsible authority, and any interested person at the time and place fixed in the notice of hearing.
B. With the consent of the appellant, the Board may continue the hearing from time to time.
C. Within fifteen (15) days after conclusion of the hearing, the Board shall declare its findings, if any, and decision. The Clerk shall promptly transmit and post copies of same in the manner provided for notices in Section 15.44.480.
D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 15.44.420(C), a notice over the signature of the floodplain administrator that:
1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one
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hundred dollars ($100) of insurance coverage;
2. Such construction below the regulatory flood elevation increases risk to life and property; and
3. Any other relevant information prescribed by the floodplain administrator; and
4. A copy of such notice shall be maintained with the record of the variance action mentioned in subparagraph (D) following.
5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
D. The Clerk shall maintain a record of all actions taken by the Board on appeals.
15.44.500 Precedence.
This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The City Council of the City of Shafter may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128 or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.
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Section 16. Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.52
ENERGY CODE
Sections:
15.52.010 Short title.
15.52.020 Energy Code – Adopted.
15.52.030 California Energy Code – Amendments – General.
15.52.040 Reserved
15.52.010 Short Title.
This Chapter may be cited as the "Shafter Energy Code."
15.52.020 Energy Code – Adopted.
California Code of Regulations, Title 24, Part 6 being that portion of the 2022 2025 Edition of the California Energy Code, without amendment, is adopted by this reference into the Shafter Energy Code.
15.52.030 California Energy Code – Amendments – General No amendments, additions or modifications are included.
15.52.040 Reserved
ORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER AMENDING TITLE 9 OF THE SHAFTER MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.48
RELATING TO SLEEPING IN PUBLIC PLACES
WHEREAS, the City Council has studied and considered adding a new Chapter 9.48 to the Shafter Municipal Code as depicted in Exhibit “A”, attached hereto and made a part of this Ordinance as though fully set forth herein, and has determined that in order to enforce health and safety laws applicable to sleeping in public places in the City of Shafter, it is necessary to approve Ordinance No. 784; and
WHEREAS, a timely and properly noticed public hearing upon Ordinance No. 784 was held by the City Council of the City of Shafter on September 1, 2026 at which hearing evidence, oral and documentary, was admitted on behalf of said Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
SECTION 1. The Shafter Municipal Code is hereby amended by adding a new Chapter
9.48 to the Shafter Municipal Code as depicted in Exhibit “A”, attached hereto and made a part of this Ordinance as though fully set forth herein, by adoption of Ordinance No. 784 by the City Council of the City of Shafter.
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty days after its adoption, and within fifteen days after such adoption shall be published once in the Shafter Press, a newspaper of general circulation published and circulated in the City of Shafter, together with the names of members of the City Council voting for and against the same.
PASSED AND ADOPTED THIS 1st DAY OF SEPTEMBER, 2026.
__________________________________
Chad Givens, Mayor
ATTEST:
__________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
___________________________
Marco A. Martinez, City Attorney
Exhibit - A
Chapter 9.48, a new Chapter, added in Title 9 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
9.48.010 Purpose
The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for that for which they were intended and can constitute a public health and safety hazard which adversely impacts the city. The purpose of this chapter is to maintain public places within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
9.48.020 Definitions
As used in this chapter, the following terms shall have the meaning indicated in this section:
A. “Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
9.48.030 Sleeping in Public Places
It is unlawful for any person:
A. To camp or to place, erect, or maintain for the purpose of camping or sleeping any tent, house trailer, motorhome, camper, or any other camping facility or shelter of any kind whatsoever on any public property of this city; or B. To sleep out of doors on any public property, including city parks, sidewalks, or cityowned parking lots and parking structures.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: September 1, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: DISCUSSION AND DIRECTION REGARDING LERDO HIGHWAY
AND SCHNAIDT STREET INTERSECTION IMPROVEMENTS
RECOMMENDATION
Council find the action is not a “project” as defined by Section 15378(b)(5) of the CEQA Guidelines; formally confirm the all-way stop at the intersection of West Lerdo Highway and South Schnaidt Street as the permanent traffic-control configuration for the intersection; and provide direction regarding whether to retain the existing roadway and on-street parking configuration or direct staff to further evaluate modifications that could accommodate additional on-street parking, potentially including modifications to the dedicated turn lane. Any alternative configuration would remain subject to the City’s Subdivision and Engineering Design Manual and all other applicable engineering, traffic-safety, and roadway-design standards.
BACKGROUND
TRAFFIC STUDY AND ALL-WAY STOP
In 2020, the City prepared the 2020 West Shafter Traffic Assessment to evaluate traffic and pedestrian safety conditions along West Los Angeles Avenue, Poplar Avenue, West Lerdo Highway, and South Schnaidt Street. The assessment specifically evaluated the intersection of West Lerdo Highway and South Schnaidt Street and considered existing traffic controls, accident and citation history, vehicle speeds, pedestrian activity, roadway geometry, and access to nearby destinations.
The assessment identified speeding as a predominant issue along West Lerdo Highway and South Schnaidt Street. It also identified South Schnaidt Street as a commonly used pedestrian route providing access to Veterans Park and Grimmway Academy and noted requests for a pedestrian crossing of West Lerdo Highway in this area.
Although the accident history evaluated as part of the assessment did not, by itself, meet the threshold for an all-way stop at West Lerdo Highway and South Schnaidt Street, the assessment identified other conditions supporting additional pedestrian and traffic safety improvements. These included vehicle speeds, traffic volumes, pedestrian activity, roadway width, visibility, and the need to establish a defined pedestrian crossing.
The assessment recommended installation of a crosswalk at West Lerdo Highway and
DISCUSSION AND DIRECTION REGARDING LERDO HIGHWAY AND SCHNAIDT
STREET INTERSECTION IMPROVEMENTS
- 2 -
South Schnaidt Street to significantly enhance pedestrian safety. It further recommended an all-way stop as the most effective means of having motorists traveling on West Lerdo Highway in both directions stop for pedestrians using the crossing. The assessment concluded that the new intersection layout would contribute to a designated safe route to Grimmway Academy and Veterans Park.
The all-way stop was subsequently incorporated into the plans for the Lerdo Highway reconstruction project. When the City Council approved the project plans and authorized the project for bidding, it approved a project that included the all-way stop at West Lerdo Highway and South Schnaidt Street. However, the all-way stop was not separately presented to the City Council for formal confirmation as the permanent traffic-control configuration for the intersection.
The all-way stop has now been in operation for approximately two weeks. During that period, staff has observed the intersection’s operation, and the initial results have been encouraging. The all-way stop is providing a more defined and orderly intersection and appears to be benefiting vehicular circulation and pedestrian safety. Based on these initial observations and the findings of the 2020 West Shafter Traffic Assessment, staff believes the all-way stop is warranted and recommends that it remain as the permanent traffic-control configuration for the intersection.
ROADWAY CONFIGURATION AND ON-STREET PARKING
Although the initial operation of the all-way stop has been encouraging, concerns have been raised regarding the loss of on-street parking near the intersection. Staff followed up on these concerns by reviewing the available roadway width and the space needed to accommodate the various roadway uses.
During the design and implementation of the project, the consulting engineer and City staff reviewed the existing roadway conditions and compared the available roadway width and lane configuration with current traffic and roadway design standards. This review considered vehicular travel lanes, bicycle lanes, on-street parking, and the center turn lane. Based on this review, the project plans recommended removing approximately 220 feet of existing on-street parking on both sides of Lerdo Highway in the vicinity of Schnaidt Street.
It is important to clarify that the installation of the bicycle lanes, by itself, did not necessitate the removal of the on-street parking. Rather, the primary constraint is the overall width of Lerdo Highway at this location. Within the available roadway width, accommodating parking on both sides while also maintaining three vehicular travel lanes—two through lanes and a center turn lane make it difficult to provide appropriate widths for each roadway use.
Maintaining adequate travel and parking lane widths is important for the safe and orderly operation of the roadway. Narrowing these areas beyond appropriate widths simply to accommodate all desired uses could create conflicts between moving vehicles, parked vehicles, bicyclists, and pedestrians entering or exiting parked vehicles.
DISCUSSION AND DIRECTION REGARDING LERDO HIGHWAY AND SCHNAIDT
STREET INTERSECTION IMPROVEMENTS
- 3 -
Although the available roadway width cannot accommodate full on-street parking on both sides of West Lerdo Highway together with the current bicycle and vehicular travel lanes, certain modifications could allow some on-street parking to be retained or restored. These modifications may include shortening or otherwise eliminating the dedicated turn lane from West Lerdo Highway onto South Schnaidt Street. Any such modification would require balancing the demand for on-street parking against the space needed to support bicycle travel, pedestrian safety, turning movements, and the orderly flow of through traffic.
One of the objectives of this staff report is to present staff’s findings and obtain City Council direction regarding these competing priorities. The City Council may direct staff to retain the existing roadway configuration or further evaluate modifications intended to accommodate additional on-street parking. Staff’s ability to modify the roadway is limited by the available right-of-way and the requirement that any alternative configuration comply with the City’s Subdivision and Engineering Design Manual and all other applicable engineering, traffic-safety, and roadway-design standards. Accordingly, direction to prioritize additional on-street parking would authorize staff to evaluate possible modifications, but would not necessarily result in the restoration of full parking on both sides of West Lerdo Highway.
FISCAL IMPACT
There is no fiscal impact associated with this item. This item is being presented for discussion and direction only. Any future modifications directed by the City Council that require additional design or construction work would be evaluated separately for potential fiscal impacts.
CEQA ANALYSIS
The action is not a “project” as defined by Section 15378(b)(5) of the CEQA Guidelines because it is a request to discuss and provide direction regarding improvements to a street intersection, which is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Lerdo Highway & Schnaidt St. Configuration
2. Traffic Study - Los Angeles, Poplar, Lerdo, Schnaidt
Lerdo Highway and
Schnaidt St.
Configuration
Aerial Comparison
Lerdo Highway Striping Plan
2020 West Shafter Traffic Assessment
2020 WEST SHAFTER TRAFFIC ASSESSMENT
LOOP OF WEST LOS ANGELES AVENUE, POPLAR AVENUE, WEST LERDO HIGHWAY, &
SOUTH SCHNAIDT STREET
The following is a traffic safety assessment of four looped roadways within the City of Shafter.
The assessment responds to concerns residents have raised over the speeds of vehicles on these roadways. It also addresses a reported lack of pedestrian access safety measures raised by local school officials. The roads are West Los Angeles Avenue, Poplar Avenue, West Lerdo Highway, and South Schnaidt Street. Exhibit "A" provides a map of the looped roads.
This assessment focuses on current roadway signage and traffic control measures and recommends updates and upgrades to enhance vehicular and pedestrian traffic flow. It considers traffic data and observations documented by City of Shafter and County of Kern officials plus accounts from residents and officials of a local school. Included are detailed assessments of the following:
• Each street segment and street intersection.
• Surrounding sites and points of interest.
• Existing traffic control devices.
• Street data collected and sources.
The following summaries technical references and terminology used in the study:
• MUTCD California Manual of Uniform Traffic Control Devices • AADT Annual Average Daily Traffic
• MPH Miles Per Hour
• WB Westbound
• EB Eastbound
WEST LOS ANGELES AVENUE. – SOUTH SCHNAIDT STREET TO POPLAR AVENUE.
West Los Angeles Avenue is a collector immediately adjacent to the City limit within this assessment area. Generally, residential properties on the south are in the County of Kern’s jurisdiction, whereas residential properties and a local park on the north side are in the City’s jurisdiction. The roadway itself is entirely within the City’s jurisdiction.
Developments over the past 20 years have affected traffic at this stretch of roadway. These changes include the addition of the Grimmway Academy charter school, Veterans Park, and
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
336 Pacific Avenue
Shafter, CA 93263
(661)746-5002
2020 West Shafter Traffic Assessment
moderate housing growth at the west side of the Core City. However, increased traffic has mostly been attributed to the local and non-local motorists using this stretch as an alternative route through the City to commute and access regional points of interest, including Interstate 5 and the Shafter-Wasco landfill.
Existing traffic control signage includes the following:
• All-way stop intersection at South Schnaidt Street with crosswalks to facilitate pedestrian access to Grimmway Academy and Veterans Park.
• All-way stop intersection at Poplar Avenue with limits lines for vehicular traffic and flashing beacons mounted on the stop signs for Poplar Avenue traffic due to the lack of street lighting.
• Advanced 25 MPH School Zone and pedestrian crossing posting for eastbound traffic approaching the South Schnaidt Street intersection.
• “End School Zone” posting for westbound traffic exiting the South Schnaidt Street intersection.
• 45 MPH speed limit signs are posted eastbound and westbound outside the designated school zone.
The following three-year span of data covers citations and accidents reported and filed by the Shafter Police Department:
2020 West Shafter Traffic Assessment
CITATIONS
DATE TIME LOCATION CODE VIOLATION
07/26/2017 4:10 PM 500 W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
08/11/2017 9:20 AM 500 W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
09/09/2020 10:00 PM W LOS ANGELES AV/S SCHNAIDT VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
02/04/2020 6:30 PM W LOS ANGELES AV/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
03/14/2020 8:06 PM W LOS ANGELES AV/S SCHNAIDT VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
03/15/2020 0 W LOS ANGELES AV/SPECTRUM VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
04/22/2020 10:30 AM W LOS ANGLES/S SCHNAIDT VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2020 West Shafter Traffic Assessment
Observations of Citation and Accident Data
• The five most critical are accidents within a 24-month span. • The three most critical accidents occurred within a 12-month span • Both accidents and citations appear to be tied to excessive speeding. • West Los Angeles Avenue has no advance warning signs for:
o Eastbound and westbound Stop Ahead (EB/WB)
o Reduced Speed limit Ahead (EB).
Guidance
Per the MUTCD:
Section 2C.02, Application of Warning signs:
01 The use of warning signs shall be based on an engineering study or on engineering judgment.
Guidance:
02 The use of warning signs should be kept to a minimum as the unnecessary use of warning signs tends to breed disrespect for all signs.
Section 2A.04 Excessive Use of Signs:
Guidance:
01 Regulatory and warning signs should be used conservatively because these signs, if used to excess, tend to lose their effectiveness. If used, route signs and directional guide signs should be used frequently because their use promotes efficient operations by keeping road users informed of their location.
ACCIDENTS
DATE TIME LOCATION CODE VIOLATION
07/17/2017 12:45 PM 500 W LOS ANGELES AV VC 23152(a) (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
12/15/2019 3:45 PM W LOS ANGELES AV/POPLAR AV CVC 23152(g) (g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
01/05/2020 12:10 PM W LOS ANGELES AV/POPLAR AV VC 21801(a) (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a Highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
02/18/2020 9:55 AM W LOS ANGELES AV/S SCHNAIDT VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
03/08/2020 10:06 PM W LOS ANGELES AV/SPECTRUM CVC 21802(a) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which Avenue approached from another
Highway, or which are approaching so closely as to constitute an immediate hazard and shall continue to yield the right-ofway to those vehicles until he or she can proceed with reasonable safety.
2020 West Shafter Traffic Assessment
Section 2A.04 Speed Limit Sign:
Guidance:
09 A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead.
Recommendations
The citation and accident data suggest speeding is the predominant safety issue. A significant portion of this traffic appears to be commuting for individuals that live and work outside the City because the roadway poses fewer restrictions for access through the City than West Lerdo Highway. There is no warrant for reducing speed limits or stopping traffic between the existing all-way stop intersections at South Schnaidt Street at Poplar Avenue. However, some remedies could at least provide advance notice of impending traffic restrictions to enhance safety and awareness, particularly for motorists who don’t live or work in the City and are unfamiliar with the local roadways. The following are the suggested remedies:
Stop Ahead (W3-1) – To forewarn eastbound and westbound motorists of the impending all-way stop intersections at Poplar Avenue and South Schnaidt Street, “Stop Ahead” Standard W3-1 signs should be installed. Even if motorists are only driving at the maximum allowed speed of 45 mph, the longest possible distance to decelerate to a stop at either Poplar Avenue or South Schnaidt Street is less than half a mile. Between that distance and the existing stop signs, the addition of a “Stop Ahead” sign both directions of travel could better prompt motorists to stop. A W3-1 sign for eastbound traffic is not as critical given that the school zone, pedestrian crossings and street lighting closer to South Schnaidt may already provide adequate warning for motorists to see the restrictions they are approaching and slow down.
Reduced Speed Ahead (W3-5) – To forewarn eastbound motorists of the impending school zone as they approach the South Schnaidt Street intersection, a “Reduced Speed Ahead” Standard W3- 5 sign should be installed. The current 45 MPH to 25 MPH reduction for the school zone is twice the speed reduction of 10 mph suggested by applicable guidelines for this type of roadway.
2020 West Shafter Traffic Assessment
Poplar Avenue – West Los Angeles Avenue to West Lerdo Highway Poplar Avenue, between West Los Angeles Avenue and West Lerdo Highway, is the westernmost roadway within the City’s jurisdictional limits. South of the West Los Angeles Avenue intersection, Poplar Avenue falls within the County of Kern’s jurisdictional limits. The City’s portion of the roadway runs through an almond orchard on the west side and residential development on the east side. The south half of the residential development consists of lots built to a rural standard, with houses facing the street that does not have curbs, gutters, sidewalks, and pavement for street parking. The north half consists of houses facing away from a street fullywidened and improved on their side street and a block wall separating them from the Poplar Avenue traffic.
Residents living along the rural stretch of the roadway have reported motorists speeding to the Public Works Department for the past few years. A traffic study conducted in 2018 ultimately resulted in a warrant for what is now an all-way stop intersection at West Los Angeles Avenue.
Previously, the intersection only required a stop for West Los Angeles Avenue traffic. The same study also resulted in a newly-adopted speed limit of 25 mph, mostly due to the residential properties that front the street. Flashing beacons were mounted on the stop and speed limit signs to enhance the visibility of the current traffic restrictions. “Stop Ahead” were also installed to forewarn motorists of the impending all-way stop intersection.
The following two-year span of data covers citations and accidents reported and filed by the Shafter Police Department:
CITATIONS
DATE TIME LOCATION CODE VIOLATION
2/1/2018 4:55 AM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/1/2018 5:30 AM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/1/2018 5:50 AM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/1/2018 6:05 AM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2020 West Shafter Traffic Assessment
CITATIONS
2/6/2018 5:47 PM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/6/2018 6:04 PM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/10/2018 11:05
AM
POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/10/2018 11:05
AM
POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/10/2018 4:37 PM POPLAR AV/PINE CONE STREET VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/23/2018 3:56 PM POPLAR AV/PINE CONE STREET VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
10/4/2018 8:45 AM POPLAR AV/W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
1/8/2019 4:50 AM POPLAR AV/W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
2/21/2019 7:41 AM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2/22/2019 9:15 PM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2020 West Shafter Traffic Assessment
CITATIONS
6/19/2019 8:35 PM POPLAR AV/W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/19/2019 8:10 AM POPLAR AV/W LOS ANGELES AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/26/2019 1:16 PM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/26/2019 2:16 PM POPLAR AV/W LOS ANGELES AV VC 22450(A) 6/26/2019 2:31 PM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/26/2019 5:18 PM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/26/2019 5:30 PM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 7:12 AM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 7:30 AM POPLAR AV/W LOS ANGELES AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 7:47 AM POPLAR AVENUE. VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 8:13 AM POPLAR AVENUE. VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2020 West Shafter Traffic Assessment
CITATIONS
6/27/2019 8:41 AM POPLAR AVENUE. VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 8:55 AM POPLAR AVENUE/PINE CONE ST VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 3:36 PM POPLAR AVENUE/ PINE CONE ST VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 8:39 AM POPLAR AVENUE/PINE CONE ST VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 8:13 AM POPLAR AVENUE/PINE CONE ST VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/27/2019 8:58 AM POPLAR AVENUE/WEST LERDO
HIGHWAY
VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
6/28/2019 7:23 AM POPLAR/ W. LERDO HIGHWAY VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/28/2019 7:40 AM POPLAR/PINECONE VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
ACCIDENTS
DATE TIME LOCATION CODE VIOLATION
4/29/2017 7:45 PM 200 S POPLAR AV VC 21800 (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different Highway.
(b) (1) When two vehicles enter an intersection from different Highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any vehicle on a terminating Highway shall yield the right-of-way to any vehicle on the intersecting continuing Highway.
2020 West Shafter Traffic Assessment
ACCIDENTS
(2) For the purposes of this section, “terminating Highway” means a Highway which intersects, but does not continue beyond the intersection, with another Highway which does continue beyond the intersection.
(c) When two vehicles enter an intersection from different Highways at the same time and the intersection is controlled from all directions by stop signs, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right.
(d) (1) The driver of any vehicle approaching an intersection which has official traffic control signals that are inoperative shall stop at the intersection, and may proceed with caution when it is safe to do so.
(2) When two vehicles enter an intersection from different Highways at the same time, and the official traffic control signals for the intersection are inoperative, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any vehicle on a terminating Highway shall yield the right-of-way to any vehicle on the intersecting continuing Highway.
(e) This section does not apply to any of the following:
(1) Any intersection controlled by an official traffic control signal or yield right-of-way sign.
(2) Any intersection controlled by stop signs from less than all directions.
(3) When vehicles are approaching each other from opposite directions and the driver of one of the vehicles intends to make, or is making, a left turn.
11/2/2017 9:14 PM POPLAR AV/W LERDO HIGHWAY VC 21801(a) (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a Highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
3/10/2018 10:13 AM POPLAR AV/W LERDO HIGHWAY VC 21802(a) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which Avenue approached from another Highway, or which are approaching so closely as to constitute an immediate hazard and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.
5/23/2018 11:30 PM POPLAR AV/W LOS ANGELES AV VC 21802 (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which Avenue approached from another Highway,
2020 West Shafter Traffic Assessment
ACCIDENTS
or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.
(c) This section does not apply where stop signs are erected upon all approaches to an intersection.
6/23/2018 3:48 PM POPLAR AV/W LOS ANGELES AV CVC 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a Highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.
6/25/2018 POPLAR AV/W LOS ANGELES AV VC 22450(a) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/25/2018 POPLAR AV/W LOS ANGELES AV VC 22450(a) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
Observations of Citation and Accident Data
• The data covers a three-year span through April, 2020 • The five most critical accidents within 24-month span. • The three most critical accidents within a 12-month span. • Neither the citation nor accident data make reference to the effectiveness of existing traffic control measures or the potential use of new measures to reduce speeding and accidents.
Guidance:
None.
Recommendations
2020 West Shafter Traffic Assessment
An existing “Stop Ahead” (W3-1) sign posted for northbound Poplar Avenue has faded and does appear to offer retro reflectivity, so it should be replaced.
West Lerdo Highway – Poplar Avenue to South Schnaidt Street West Lerdo Highway is classified as an arterial roadway within the City. Between Highway 99 and Highway 43, it is divided and has two lanes for eastbound and westbound traffic. West of Highway 43, it becomes undivided with only one lane for each direction to the City’s westerly limit. Although one-lane traffic includes South Schnaidt Street to Poplar Avenue, this stretch was fully-widened and improved by residential development. The existing traffic control measures include stop signs for northbound and southbound traffic at South Schnaidt Street and Poplar Avenue.
The current speed limit posting is 45 mph for West Lerdo Highway. West of Poplar Avenue, the speed limit defaults to a posted 55 mph as the roadway transitions to the jurisdiction of Kern County. East of South Schnaidt Street, the speed limit transitions to 25 mph due to the immediate narrowing of the pavement width and the proximity to residential lots with direct street access plus proximity. The reduction also prepares traffic for the school zone at Golden Oak Elementary School. Reduced speed warnings are posted for eastbound traffic entering the City limits. Finally, “No Parking Anytime” signs are posted, plus bike lanes are painted, between Poplar Avenue and South Schnaidt Street.
The following two-year span of data covers citations and accidents reported and filed by the Shafter Police Department:
CITATIONS
DATE TIME LOCATION CODE VIOLATION
8/7/2019 9:14 PM TV LITTLE/W LERDO VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
8/16/2019 2:30 PM W LERDO HIGHWAY/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
8/22/2019 11:40 AM W LERDO HIGHWAY/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
2020 West Shafter Traffic Assessment
CITATIONS
9/1/2019 6:06 PM W LERDO HIGHWAY/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
9/13/2019 11:46 AM W LERDO HIGHWAY/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
9/16/2019 8:00 AM W LERDO HIGHWAY/POPLAR AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
10/21/2019 7:55 AM W LERDO HIGHWAY/S SCHNAIDT VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
10/21/2019 7:55 AM W LERDO HIGHWAY/TV LITTLE VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
4/22/2020 10:30 AM W/B W Lerdo Highway @
Manzanita
VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
ACCIDENTS
DATE TIME LOCATION CODE VIOLATION
07/02/2019 10:34 AM W LERDO HIGHWAY/POPLAR AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
08/24/2019 1:30 AM W LERDO HIGHWAY/POPLAR AV VC 23152(A) (g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. 10/01/2019 2:52 PM W LERDO HIGHWAY/POPLAR AV CVC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
2020 West Shafter Traffic Assessment
Observations of Citation and Accident Data
• The data covers a three-year span through April, 2020 • The five most critical accidents within 24-month span. • The three most critical accidents within a 12-month span. • Reports filed suggest speeding is the predominant issue.
Guidance:
Per the MUTCD:
Section 2A.04 Speed Limit Sign:
Guidance:
09 A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead.
Recommendations
Relocate Westbound 45 MPH Sign – The existing 45 mph sign for westbound traffic is located at the northeast corner at the intersection of West Lerdo Highway and South Schnaidt Street and does not provide an ideal advisory of the speed limit increase from 25 mph. The 45 mph sign should be relocated, preferably near the midpoint between South Schnaidt Street to Poplar Avenue or per MUTCD guidelines. Further, the existing 45 mph sign should be replaced with a “25 MPH END”.
Advanced Warning of 25 MPH Zone – The eastbound speed limit drop from 45 to 25 mph is viewed as significant because it exceeds a MUTCD guideline of 10 mph. Therefore, it is recommended that a “Reduced Speed Ahead” (W3-5) sign be installed, immediately east of Poplar Avenue, to provide advanced notice of the pending drop for the primary benefit of nearby residents and schools. 1
1 An “All-way Stop” with a crosswalk will be recommended to improve pedestrian access across West Lerdo Highway at South Schnaidt Street further in this assessment. If this option is chosen, a "Stop Ahead", rather than a W3-5, should be installed.
2020 West Shafter Traffic Assessment
South Schnaidt Street – West Lerdo Highway to West Los Angeles Avenue Although its location and alignment suggest it is a collector street, South Schnaidt Street has been developed some stretches as a local residential street. Eight homes between West Lerdo Highway and Rodeo Avenue have direct access to the road. Further, the road has become a commonly-used pedestrian route for access to both Veteran Park and the Grimmway Academy charter school.
Representatives from the Grimmway Academy have even requested a South Schnaidt Street crosswalk at West Lerdo Highway to facilitate safe and orderly pedestrian access during and after school. Nearby residents have also reportedly made requests for a West Lerdo Highway crosswalk.
South Schnaidt Street does not appear to have a speed limit posted. Per California Vehicle Code 22350 Basic Speed Law, it is illegal for a motorist to drive faster than is safe for the given driving conditions and circumstances. The prima facie or presumed speed limit for business and residential districts and school zones is 25 mph.
The following three-year span of data covers citations and accidents reported and filed by the Shafter Police Department:
CITATIONS
DATE TIME LOCATION CODE VIOLATION
11/5/2017 12:53 PM N SCHNAIDT/W LERDO VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/29/2019 10:43 AM RODEO AV/S SCHNAIDT ST VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
6/29/2019 4:33 PM RODEO/S SCHNAIDT VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
7/1/2019 12:08 PM S SCHNAIDT ST/RODEO AV VC 22450(A) (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
2020 West Shafter Traffic Assessment
CITATIONS
7/1/2019 12:30 PM S SCHNAIDT/CURTIS AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
7/1/2019 12:54 PM S SCHNAIDT/CURTIS AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
7/2/2019 9:15 AM S SCHNAIDT/OLSON AV VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
7/31/2019 5:37 AM S SCHNAIDT/W LOS ANGELES
AV
VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
7/31/2019 6:13 AM S SCHNAIDT/W LOS ANGELES
AV
VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
7/31/2019 6:32 AM S SCHNAIDT/W LOS ANGELES
AV
VC 22350 No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
4/22/2020 11:40 AM WIEDMANN AV/S SCHNAIDT 22350 VC No person shall drive a vehicle upon a Highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the Highway, and in no event at a speed which endangers the safety of persons or property.
ACCIDENTS
DATE TIME LOCATION CODE VIOLATION
10/11/2018 5:58 PM S SCHNAIDT ST/W LERDO
HIGHWAY
CVC
21801(a)
(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a Highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
Observations of Citation and Accident Data
• The data covers a three-year span through April, 2020
2020 West Shafter Traffic Assessment
• The five most critical accidents within 24-month span. • The three most critical accidents within a 12-month span. • Reports filed suggest speeding is the predominant issue. • It is noted that as soon as vehicles traveling westbound pass the last stop at Valley Street, vehicles tend to accelerate to higher speeds even though the 25 MPH speed limit extends to South Schnaidt Street.
• The number of accidents at the intersection does not meet the threshold to warrant an “All Way Stop” intersection at West Lerdo Highway.
• The citations do show a history of speeding both on South Schnaidt Street and West Lerdo Highway.
Guidance
Per the MUTCD:
Section 3B.18 Crosswalk Markings
Support:
01 Crosswalk markings provide guidance for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops.
02 In conjunction with signs and other measures, crosswalk markings help to alert road users of a designated pedestrian crossing point across roadways at locations that are not controlled by traffic control signals or STOP or YIELD signs.
08 Crosswalk lines should not be used indiscriminately. An engineering study should be performed before a marked crosswalk is installed at a location away from a traffic control signal or an approach controlled by a STOP or YIELD sign. The engineering study should consider the number of lanes, the presence of a median, the distance from adjacent signalized intersections, the pedestrian volumes and delays, the annual average daily traffic (ADT), the posted or statutory speed limit or 85th-percentile speed, the geometry of the location, the possible consolidation of multiple crossing points, the availability of street lighting, and other appropriate factors.
Recommendations
Pedestrian safety at the West Lerdo Highway at South Schnaidt Street intersection should be significantly enhanced with a new crosswalk. The documented AADT at West Lerdo Highway west of South Schnaidt Street was 4,637 in 2014. That volume of traffic plus the considerable increase in pedestrian traffic choosing to cross the street for access to and from destinations, such as Veterans Park and Grimmway Academy, could justify the need for a crosswalk. The most effective method of having West Lerdo Highway motorists in both directions adhere to pedestrians is the installation of a new all-way stop at the South Schnaidt intersection. The actual crosswalk must be installed on the west side of the intersection because the east side of South Schnaidt Street, south of West Lerdo Highway, currently lacks continuous sidewalks and ADA-rated ramps. The east side of the South Schnaidt Street and West Lerdo Highway intersection also has minimal visibility of traffic conditions due to the proximity to mature trees at nearby residences.
2020 West Shafter Traffic Assessment
Further, the modified intersection must comply with the following the standard checklist to consider when deciding if a crosswalk is warranted:
• Vehicular approach speeds from both directions.
• Vehicular volume and density.
• Vehicular turning movements.
• Pedestrian volumes.
• Roadway width.
• Day and night visibility by both pedestrians and road users. • Channelization is desirable to clarify pedestrian routes for sighted or sight impaired pedestrians.
• Discouragement of pedestrian use of undesirable routes. • Consistency with markings at adjacent intersections or within the same intersection.
The new intersection layout should contribute to a designated safe route to Grimmway Academy and Veterans Park.
Another safety consideration for a new all-way stop is the installation of raised curbs. The approaching West Lerdo Highway motorist speeds will realistically exceed 40 mph at times. The curbs could improve visibility of the pending stop plus provide pedestrians crossing West Lerdo Highway a spot to stop if they are unable to complete the crossing without having to yield to oncoming motorists.
Between West Lerdo Highway and West Los Angeles Avenue, the following combination of stop signs crosswalks along the west side of South Schnaidt Street exist at three lateral street intersections are recommended:
STREET STOP SIGN CROSSWALK
Wiedman Avenue. YES NO
Johnston Avenue. NO NO
Rodeo Avenue YES YES
Adding stop signs and crosswalks each intersection would complement a crosswalk at the West Lerdo Highway intersection plus further enhance pedestrian access to the Grimmway Academy and Veterans Park.
2020 West Shafter Traffic Assessment
EXHBIIT “A”
VICINITY MAP
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: September 1, 2026
DEPARTMENT: Michael James, Assistant City Manager, Alex Gonzalez, Public Works Director
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
AGREEMENT FOR RODRIGUEZ PARK IMPROVEMENTS
RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; approve the Community Development Block Grant funding agreement with the County of Kern for the Rodriguez Park Multi-Purpose Field and Retention Basin Improvements Project, subject to approval as to form by the City Attorney; authorize the establishment of a Capital Improvement Program project for the Rodriguez Park Multi-Purpose Field and Retention Basin Improvements Project; authorize the City Manager to execute the funding agreement; and authorize the City Manager to execute subsequent submittals required to implement the funding agreement.
BACKGROUND
The City of Shafter participates in the Community Development Block Grant (CDBG) Program through a cooperative agreement with the County of Kern.
On March 3, 2026, the City Council adopted Resolution No. 3065, authorizing the reallocation of additional CDBG funds to supplement funding previously allocated to improvements at Rodriguez Park.
The project includes multi-purpose field lighting, expansion of the existing stormwater retention basin, installation of underground stormwater collection and conveyance infrastructure serving the park and surrounding roadways, ADA accessibility improvements, and related park facility improvements.
The County of Kern has prepared a funding agreement to provide $998,343.88 in CDBG funding for the project and establish the respective responsibilities of the County and the City for project implementation and grant administration. Approval of the agreement will allow the City to receive the grant funding and proceed with project design and implementation.
FISCAL IMPACT
Approval of the proposed funding agreement will authorize the City to receive $998,343.88 in CDBG funding for the Rodriguez Park Multi-Purpose Field and
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT FOR RODRIGUEZ PARK
IMPROVEMENTS
- 2 -
Retention Basin Improvements Project. Staff is also requesting authorization to establish a Capital Improvement Program project to account for the grant funding and associated project expenditures. No local matching funds are anticipated at this time.
Under the terms of the funding agreement, the City is responsible for project costs that exceed the available grant funding. Staff will return to the City Council for authorization to advertise the project for construction bids. At that time, the City will have updated design information and a better basis for evaluating anticipated project costs and any potential need for additional funding.
CEQA ANALYSIS
The County of Kern previously completed an environmental review of the project, including the proposed expansion of the existing stormwater retention basin and installation of new underground stormwater infrastructure. The County’s environmental review included an Environmental Assessment under the National Environmental Policy Act (NEPA), which resulted in a Finding of No Significant Impact. The County also determined that the project was exempt from the California Environmental Quality Act (CEQA) on September 8, 2025.
The environmental review identified measures to be incorporated into project implementation, including pre-construction biological surveys, limitations on construction hours, and preparation of a mosquito vector-control plan for the expanded retention basin. The City will incorporate applicable measures identified through the prior environmental review into project implementation.
Prior to construction, City staff will review the final project design and scope, confirm whether they remain consistent with the project evaluated by the County, and complete any additional CEQA review determined necessary. If the project has been modified in a manner that could result in new or substantially more severe environmental effects, staff will undertake additional CEQA review, as appropriate, before proceeding with construction.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Funding Agreement Submitted by the County of Kern
AGREEMENT
COMMUNITY DEVELOPMENT ACTIVITY CITY OF SHAFTER – RODRIGUEZ PARK
MULTI-PURPOSE FIELD AND RETENTION BASIN IMPROVEMENTS PROJECT CD#18.22.2 & CD#18.24.1
(County – City of Shafter)
THIS AGREEMENT (“Agreement”) is made and entered into as of ______________________, ("Execution Date") by and between the COUNTY OF KERN, a political subdivision of the State of California ("COUNTY"), and CITY OF SHAFTER within the County of Kern ("CITY").
RECITALS:
(a) The Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), ("Act"), which provides for Community Development Block Grants for eligible activities; (b) COUNTY has submitted the required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant, Catalogue of Federal Domestic Assistance ("CFDA") Number 14.218, ("Grant") pursuant to the Act;
(c) COUNTY and CITY entered into a Community Development Block Grant Cooperative Agreements on July 14, 2020, and on July 18, 2023, wherein the parties thereto agreed to undertake activities eligible for Grant assistance within the corporate limits of CITY; (d) COUNTY is empowered under the Act to administer Grant funds pursuant to the Act, and to enter into project/activity agreements with cities which have executed Community Development Block Grant Cooperative Agreements with COUNTY for Community Development projects/activities;
(e) CITY has requested the use of Grant funds for the design, construction, and installation of multi-purpose recreation field lighting, installation an ADA accessibility ramp including the expansion of an existing retention basin and installation of new underground pipelines used for storm water collection and conveyance, related park and facility improvements; and
(f) COUNTY desires to assist CITY by providing Grant funds for the design, construction, and installation of the related park and facility improvements within the Cityowned Rodriguez Park.
AGREEMENT:
1. Definitions
a. Except to the extent modified or supplemented by the Grant Agreements between COUNTY and HUD dated October 11, 2022, and September 6, 2024, ("HUD Grants to
COUNTY") any term defined in Title I of the Act, or the HUD Community Development Block Grant regulations at 24 CFR Part 570 shall have the same meaning when used herein. b. "Program" means COUNTY's Community Development Program, including the administration thereof, with respect to the terms of the HUD Grant to COUNTY. c. "Project" means the design and construction of Park and Facility related improvements for Rodriguez Park, all as more fully described in Schedule "A", attached hereto and incorporated herein by this reference as if set forth in full. d. "Activity" means the design, construction, and installation of multi-purpose recreation field lighting, plus expansion of an existing retention basin and installation of new underground pipelines used for storm water collection and conveyance, related park and facility improvements and installation an ADA accessibility ramp, all as more fully described in Schedule "A", attached hereto.
e. "Program Income" shall have, with respect to the Project/Activity undertaken pursuant to this Agreement, the same meaning as the definition found in the HUD Community Development Block Grant regulations at 24 CFR part 570.500(a)(1), as amended, at 24 CFR part 570.504, and as defined in HUD Training Bulletin CPD-90-1, dated April 1990, entitled “Program Income”.
f. "Change in Use Restriction Period" means that period which starts upon filing of the Notice of Completion, in the case of construction work, or upon the close of escrow if Grant funding is solely for the acquisition of property, and ends five (5) years after HUD ceases to consider the CITY to be part of the COUNTY's entitlement jurisdiction.
CITY may cease to be part of COUNTY's entitlement jurisdiction by:
Expiration of, or CITY's failure to renew, the CITY/COUNTY Cooperative Agreement dated July 14, 2020 and ____________; or HUD's order to cancel the CITY/COUNTY Cooperative Agreement dated July 14, 2020 and _____________; or
COUNTY ceasing to be a Grant entitlement jurisdiction; or The federal government's termination of the Grant program. g. "Expiration of Agreement" means the date of expiration of the Change in Use Restriction Period or the date of resolution of all monitoring findings as determined solely by COUNTY, whichever occurs last.
h. "Subgrantee" and "Subrecipient" as these terms are used in any of the attached exhibits, means CITY.
i. Whenever duties or obligations are performed jointly by CITY and COUNTY, CITY and COUNTY will be referred to as "PARTIES".
2. Maximum Amount Payable Under Agreement and Mode of Payment a. COUNTY shall reimburse CITY, or its designee(s), through progress payments for Project/Activity costs incurred pursuant to this Agreement upon CITY making satisfactory progress, as determined solely by COUNTY, towards the completion of the Project/Activity detailed in the attached Schedule "A"; provided, however, that the total amount made available by COUNTY through this Agreement and payable to CITY, or its designee(s), shall not exceed NINE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND EIGHTY-EIGHT CENTS ($998,343.88). Unless PARTIES otherwise expressly agree in writing, CITY agrees to accept sole financial responsibility for all costs related to this Project/Activity in excess of the NINE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND EIGHTY-EIGHT CENTS ($998,343.88) made available by COUNTY pursuant to this Agreement.
b. COUNTY’s duty to pay CITY is expressly contingent on COUNTY’s receipt and continued use of Grant funds from the federal government allocated for this Project/Activity. In the event such funds are not received by COUNTY, or are reallocated by HUD after receipt and prior to completion of the Grant funded Project/Activity, this Agreement shall be immediately terminated or suspended as of the date the Grant funds are or become unavailable, and COUNTY shall have no further obligation to CITY under this Agreement until such time, if ever, that Grant funds are approved by HUD and allocated for the Project/Activity which is the subject of this Agreement. CITY agrees to indemnify and hold COUNTY harmless pursuant to the indemnification provisions of this Agreement from any costs, liabilities, losses, damages or expenses incurred as a result of termination of the Agreement due to unavailability of the Grant funds for this Project/Activity.
c. Payments shall be made to CITY, or its designee(s), upon CITY’s submittal to COUNTY of a monthly-certified claim executed by a properly designated official of CITY indicating the percentage of the Project/Activity that has been completed. Said certified claims shall be itemized and properly documented to clearly show the items, tasks or services for which reimbursement is being claimed and the basis for cost computation whether by cost per hour, cost per weight, cost per task or other measurement as agreed by and between PARTIES, as more fully described in the attached Schedule "A". d. After receipt and approval by COUNTY of a monthly-certified claim for construction, COUNTY shall make a payment to CITY, or its designee(s), in the amount of ninety-five percent (95%) of COUNTY's pro rata portion of the project construction costs. The balance of the cumulative five percent (5%) retention from each claim shall be paid to CITY thirty-five (35) days after CITY files a Notice of Completion and after COUNTY has verified CITY's satisfactory compliance with Paragraphs 5 and 6 of this Agreement. The foregoing five percent (5%) retention is subject to the project construction contractor's right to substitute securities as explained in the document entitled "Withheld Contract Funds Certification", attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in full.
The party entering into the construction contract with the prime contractor shall ensure compliance with the requirements set forth in the attached Exhibit "A". CITY agrees that COUNTY is hereby empowered to make an independent determination of the percentage of the Project/Activity, which has been satisfactorily completed, and any such determination by COUNTY is conclusive. There will be no retention on monthly claims for architectural or design services.
3. CITY's Obligations
In addition to CITY’s obligations as set forth in other sections of this Agreement, CITY agrees to perform the following specific duties:
a. CITY shall be responsible for implementation of this Project/Activity.
Implementation shall include preparation of specification documents and plans if necessary; solicitation and hiring of contractors; construction engineering and inspection; contract administration; and HUD compliance monitoring services. CITY will provide COUNTY with all plans and specifications, including changes requested during construction, for COUNTY review and approval prior to their use.
b. CITY agrees that COUNTY may terminate, suspend and/or reduce the amount of Grant funding provided for in this Agreement if all work performed by CITY is not completed satisfactorily and within the budgetary limits and time schedule milestones provided for in this Agreement. The length of any suspension or the amount of the reduction of Grant funding shall be at COUNTY’s sole option and will be principally based on compliance with Project/Activity specifications and plans, and on timely initiation of CITY’s design and/or construction obligations under this Agreement. COUNTY agrees that delays in completion of the work subject to this Agreement may result for reasons outside the control of CITY, and agrees that COUNTY will extend the time for completion of the work for unavoidable delays for a reasonable period, as determined solely by COUNTY. However COUNTY shall not be obligated to pay or to otherwise reimburse CITY for work performed subject to this Agreement if Grant funding for the Project/Activity is revoked or suspended by HUD due in part or whole to the delay in the completion of the work contemplated by this Agreement. c. CITY shall be responsible for complying with all applicable local, state, and federal regulations, including, but not limited to, the monitoring of construction for compliance with the federal labor standards contract requirements set forth in the "Preconstruction Checklist for Contractors" attached hereto as Exhibit "B" and incorporated herein by this reference as if set forth in full. If CITY hires a consultant to provide compliance monitoring required to ensure to the satisfaction of HUD and COUNTY, that all applicable regulations are met during the implementation of this Project/Activity, CITY shall monitor the consultant’s compliance efforts and shall remain responsible to COUNTY for providing compliance monitoring records in a form acceptable to COUNTY. CITY agrees to become familiar with the applicable statutes, regulations and guidelines governing the Grant program. All applicable statutes, regulations, guidelines, codes, rules and executive orders referred to in this Agreement are as from time to time amended.
d. CITY or any contractors hired by CITY to perform work on the Project/Activity shall obtain any and all permits necessary to implement this Project/Activity from appropriate state, COUNTY and/or CITY agencies.
e. CITY (in collaboration with COUNTY) shall conduct a pre-bid and a preconstruction conference for the purposes stated within the document, "Material Covered at Preconstruction Conference" (Exhibit "C"), attached hereto and incorporated herein by this reference as if set forth in full.
f. CITY shall accept title to and be responsible for the maintenance and/or operation of the Shafter Rodriguez Park Multi-Purpose Field and Retention Basin Improvements, according to the terms of this Agreement and all applicable local, federal and state laws and regulations.
g. CITY shall be responsible for the control and safety of CITY officers, employees, agents, and invitees during the implementation of this Project/Activity. CITY shall take all actions necessary to ensure the safety of its employees and invitees during the implementation of the project and during the subsequent maintenance and/or operation of the Shafter Rodriguez Park Multi-Purpose Field and Retention Basin Improvements funded pursuant to this Agreement.
h. CITY shall cooperate fully with COUNTY in undertaking, monitoring and completing this Project/Activity.
i. CITY shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Project/Activity to be completed under this Agreement. j. Subsequent to bid opening, if the Director of COUNTY Planning and Natural Resources Department determines that funds budgeted herein are insufficient to satisfactorily accomplish or complete the work referenced in this Agreement, CITY will have thirty (30) calendar days from the date of such determination to obtain additional funding beyond COUNTY's maximum financial obligation or satisfactorily reduce the scope of the work, as provided for herein. If CITY does not obtain the necessary additional funding, or a reduction of scope is not successful in satisfactorily lowering overall Project/Activity costs, PARTIES hereby agree to mutually terminate this Agreement according to the requirements and standards of 2 CFR part 200.339, "Termination". In the event of termination, the work contemplated herein shall be abandoned and COUNTY shall incur no liability whatsoever to CITY for expenses incurred after a determination of noncompliant work under this Agreement or for costs related to any subsequent completion of the work contemplated by this Agreement. k. CITY shall, as part of its contract administration responsibility, publish in a newspaper of general circulation, in trade journal publications and in minority-oriented publications, a notice soliciting small, and (as applicable) Section 3 business participation in this Grant funded Project/Activity. Prior to submitting a notice to a newspaper for publication, CITY shall obtain approval from COUNTY concerning the content of these required newspaper notices.
l. CITY shall be responsible, during the Change in Use Restriction Period, for the continued use (for the purpose described herein) of the City of Shafter Rodriguez Park MultiPurpose Field and Retention Basin Improvements funded pursuant to this Agreement and shall comply with federal property management regulations and standards in accordance with 24 CFR part 570.505 "Use of real property" (applicable to expenditure of Grant funds in excess of TWENTY FIVE THOUSAND DOLLARS [$25,000.00]); 24 CFR part 570.501, "Responsibility for grant administration"; and with 24 CFR part 570.503(b)(7), "Reversion of assets". m. In the event that CITY cannot or fails to utilize the subject improvements for the purpose described herein throughout the Change in Use Restriction Period, CITY shall
immediately notify COUNTY regarding CITY's proposed new use of the subject improvements.
COUNTY shall review the Grant eligibility and national objective compliance of the proposed new use of the subject improvements prior to CITY and COUNTY performing any of the following steps listed in this section. COUNTY will communicate in writing to CITY its determination in this matter. After COUNTY has made its determination, and if directed by COUNTY, CITY shall conduct a public hearing to provide affected citizens an opportunity to comment on CITY's proposed new use of the subject improvements. After these steps have been completed, COUNTY, at its option, may require that CITY comply with one of the following:
(1) Reimburse COUNTY in an amount equal to the Grant funds expended for this Project/Activity or its "proportionate share" of the current "Fair Market Value" (as defined by the California Code of Civil Procedure, Part 3, Title 7, Chapter 9, Article 4, Section 1263. 320) of all real property and/or improvements for which Grant assistance was provided pursuant to this Agreement, whichever is more. "Proportionate share" is that amount equivalent to COUNTY's percentage contribution toward the total acquisition, design, construction or other cost(s) of the Project/Activity, as described in Schedule "A" of this Agreement, or
(2) Offer the improvements for which Grant funds were expended pursuant to this Agreement for sale at "Fair Market Value" and, subsequent to sale, reimburse COUNTY for its "proportionate share" of the sales price.
PARTIES shall first use good faith efforts in an attempt to agree on the "Fair Market Value". If, however, PARTIES are unable to agree, they shall, within thirty (30) days from and after written request given by either party to the other, select an arbitrator mutually acceptable to both PARTIES. The arbitrator shall render an advisory decision as to the "Fair Market Value" of the real property and/or improvements referenced in this Agreement. The arbitrator’s decision in this matter shall be nonbinding and advisory only; provided, however, that PARTIES shall, in good faith, give serious consideration to the arbitrator’s decision.
If PARTIES are unable to agree with a single arbitrator within the above-referenced thirty (30) days, then each shall, within twenty (20) additional working days, appoint one (1) arbitrator and the two (2) arbitrators shall select a third arbitrator within ten (10) additional working days after both are selected. Any decision as to the "Fair Market Value" determined and jointly agreed upon by any two (2) of the three (3) arbitrators shall be nonbinding and advisory only; provided, however, that PARTIES shall each give good faith and serious consideration to the arbitrators’ decision.
All arbitrators shall be real estate appraisers who have at least ten (10) years experience in appraising real estate in the State of California and must be either a member of the American Institute of Real Estate Appraisers, holding an M.A.I. (Member of Appraisal Institute) designation, or a member of the Society of Real Estate Appraisers, holding an S.R.P.A. (Senior Real Property Appraiser), or an S.R.E.A. (Society of Real Estate Analysts) designation.
PARTIES shall each pay half of the fees and necessary expenses for the arbitrators.
In no event shall the amount reimbursed to COUNTY be less than COUNTY's total contribution toward the Project/Activity. The Change in Use Restriction, as stated herein, shall be in effect for that period defined in Paragraph 1.f. of this Agreement.
4. COUNTY's Obligations
a. Any regulation enacted by COUNTY to facilitate the administration of the Grant will be made available to CITY by County’s Board of Supervisors or its designee. b. COUNTY shall make available to CITY, at its written request, copies of the terms of the Grant.
c. COUNTY shall cooperate fully with CITY in undertaking this Project/Activity and process CITY invoices for payment under this Agreement with due diligence. d. COUNTY shall make available to CITY a copy of the notice which CITY may use in soliciting small and Section 3 business participation in the Grant funded work contemplated by this Agreement.
e. COUNTY shall review plans and specifications submitted by CITY and shall provide comments and approval or disapproval.
5. Laws and Regulations
a. CITY agrees to comply with the provisions of the Act, any amendments thereto, the federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to COUNTY now or hereafter in effect, and the regulations now or hereafter enacted by COUNTY to facilitate its administration of the Grant in Kern County, or any other statute, regulation or guideline applicable to the Program. CITY shall become familiar with the applicable statutes, regulations and guidelines governing the Grant program, each of which is made a part hereof and incorporated herein by this reference as if set forth in full. b. It is agreed that all provisions of State of California law applicable to public contracts (except to the extent California law may be waived and is waived by the PARTIES) are a part of this Agreement to the same extent as if set forth herein in full and shall be complied with by CITY under this Agreement and any related agreements.
6. Records and Administration
a. In the event CITY expends at least ONE MILLION DOLLARS ($1,000,000) in federal financial assistance in any single fiscal year, from all sources combined, it shall arrange at its own expense for performance of a "Single Audit" of its entire operation by an independent auditor. Such audit shall comply with the requirements and standards of 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", including appendices; Pub. L. 98-502, "Single Audit Act of 1984", as amended; 2 CFR part 200.425, "Audit Services"; and the OMB Uniform Guidance at 2 CFR part 200, subpart E and appendices V and VII, as applicable ; all of which are incorporated herein by this reference as if set forth in full.
The results of the audit must be submitted to COUNTY within thirty (30) days of completion. Acceptance of CITY's audit reports by COUNTY does not prohibit COUNTY from performing any additional audit work required to follow up on findings, as deemed necessary
by COUNTY, or as necessary for COUNTY to comply with any administrative or audit requirements imposed by the federal or state government. b. As a condition of receiving federal financial assistance under this Agreement, CITY agrees to comply with 2 CFR part 200.337, "Access to Records”. It is further agreed by CITY that any agreement between CITY and its independent auditor shall provide for access during normal business hours to the independent auditor's work papers by federal, state and COUNTY auditors, or their authorized agents, as may be deemed necessary to carry out their audit responsibilities. The audit agreement must also require CITY's independent auditor to retain for review purposes said audit work papers for a minimum of five (5) years from date of audit completion or until all related audit issues are resolved, whichever should occur later. c. CITY agrees to maintain a financial management system which complies with 2 CFR part 200.302, "Financial Management", except paragraph (a). Particular reports and records that may be applicable to this Project/Activity and require compliance by CITY are described in and attached hereto as Exhibit "D", and are incorporated herein by this reference as if set forth in full.
d. CITY agrees to comply with the methods and procedures for payment as outlined in 2 CFR part 200.305, "Federal Payment", except as modified by 24 CFR part 570.513, "Lump sum drawdown for financing of property rehabilitation activities". e. CITY agrees to comply with the standards and requirements of 2 CFR part 200.314, "Supplies", and 2 CFR part 200.313, "Equipment", with the exception that in all cases in which the equipment is sold, the proceeds shall be considered to be Program Income and be immediately refundable to COUNTY.
f. CITY agrees to comply with the requirements and standards of 24 CFR part 200.318 through 200.323, "General Procurement Standards", and 2 CFR part 200.420, "Consideration for Selected Items of Cost".
g. CITY agrees to comply with the standards and requirements of 2 CFR part 200.214, "Suspension and Debarment", and to certify and/or require certification using the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Low Tiered Covered Transactions (attached hereto as Exhibit “E” and incorporated herein by this reference as if set forth in full) for all low tier agency, and/or contractors receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using Federal funds. Additionally, CITY agrees to comply with 2 CFR part 200.329, "Monitoring and Reporting Program Performance", except paragraphs (b) through (d) and paragraph (f) thereof.
CITY further agrees that COUNTY has the right to monitor and supervise the administration and/or implementation of the Project/Activity to be completed pursuant to this Agreement to help ensure compliance with the requirements of the Act as now or hereinafter amended, the federal regulations as now or hereafter promulgated pursuant to the Act, or guidelines developed by the federal government for administering and/or implementing the Project/Activity, or any other statute, rule, regulation or guideline applicable to the administration and/or implementation of the Grant program. h. CITY agrees to comply with the standards and requirements of 2 CFR part 200.339, "Remedies for noncompliance" and 2 CFR part 200.340, “Termination”. CITY also
agrees that COUNTY can, by unilateral action, terminate this Agreement, with cause, by giving ten (10) days prior written notice to CITY. In the event COUNTY determines that an intentionally false or fraudulent certified claim has or is being filed, COUNTY, in its sole discretion, may immediately terminate this Agreement and/or CITY shall reimburse COUNTY for any and all funds found to be improperly paid, as well as those reasonable costs associated with the investigation and recovery of the contested claims and/or amounts. i. CITY shall be accountable to COUNTY for any and all Grant funds expended by CITY or any officer, employee, agent or representative thereof, whether or not such officer, employee, agent or representative thereof was acting within the scope of his employment.
CITY shall repay COUNTY the full amount of any improperly expended Grant funds upon demand and shall comply with the requirements of 2 CFR part 200.344, "Closeout". COUNTY may retain any funds of CITY in COUNTY's possession as an offset against the debt resulting from such improper expenditure.
j. CITY agrees to comply with the standards and requirements of 2 CFR part 200.345, "Post-Closeout Adjustments and Continuing Responsibilities," and 2 CFR part 200.346, "Collection of Amounts Due".
k. CITY shall return to COUNTY, within thirty (30) days at the end of the program year in June, all Program Income which is directly generated by Grant funded activities during the Change in Use Restriction Period.
l. At COUNTY’s sole option, COUNTY may either terminate this Agreement upon three (3) days written notice to CITY or withhold funds from the Project/Activity if CITY is not complying with provisions of the Act, federal regulations thereunder, terms of the Grant from the federal government to COUNTY, the regulations of COUNTY to facilitate the administration of the Grant, the terms of this Agreement, or any other statute or regulation applicable to the Program or administration thereof as determined solely by COUNTY. Should COUNTY become subject to any claims, causes of action, costs or sanctions due to any failure by CITY or CITY's agent to comply with all applicable federal, state, and local laws and regulations, CITY hereby agrees to be solely liable for any such expenses, costs, damages and sanctions and shall fully reimburse, hold harmless, and indemnify COUNTY for any payments made or funding lost by COUNTY and COUNTY's expenses related thereto, including COUNTY's costs.
7. Use Restriction Monitoring
Beginning approximately one year after the date of the filing of the Notice of Completion and resolution of all monitoring findings, CITY shall provide COUNTY a Monitoring Letter regarding the physical condition and usage of the improvements constructed with Grant funds pursuant to this Agreement for the purpose of determining compliance with the change in use restriction during the period defined in Paragraph 1.f. herein. The purpose of the Monitoring Letter is to ensure that the Grant funded improvements continue to be properly maintained and utilized for their original eligible use or for another Grant use approved by COUNTY in accordance with applicable regulations found at 24 CFR part 570.201.
The Monitoring Letter shall consist of a written description of the physical condition of the improvements; any maintenance performed on the improvements during the past twelve (12) months; and any proposed changes in the future use of the improvements. Said
Monitoring Letter shall be signed by the City Manager/Administrator or his/her designee. CITY shall submit the Monitoring Letter to COUNTY by no later than June 30 of each year. COUNTY may elect to conduct a visual inspection of the improvements and shall notify CITY at least two (2) weeks in advance of each monitoring visit.
A determination regarding continued compliance and/or any related findings, conditions or sanctions shall be made and communicated in writing to CITY by COUNTY following review of the annual monitoring letter or each monitoring visit.
8. Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts, or otherwise engage the services of, or fund any contract or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 2 CFR part 180.
9. Political Activity
CITY agrees that no Grant funds shall be expended to finance any political activity in contravention of the Hatch Act of 1939, as amended, 5 U.S.C. 15 et seq.
10. Prohibited Use of Federal Funds for Lobbying
CITY certifies, to the best of its knowledge and belief, that no federally appropriated funds have been paid or will be paid, by or on behalf of CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds, other than federally appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, CITY shall complete and submit, in accordance with its instructions, Standard Form-LLL, "Disclosure of Lobbying Activities", attached hereto as Exhibit "F" and incorporated herein as if set forth in full.
CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under any federal grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
11. Use of Grant Funds for Religious Purpose
CITY agrees that no Grant funds shall be expended for the design, construction, operation, or maintenance of any facility used for inherently religious activities.
No person performing any service or providing any goods designated under this Contract shall participate in any political or religious activity on County time or in any manner involving the use of County property or expenditure of public funds nor conveying the implication of County endorsement or support for a candidate for local, state, or federal office.
Notwithstanding the foregoing, nothing in this Contract shall be construed to unlawfully limit an individual’s Constitutional rights. Accordingly, the limitations contained in this section are for the sole purpose of preventing proselytizing and politicking while engaged in the performance of services under this Contract.
12. Prohibited Interest of Officials and Employees
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer or employee of CITY, or its designees or agents, no member of the Board of Supervisors of COUNTY or any other public official who exercises any functions or responsibilities with respect to the Program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. CITY shall incorporate or cause to be incorporated, in all contracts or subcontracts, relating in any manner to this Agreement, a provision prohibiting such interest.
The PARTIES to this Agreement have read and are aware of the provisions of section 1090 et seq. and section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. All PARTIES hereto agree that they are unaware of any financial or economic interest of any public officer or employee of COUNTY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, COUNTY may immediately terminate this Agreement by giving written notice thereof. CITY shall comply with the requirements of Government Code, section 87100 et seq., during the term of this Agreement.
13. Federal Labor Standards and State Labor Code Provisions Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, CITY and all contractors engaged under contracts for the construction, alteration, and/or repair of any building or work financed in whole or in part with federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the U. S. Department of Labor under 29 CFR parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve CITY of its obligation to require payment of higher rates. Further, if the requirements of HUD and of the State of California are different in regards to matters including, but not limited to, hours of labor, payroll records, apprentices, workers’ compensation, and suits to recover penalties and forfeitures, CITY shall comply with the more restrictive provision.
CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the "Federal Labor Standards Provisions" clause, or any modification thereof, set out in Exhibit "G" attached hereto and incorporated herein by this reference as if set out in
full. CITY shall comply with the procedures set out in HUD Handbook 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs", as amended, which is incorporated herein by this reference as if set forth in full.
CITY shall also cause or require to be inserted in full, in all contracts subject to State Labor Code regulations, the "State of California Labor Code Requirements" clause, or any modification thereof, set out in Exhibit "H" attached hereto and incorporated herein by this reference as if set out in full.
No awards of contracts covered under this section of this Agreement shall be made to any contractor who is ineligible under the provisions of any applicable regulations of the U. S.
Department of Labor and/or the State of California Department of Industrial Relations – Division of Labor Standards Enforcement to receive an award of such contract.
14. Nondiscrimination Requirements
CITY is subject to all applicable requirements of the following Acts, promulgations and regulations with respect thereto:
a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and the regulations issued pursuant thereto (24 CFR part 1), which provides that 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 for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. Where the federal financial assistance is to provide or is in the form of personal property or real property interest therein or structures thereon, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, via the instrument effecting any disposition by the applicant or transferee, in the case of a subsequent transfer, of such real property, structures or improvements thereon, or interests therein, to require a covenant running with the land assuring nondiscrimination for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the applicant retains ownership or possession of the property, whichever is longer. Under this assurance the United States shall have the right to seek its judicial enforcement. CITY is required to take all measures necessary to effectuate this Title in the manner set forth in Section 1.5 of the above-mentioned regulation, a copy of which is attached hereto as Exhibit "I" and incorporated herein by this reference as if set forth in full.
b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and requiring action to affirmatively further fair housing in the sale, lease or rental of housing, the financing of housing, and the provision of brokerage services within COUNTY's jurisdiction.
c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR part 570.602), which provide that no person in the United States shall on the grounds of race, color, national origin, religion, or sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11063, as amended, and the regulations issued pursuant thereto (24 CFR part 107) which require that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof where such property or facilities are owned or operated by the federal government, or provided with federal assistance by HUD, and in the lending practices with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by HUD.
15. Equal Employment Opportunity
During the implementation of this Project/Activity and during subsequent operation of any facility assisted pursuant to this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
CITY shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and the selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by COUNTY and/or HUD setting forth the provisions of this nondiscrimination clause. CITY shall state, through such nondiscrimination clause, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
Government contracts. Except as otherwise provided for of Executive Order 14173, dated January 21, 2025, as amended, and in attendant Code of Federal Regulation provisions, CITY shall require to be included in each U. S. Government contract entered into by CITY and set out in Exhibit "J", attached hereto and incorporated herein by this reference as if set forth in full.
CITY agrees that it shall assist and cooperate actively with COUNTY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish COUNTY, HUD and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist COUNTY and HUD in the discharge of their primary responsibilities for securing compliance.
CITY agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 14173 of January 21, 2025, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to the Executive Order. In addition, CITY agrees that if it fails or refuses to comply with these undertakings, HUD may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such; and refer the case to the Department of Justice for appropriate legal proceedings.
16. "Section 3" Compliance in the Provision of Training, Employment, and Business Opportunities for Lower-Income Persons
CITY is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR part 75, and any applicable rules and orders of HUD issued thereunder. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted Projects/Activities covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.
CITY shall cause or require to be inserted in full in all contracts and subcontracts for work financed, in whole or in part, with assistance provided under this Agreement, the Section 3 clause entitled, "Economic Opportunities for Low- and Very Low-Income Persons", and set forth in Exhibit "K", attached hereto and incorporated herein by this reference as if set forth in full.
CITY itself, during its implementation of this Project/Activity shall, to the greatest extent feasible, seek out and attempt to award contracts to Section 3 business concerns for the business opportunities generated on this federally funded Project/Activity.
CITY shall provide such copies of 24 CFR part 75 as may be necessary for the information of the parties to contracts required to contain the Section 3 clause.
17. Small Business Concerns
CITY is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, the HUD applicable regulations issued pursuant thereto at 48 CFR, part 19, and any applicable rules and orders of HUD issued thereunder requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small business concerns in order to preserve free competitive enterprise; and placement with small business concerns of a fair proportion of the total federally funded purchases and contracts for property and services.
CITY shall implement the specific small business policies herein below stated in order to further applicable requirements of the Small Business Act:
a. Small business concerns shall be afforded an equal opportunity to compete for prime contracts and subcontracts. The "Utilization of Small Business Concerns" clause (48 CFR part 52.219-8) set forth in Exhibit "L", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity in amounts which may exceed the simplified acquisition threshold, currently set at TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) except (i) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, and (ii) contracts for services which are personal in nature. The "Small Business
Subcontracting Plan" clause (48 CFR part 52.219-9) set forth in Exhibit "M", attached hereto and incorporated herein by this reference as if set forth in full, shall be included by CITY in all contracts in connection with this Project/Activity which may exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) and which, in the opinion of COUNTY, offer substantial subcontracting possibilities.
b. Bidders’ mailing lists shall include established and potential qualified small business concerns.
c. Invitations for bids or requests for proposals shall be sent to all firms on the appropriate mailing list except that where use of less than a complete list is appropriate a pro rata number of small business concerns shall be solicited. d. Proposed procurements and contract awards shall be publicized in accordance with these policies.
e. Procurement of property and services shall be divided into reasonably small lots (not less than economic production runs) in order to permit bidding on quantities less than the total requirements.
f. The maximum amount of time practical shall be allowed for preparation and submission of bids and proposals.
g. Delivery schedules shall be established on a realistic basis which will encourage small business participation to the extent consistent with the actual requirements of the Small Business Act.
h. Applicable specifications, plans, and drawings either shall be furnished with invitations for bids and requests for proposals or, when not so furnished, information as to locations where they may be obtained or examined shall be furnished. i. In the event of equal low bids, awards shall be in accordance with 48 CFR part
14.408-6, "Equal Low Bids".
j. Subcontracting to enroll small business concerns shall be encouraged. k. Placement of small purchases (amounts under TWENTY FIVE THOUSAND DOLLARS [$25,000]) with small business concerns shall be encouraged. l. Small business concerns seeking Federal contracts, but found to lack qualifications as prime contractors, should be referred to COUNTY and the Small Business Administration for assistance as may be appropriate.
m. Offers from small business concerns otherwise qualified to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Act, 41 USC 35 et seq., shall be referred to COUNTY and Small Business Administration for possible certification of eligibility to receive and perform the contract.
n. To the extent practicable, work to be performed which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss shall be placed so that more than one small business concern may perform the work. o. A small business concern otherwise qualified to receive and perform specific federal contracts but determined to be non-responsible may be certified to be competent by the Small Business Administration under the provisions of the Small Business Act.
To facilitate the participation of small businesses in CDBG funded contracts, PLNR has developed a Small Business Affirmative Action Plan designed to carry out the procurement standards found at 2 CFR 200.321. A copy of the Plan is available upon request from COUNTY Planning and Natural Resources Department.
CITY agrees that the "Small Business Participation Requirements" clause set forth in Exhibit "N", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity for goods, services, and construction involving CDBG funding of more than the simplified acquisition threshold fixed at 41 U.S.C. 403 (11) (currently set at $250,000).
CITY further agrees that the "Small Business Subcontracting Program" clause set forth in Exhibit "O", attached hereto and incorporated herein by this reference as if set forth in full, shall be included in all contracts in connection with this Project/Activity which may exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) and should be included in all contracts which may not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) but which, in the opinion of COUNTY and HUD, offer substantial subcontracting possibilities.
18. Nondiscrimination on the Basis of Age
CITY is subject to the Age Discrimination Act of 1975, as amended, (Title III, Pub. L. 94- 135) and attendant regulations at 24 CFR part 146, which prohibits, except as otherwise provided, that any person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. CITY is also subject to the Age Discrimination in Employment Act of 1967 addressing age discrimination in employment for persons between the ages of forty (40) and seventy (70) years.
19. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 COUNTY and CITY will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required under 24 CFR part 570.606(b) and Department of Transportation implementing regulations at 49 CFR part 24; the requirements in 24 CFR part 570.606(c) governing the residential antidisplacement and relocation assistance plan under Section 104(d) of the Housing and Community Development Act of 1974 (Act) and displacement under Section 104(k) of the Act, and HUD implementing regulations at 24 CFR Part 42; and COUNTY may, at COUNTY’s option, comply with the relocation requirements of 24 CFR part 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act.
20. Rehabilitation Act of 1973 and Nondiscrimination Based on Handicap CITY is subject to the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended (29 USC 793 and 29 USC 794, respectively) and attendant regulation at 24 CFR 570.602, which provide that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity receiving federal financial assistance. CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clauses, or any modifications thereof, set out in 48 CFR part 52.222-36, attached hereto as Exhibit "P" and incorporated herein by this reference as if set forth in full.
21. Americans with Disabilities Act of 1990
Grant subgrantees and subrecipients agree to abide by the requirements of the Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, and any regulations issued pursuant thereto, which prohibits, at Title I thereof, discrimination by any employer, employment agency, or labor organization against any qualified individual with a disability in regard to any term, condition, or privilege of employment; makes applicable, at Title II thereof, the prohibition against discrimination on the basis of disability to all programs, activities and services provided or made available by state and local agencies or instrumentalities or agencies thereof, or by public entities that provide public transportation; prohibits, at Title III thereof, discrimination against disabled persons by privately operated public accommodations and in public transportation services provided by private entities; and which, at Titles IV and V thereof, makes further provisions against discrimination against disabled persons.
22. Architectural Barriers Act of 1968
CITY is subject to the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 - 4157 (Uniform Federal Accessibility Standards (UFAS)), and the regulations issued pursuant thereto (41 CFR part 102-76.25(b)), which require, except as otherwise provided, that all new construction and major renovations, provide full access to and use of Federallycontrolled facilities for physically impaired persons as required by the UFAS or the ADA Accessibility Guidelines, whichever is more stringent. Minor renovations in existing buildings shall meet minimum UFAS requirements. A more detailed explanation of these standards can be found in 36 CFR parts 1190 and 1191. CITY shall be responsible for compliance with the requirements of the Act during the design and construction and for the life of any improvements to be constructed as part of the Project/Activity, as defined herein. COUNTY shall have the right, at all reasonable times, to review construction plans and conduct inspections of the Project/Activity to determine if CITY is complying with these specifications.
23. Equal Opportunity for Veterans
CITY shall comply with 48 CFR part 22.13 et seq., and shall take affirmative action to employ, advance in employment and otherwise treat qualified protected veterans without discrimination based on their qualified protected status. In all contracts or subcontracts of FIFTY THOUSAND DOLLARS ($50,000) or more relating to this Agreement, CITY shall include or cause to be included the "Equal Opportunity for Veterans" and the "Employment Reports on
Veterans" clauses set out in Exhibit "Q", attached hereto and incorporated herein by this reference as if set forth in full.
24. Environmental Considerations
In order to assure that the policies of the National Environmental Policy Act of 1969 ("NEPA"), as amended, and the California Environmental Quality Act of 1970 ("CEQA"), as amended, are most effectively implemented, COUNTY shall comply with HUD Environmental Review Procedures (24 CFR part 58) leading to environmental clearance for particular projects/activities, and the CEQA review procedures (Title 14, Section 15000 et seq. of the California Code of Regulations) in connection with this Project/Activity. In order to assure that the policies of NEPA and CEQA are carried out, CITY shall be responsible for complying with all conditions/mitigation measures specified during the environmental review process, all as more fully described in Schedule "A" attached hereto.
25. Lead Based Paint
CITY is subject to the prohibition against the use of lead-based paint. Section 401(b) of the Lead-Based Paint Poisoning Prevention Act directs the prohibition of the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance. Such prohibitions are contained in 24 CFR part 35.135, and are applicable to residential structures constructed or rehabilitated with the assistance of Grant funds.
26. Historic Preservation
CITY must take into account the effects of a project on any prehistoric or historic district, site, building, structure, or object listed in, or eligible for inclusion in, the National Register of Historic Places maintained by the National Park Service of the U. S. Department of the Interior.
The National Register "Criteria for Evaluation" (36 CFR part 60.4) was established by the Secretary of the Interior, CITY shall make every effort to avoid, minimize, or mitigate any adverse effects on historic properties. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 USC 470f), Pub. L. 89-665; Executive Order 11593, Protection and Enhancement of the Cultural Environment (May 13, 1971); the Advisory Council on Historic Preservation (26 CFR part 800); and Section 3 of the Reservoir Salvage Act of 1960, (Pub. L. 86-523), as amended by the Archaeological and Historic Preservation Act of 1974, (Pub. L. 93-291), (16 USC 469a-1), and their attendant implementing regulations.
27. Compliance with Clean Air and Water Acts
CITY is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., including the regulations of the Environmental Protection Agency at 40 CFR parts 6, 51, and 93; the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1251 et seq., and later enactments; and Executive Order 11738 dated September 10, 1973. CITY, also, agrees to comply with Executive Order 12088, relating to the prevention, control, and abatement of water pollution.
In no event shall any amount of assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.
28. Flood Disaster Protection
CITY is subject to the requirements of the Flood Disaster Protection Act of 1973 (Pub.
L. 93-234) which prohibits Federal financial assistance for acquisition or construction purposes, as defined under Section 3(a) of said act, for Projects/Activities within special hazard areas previously identified, ("Identified Area"), by the Director of the Federal Emergency Management Agency ("FEMA"), unless the Identified Area is in a community participating in the national flood insurance program and subject to the mandatory purchase of flood insurance requirements of said act. The PARTIES to this Agreement agree that the Project described in Schedule "A", attached hereto, is not located in an Identified Area.
Any contract for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Director of FEMA as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 USC 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.
In its compliance with the Flood Disaster Protection requirements of this Agreement, COUNTY hereby agrees to comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards.
29. Build America, Buy America Act (BABA)
In accordance with the Build America, Buy America Act (BABA), any project with a total cost of more than $250,000 and utilizing CDBG funds for Infrastructure Projects, as defined under 2 CFR 184.4(d), shall incorporate within the plans and specifications BABA requirements for all iron, steel, manufactured products, or construction materials, as applicable under HUD guidelines, that is utilized in the execution of the construction work performed. Any exception to this requirement, must either obtain a waiver or fall within the de minimis thresholds provided under HUD guidelines.
30. Indemnification
CITY agrees to indemnify, defend, and hold harmless COUNTY and its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, expert fees, fees of County Counsel, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CITY or CITY’s officers, agents, employees, independent contractors, sub-contractors of any tier, or authorized
representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers’ compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CITY by any person or entity.
CITY acknowledges that CITY, and all contractors hired by CITY to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). CITY is and shall remain in compliance with the IRCA and shall ensure that only contractors hired by CITY to perform services under this Agreement are in compliance with the IRCA. In addition, CITY agrees to indemnify, defend, and hold harmless the County, its agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives, from any liability, damages or causes of action arising out of or relating to any claims that CITY’s employees or the employees of any contractor hired by CITY, are not authorized to work in the United States for CITY or its contractor and/or any other claims based upon alleged IRCA violations committed by CITY or its contractor(s).
31. Insurance
CITY in order to protect COUNTY and its board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CITY’s actions in connection with the performance of CITY’s obligations, as required in this Agreement, shall secure and maintain insurance as described below. CITY shall not perform any work under this Agreement until CITY has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the COUNTY’s authorized insurance representative. Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate.
Upon request, CITY shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon. The CITY shall promptly deliver to the COUNTY’s authorized insurance representative, a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to insurance representative prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. CITY shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CITY or COUNTY as an additional insured. a. Workers’ Compensation and Employers’ Liability Insurance Requirement - In the event CITY has employees who may perform any services pursuant to this Agreement, CITY shall submit written proof that CITY is insured against liability for workers’ compensation in accordance with the provisions of section 3700 of the California Labor Code.
CITY shall require any contractor or sub-contractor to provide workers’ compensation for all of the contractor’s or sub-contractor’s employees, unless the contractor’s or sub-contractor’s employees are covered by the insurance afforded by CITY. If any class of employees engaged in work or services performed under this Agreement is not covered by
Labor Code section 3700, CITY shall provide and/or require each contractor or sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.
CITY shall also maintain employers’ liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
b. Liability Insurance Requirements:
1. CITY shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CITY’s performance of work under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. CITY shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate. (b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles used in the performance of services pursuant to this Agreement with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
(2) The Commercial General Liability and Automobile liability Insurance required herein shall include an endorsement naming the COUNTY and COUNTY’s board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
(3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to COUNTY and must be approved by the COUNTY Risk Manager.
(4) If any of the insurance coverages required under this Agreement is written on a claims-made basis, CITY at its option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than three
(3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy. c. Cancellation of Insurance — The above stated insurance coverages required to be maintained by CITY shall be maintained until the completion of all of CITY’s obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by the CITY must be endorsed to provide that the coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. Such notice shall be by certified mail, return receipt requested. This notice requirement does not waive the insurance requirements stated herein. CITY shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. d. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best’s Key Rating Guide" publication with a minimum of a "A-; VII" rating. Any exception to these requirements must be approved by the COUNTY Risk Manager.
e. If CITY is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, CITY shall provide coverage equivalent to the insurance coverages and endorsements required above. COUNTY will not accept such coverage unless COUNTY determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CITY is equivalent to the above-required coverages. f. All insurance afforded by CITY pursuant to this Agreement shall be primary to and not contributing to all insurance or self-insurance maintained by COUNTY. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against the COUNTY.
g. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CITY for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude COUNTY from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
h. Failure by CITY to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CITY. COUNTY, at its sole option, may terminate this Agreement and obtain damages from CITY resulting from said breach. Alternatively, COUNTY may purchase such required insurance coverage, and without further notice to CITY, COUNTY shall deduct from sums due to CITY any premiums and associated costs advanced or paid by COUNTY for such insurance. If the balance of monies obligated to CITY pursuant to this Agreement is insufficient to reimburse COUNTY for the premiums and any associated costs, CITY agrees to reimburse COUNTY for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by COUNTY to take this alternative action shall not relieve CITY of its obligation to obtain and maintain the insurance coverages required by this Agreement.
i. Subcontractor Requirements
(1) If CITY hires a consultant to provide professional services, such as architectural or engineering services under this Agreement, CITY shall require its consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of all required services under this Agreement, with coverage equal to the policy limits which shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. (2) During the construction of the Activity, CITY shall require that all contractors hired by CITY to perform work on the Activity Premises maintain the following insurance coverages at all times during the performance of said work:
(a) Commercial General Liability Insurance including Products-Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Contractor’s performance of work. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired, and non-owned vehicles, with combined limits for Bodily Injury and Property Damage liability of at least one million dollars ($1,000,000) each occurrence.
32. Captions and Interpretation
Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement.
The Recitals listed at the beginning of this Agreement are hereby incorporated into this Agreement.
No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.
33. Successors and Assigns of COUNTY
This Agreement shall be binding upon and inure to the benefit of the successors to or assigns of COUNTY.
34. Liens and Encumbrances
Without the prior consent of COUNTY, CITY shall not transfer, pledge, hypothecate, or encumber the Project/Activity property during the Change in Use Restriction Period.
35. Assignment and Subletting
CITY shall not assign any right, title or interest it may acquire by reason of this Agreement nor sublet any Project/Activity premises except upon first obtaining the written consent of COUNTY.
36. Concurrent Remedy
No right or remedy herein conferred on or reserved to COUNTY is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
37. Non Waiver
No covenant or condition of this Agreement to be performed by CITY can be waived except by the written consent of COUNTY. Forbearance or indulgence by COUNTY in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by CITY. A waiver of one covenant or condition by COUNTY does not grant or imply a waiver of any other covenant or condition to be performed by CITY. COUNTY shall be entitled to invoke any remedy available to COUNTY under this Agreement or by law or in equity despite said forbearance or indulgence.
38. Incorporation of Prior Agreements and Amendments
This Agreement, including all attachments hereto and any reference to pertinent federal or State laws and regulations, contains the entire Agreement between the PARTIES, relating to the services, rights, obligations and covenants contained herein and assumed by the PARTIES respectively. No inducements, representations or promises have been made, other than those recited in this Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect. This Agreement may be modified in writing only, signed by the PARTIES in interest at the time of modification.
39. Severability
Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the PARTIES intended to enter into in the first instance.
40. Signatory Authority
Each individual executing this Agreement on behalf of each party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of such
party and that this Agreement is binding on such party in accordance with its terms. CITY shall, prior to Agreement execution by COUNTY’s Board of Supervisors, deliver to COUNTY a copy of the resolution or minute order of CITY’s governing body authorizing the execution of this Agreement.
41. Procedure to Modify and Limitation of Term of Agreement a. Except as otherwise provided herein, the terms of this Agreement may only be modified by the written consent of the PARTIES hereto.
b. The expiration of this Agreement shall be determined as provided in Paragraph
1.g. of this Agreement.
42. Execution
This Agreement is effective upon the date indicated herein above. 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.
42. Notices
Notices shall be sufficiently given hereunder if personally served upon the Clerk of the Board of Supervisors of the COUNTY or the Clerk of the CITY, or if sent by United States mail, postage prepaid, as follows:
directed to COUNTY, addressed to:
Planning and Natural Resources Department
Clerk of the Board of Supervisors
County Administrative Center
1115 Truxtun Avenue, Fifth Floor
Bakersfield, California 93301
or directed to CITY, addressed to:
City Clerk
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
43. Construed According to California Law
The provisions of this Agreement shall be construed in accordance with the laws of the State of California.
44. Venue
This Agreement has been entered into and is to be performed in the County of Kern, California. Accordingly, the PARTIES agree that the venue of any action relating to this Agreement shall be in the County of Kern.
45. Opinions and Determinations
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, discretion, option, or determination of either COUNTY or CITY, such terms are not intended to be and shall not be construed as permitting such opinion, judgment, approval, review, discretion, option, or determination to be arbitrary, capricious, or unreasonable.
46. No Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement, shall be strictly reserved to COUNTY and CITY. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of COUNTY and CITY that any such person or entity, other than COUNTY and CITY, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective officers and agents hereunto duly authorized as of the day and year first above written.
/
/
APPROVED AS TO CONTENT:
Planning and Natural Resources Department
BY______________________________
Craig M. Murphy, Director
COUNTY OF KERN
BY______________________________
Chairman, Board of Supervisors
________________________________________
Printed Name
“COUNTY”
APPROVED AS TO FORM:
Office of County Counsel
BY______________________________
Joshua H. Rudnick, Deputy
CITY OF SHAFTER
BY______________________________
___________________________________________
Printed Name
____________________________________________
Insert Title
“CITY”
I:\CEDD\AFC\PROJECTS\18-Shafter\22.1 City of Shafter Rodriguez Park\22. and 24.1 City of Shafter Draft Agreement_Revised1.docx
Title
Schedule A: CD Project Nos. 18.22.2 & 18.24.1- Rodriguez Park Multi-Purpose Field and Retention Basin Improvements
Project Purpose
The project will provide needed recreation and park facility improvements to Rodriguez Park, a neighborhood park, in the City of Shafter. The improvements will provide park facility upgrades to existing lighting for park activities and increase public safety and accessibility improvements. Expansion of the existing retention basin within the park has been proposed to accommodate excess storm water runoff that collects on the surrounding roadways and neighborhood during extreme weather events.
Project Description
The project location is at 200 West Los Angeles Avenue in Shafter, CA. CD Project No. 18.22.1 consists of the design, construction, and installation of multi-purpose recreation field lighting, plus expansion of an existing retention basin and installation of new underground pipelines used for storm water collection and conveyance, and related park and facility improvements. CD Project No. 18.24.1 provides additional supplemental financial assistance for the project described as CD Project No. 18.22.2 and installation an ADA accessibility ramp. Project meets eligibility requirements under 570.201(c) and a National Objective under 570.208 (a)(1); HUD Use Code 03F-Park, Recreational Facilities.
After completion of the Environmental Review, which includes a Finding of No Significant Impact, Request for Release of Funds completed by the County and an issuance of the Authority to Use Grant Funds by the Department of Housing and Urban Development, the City of Shafter determined based that additional supplemental funding was needed to complete the project. The estimate of costs below includes CDBG funding from City’s cancelled library project.
Project Cost Estimate
The total amount of GRANT funds committed by the County of Kern (“County” or “COUNTY”) to the Project is NINE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND EIGHTY-EIGHT CENTS ($998,343.88). Individual line items and payment responsibilities within the following detailed cost estimate for GRANT funds may be modified under authority of COUNTY’s Planning and Natural Resources (“PLNR”) Director provided that the total amount of GRANT funds committed does not exceed NINE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED FORTY THREE DOLLARS AND EIGHTY-EIGHT CENTS ($998,343.88). In addition, the City of Shafter (CITY) shall be responsible for all other costs related to this Project in excess of the GRANT amount and pursuant to the Agreement.
Construction COUNTY
GRANT Funds
CD Activity #
18.22.2 & 18.24.1
CITY
&
Other
Funds
TOTAL
Storm Drain $130,000 $0 $130,000
Catch Basin $60,000 $0 $60,000
Sump Outlet $20,000 $0 $20,000
Storm Drain Manhole $20,000 $0 $20,000
Drainage Basin Expansion $60,000 $0 $60,000
Drainage Basin Block Wall Addition $100,000 $0 $100,000 ADA Ramp Upgrades $30,000 $0 $30,000
Construction COUNTY
GRANT Funds
CD Activity #
18.22.2 & 18.24.1
CITY
&
Other
Funds
TOTAL
Multi-Use Field Lighting $200,000 $0 $200,000
Construction Cost $620,000 $0 $620,000
Design Work $50,000 $0 $50,000
Advertisement $1,000 $0 $1,000
Construction Inspection $0 $0 $0
Contingency $165,343.88 $0 $165,343.88
Escalation $100,000 $0 $100,000
Total Project Costs $998,343.88 $0 $998,343.88
Beneficiaries
Project activities will benefit a service area of 17,695 persons, 54.25% of whom are low to moderate income (2023 HUD ACS LMISD). 03F-Park, Recreational Facilities; Section 570.208(a)(1)(i); 570.201(c) – Public Facilities and Improvements
Anticipated Implementation Schedule
It is agreed between the COUNTY and the CITY that time is of the essence in the implementation of the Activity described in this Agreement. CITY shall implement the Project in an expeditious manner and otherwise conform to the following time schedule:
Cumulative time is from the date of execution by the Board of Supervisors:
a. Agreement is executed……………………………………........………………………....Week 1 b. CITY submits Insurance Certification forms to COUNTY …………….………….Week 2 c. CITY submits Bid Packages for County to review……………….…..……….…...Week 4 d. CONUTY completes review of Bid Packages……………………..……………………Week 5 e. CITY completes Bid Advertising………………………………..…………………Week 7 f. CITY completes Bid Opening………………………………………………….....Week 11 g. COUTY reviews Bids…………………………………………………………...Week 12
h. CITY awards Contract(s)……….…………………………………………………Week 14 i. Begin Construction………………………………………………………………..Week 17
j. Complete Construction……………………………………………………………Week 23
k. COUNTY receives Notice of Completion………………………………………..Week 26 Environmental Clearance: A statutory worksheet was completed for the project and the project activities require an Environmental Assessment under HUD regulations at 24 CFR Part 58 for compliance with National Environmental Policy Act (NEPA) requirements.
National Environmental Policy Act (NEPA) The Environmental Review Record (ERR) for CD Project
18.22.2 and 18.24.1 is maintained in the Planning and Natural Resources Department – Community Development Division, it contains:
1. 24 CFR Part 58 Environmental Review;
2. Early Consultation and comments received during the consultation process;
3. FONSI completed and approved by the Board of Supervisors on October 21, 2025;
4. Request for Release of Funds was approved by the Board of Supervisors on October 21, 2025;
5. A Mitigation Monitoring Program was adopted by Board of Supervisors on October 21, 2025; and,
6. Authority to Use Grant Funds (AUGF) issued by Department of Housing and Urban Development (HUD) on November 18, 2025.
Project Mitigation and Conditions of Approval - The following are conditions of the project and are to be incorporated in the Project Plans and Specifications as required pursuant to the completed “Worksheet A”. The DISTRICT shall notify the COUNTY if any subsequent project modifications are proposed that may affect the environmental clearance. The Project Mitigation Monitoring Program shall be used for compliance with the following measures, as amended.
1. Preconstruction Survey: No more than 14 to 30 days prior to the commencement of operations or any ground-disturbing activities, a qualified biologist shall conduct a preconstruction biological clearance survey to assess the presence of protected species. o Survey results shall be submitted to the Kern County Planning and Natural Resources Department – Community Development Division, and as appropriate, to the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service. o Exclusion zones shall be established and maintained until construction is complete unless agencies authorize removal or relocation of special-status species, following their guidelines.
2. Informational Meeting: Prior to construction, a qualified biologist shall conduct a meeting with construction personnel outlining avoidance and protection measures, including the USFWS Standardized Recommendations for the San Joaquin Kit Fox.
3. During Construction: All USFWS and State-recommended mitigation measures for endangered species shall be adhered to, including exclusion zones and monitoring protocols.
4. Migratory Birds: If migratory bird nests are observed, work shall cease in the immediate vicinity, and a qualified biologist shall be consulted to ensure MBTA compliance.
5. If cultural resources are uncovered, all work shall stop in the area of discovery. A qualified cultural resource specialist shall be contacted immediately to assess and recommend mitigation. A list of qualified consultants can be found at www.chrisinfo.org. Work in the area of the find shall resume only after clearance is obtained from the specialist and any necessary consultations with the State Historic Preservation Office (SHPO) are completed.
6. In order to minimize disturbance to nearby residences, project construction setup and/or work hours shall be limited to hours between 7:00 a.m. and 6:00 p.m. during weekdays and 7:30 and 5:30 p.m. during weekends.
7. Due to the expansion of the drainage basin near existing residences, a mosquito vector control plan shall be developed for the drainage basin that can be implemented to prevent the vegetation overgrowth and reduce nuisances from mosquitoes.
California Environmental Quality Act (CEQA)
The COUNTY completed a CEQA exemption for the project on September 8, 2025. All documentation pertaining to the CEQA clearance of the Project has been entered into the ERR file.
I:\CEDD\AFC\PROJECTS\18-Shafter\22.1 City of Shafter Rodriguez Park\Sch A_Draft Shafter Rodriguez Park 7.15.2026.docx
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: September 1, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: ZERKER ROAD REHABILITATION - STA 42+39 TO STA 66+00 AWARD (ST00038.2)
RECOMMENDATION
Council find the project was previously exempt from the California Environmental Quality Act; accept five (5) bids received for Zerker Road Rehabilitation - STA 42+39 to 66+00 (ST00038.2); authorize a budget amendment of $244,000 in Gas Tax funding to project ST00038.2; and authorize the Public Works Director to issue a notice of award and notice to proceed to Westrock LLC dba Westrock General Engineering in an amount up to $925,000 for said project.
BACKGROUND
The Zerker Road Rehabilitation Project consists of the reconstruction of approximately
0.45 miles of Zerker Road, beginning east of the at-grade crossing of the Union Pacific rail spur and ending approximately 500 feet south of New Kapittel Road. The scope of work includes removal of the existing roadway section and replacement with asphalt concrete over compacted Class II base. The project also includes installation of new striping and pavement markings. This project represents Phase IV of the City's ongoing improvements along the Zerker Road corridor.
City Council previously approved the project plans and specifications and authorized formal bid procedures. Staff conducted formal bid procedures and received five (5) bids, summarized as follows:
BIDDER TOTAL BID PRICE
WESTROCK LLC DBA WESTROCK GENERAL
ENGINEERING
$808,888.00
GRIFFITH COMPANY $810,043.00
BOWMAN ASPHALT, INC. $859,138.00
GRANITE CONSTRUCTION COMPANY $893,739.00
ZERKER ROAD REHABILITATION - STA 42+39 TO STA 66+00 AWARD (ST00038.2) - 2 -
A detailed bid breakdown is provided in Attachment 1.
Westrock General Engineering submitted the lowest responsive bid in the amount of $808,888.00. They have successfully completed similar projects for the City in the past.
Staff recommends establishing a total construction budget of $925,000.
MAC GENERAL ENGINEERING, INC. $1,032,627.63
FISCAL IMPACT
Capital Improvement Program Project #ST00038.2 has $731,000 in funding budgeted, consisting of a Federal RSTP Grant allocation of $646,269 and a local match of $84,731 from the gas tax fund. To date $34,449 has been spent toward design and engineering, advertisement, environmental, and permits for encroaching on the Union Pacific Rail spur. Approval of a budget amendment in the amount of $244,000 from the Gas Tax fund is recommended to establish a total project budget of $975,000. The additional funding will provide sufficient budget to cover construction costs, materials testing, contingencies, and account for already incurred engineering costs.
CEQA ANALYSIS
This project was previously exempted from CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Bid Results - ST00038.2
A.
ITEM DESCRIPTION QTY UNITS Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1 HOT MIX ASPHALT, 3/4 IN PG64-10 3,800 TONS 102.00 $ 387,600.00 $ 95.00 $ 361,000.00 $ 102.00 $ 387,600.00 $ 94.00 $ 357,200.00 $ 126.04 $ 478,952.00 $ A2 CLASS II AGGREGATE BASE 3,580 CY 50.00 $ 179,000.00 $ 42.00 $ 150,360.00 $ 46.00 $ 164,680.00 $ 60.00 $ 214,800.00 $ 67.06 $ 240,074.80 $ A3 FULL DEPTH GRIND & REMOVE SECTION (1.6' DEPTH) 87,900 SF 1.00 $ 87,900.00 $ 1.07 $ 94,053.00 $ 1.35 $ 118,665.00 $ 1.00 $ 87,900.00 $ 1.64 $ 144,156.00 $ A4 FULL DEPTH GRIND & REMOVE HMA ONLY (0.33' DEPTH) 15,950 SF 0.25 $ 3,987.50 $ 0.70 $ 11,165.00 $ 0.50 $ 7,975.00 $ 0.50 $ 7,975.00 $ 0.33 $ 5,263.50 $ A5 SUBGRADE COMPACTION 87,900 SF 0.12 $ 10,548.00 $ 0.22 $ 19,338.00 $ 0.35 $ 30,765.00 $ 0.50 $ 43,950.00 $ 0.42 $ 36,918.00 $ A6 FOG SEAL 103,850 SF 0.20 $ 20,770.00 $ 0.07 $ 7,269.50 $ 0.04 $ 4,154.00 $ 0.06 $ 6,231.00 $ 0.05 $ 5,192.50 $ A7 RUMBLE STRIP 1,725 LF 11.00 $ 18,975.00 $ 4.50 $ 7,762.50 $ 5.55 $ 9,573.75 $ 4.00 $ 6,900.00 $ 4.06 $ 7,003.50 $ A8 ADJUST MONUMENTS TO GRADE 3 EA 1,600.00 $ 4,800.00 $ 2,400.00 $ 7,200.00 $ 1,500.00 $ 4,500.00 $ 1,800.00 $ 5,400.00 $ 862.80 $ 2,588.40 $ A9 ADJUST WATER LIDS TO GRADE 10 EA 1,600.00 $ 16,000.00 $ 2,400.00 $ 24,000.00 $ 1,500.00 $ 15,000.00 $ 1,800.00 $ 18,000.00 $ 862.80 $ 8,628.00 $ A10 ADJUST SEWER LIDS TO GRADE 2 EA 1,600.00 $ 3,200.00 $ 2,500.00 $ 5,000.00 $ 2,500.00 $ 5,000.00 $ 1,800.00 $ 3,600.00 $ 1,595.03 $ 3,190.06 $ A11 TRAFFIC SIGNAGE & STRIPING 1 LS 12,975.00 $ 12,975.00 $ 12,975.00 $ 12,975.00 $ 18,725.00 $ 18,725.00 $ 17,000.00 $ 17,000.00 $ 14,288.32 $ 14,288.32 $ A12 TRAFFIC CONTROL 1 LS 25,000.00 $ 25,000.00 $ 26,920.00 $ 26,920.00 $ 45,000.00 $ 45,000.00 $ 26,283.00 $ 26,283.00 $ 42,958.50 $ 42,958.50 $ A13 CONSTRUCTION SURVEYING 1 LS 8,500.00 $ 8,500.00 $ 18,000.00 $ 18,000.00 $ 6,500.00 $ 6,500.00 $ 17,500.00 $ 17,500.00 $ 9,558.58 $ 9,558.58 $ A14 MOBILIZATION 1 LS 28,632.50 $ 28,632.50 $ 64,000.00 $ 64,000.00 $ 40,000.25 $ 40,000.25 $ 80,000.00 $ 80,000.00 $ 32,855.47 $ 32,855.47 $ A15 PERMIT AND INSPECTION FEE ALLOWANCE 1 LS $ 1,000.00 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ TOTAL BID PRICE 808,888.00 $ TOTAL BID PRICE 810,043.00 $ TOTAL BID PRICE 859,138.00 $ TOTAL BID PRICE 893,739.00 $ TOTAL BID PRICE 1,032,627.63 $ ***ALL BIDS ARE UNDER REVIEW NAME ITEM NAME ITEM NAME ITEM NAME ITEM NAME ITEM Cen-Cal Construction Operated Grinder Rental Pavement Recycling Systems 3p, 4p, 7p Operated Cold Planner, Rumble Machine
Harker Striping & Signage Traffic Signage & Striping,
Traffic Control (portion), Mob (portion)
Pavement Recycling Systems Inc.
Operated Rented Cold Planer Bid Items A3 and A4, Operated Rented Rumble Strip Machine Bid Item A7 Diversified Project Services International
Construction Surveying
Harker Striping & Signage Traffic Striping & Signage Harker Striping & Signage 11, 14p Signage & Striping TC Harker Striping & Signage Traffic Signage & Striping Bid Item A11, Striping Traffic Control Bid Item A12, Striping Mob Bid Item A14 Harker Striping & Signage Striping & SignagePavement Recycling Systems Rumble Strip
GRANITE CONSTRUCTION COMPANY
SUBCONTRACTORS
MAC GENERAL ENGINEERING, INC.
SUBCONTRACTORS
BOWMAN ASPHALT, INC.
SUBCONTRACTORS SUBCONTRACTORS
WESTROCK GENERAL ENGINEERING
ST00038.2 - ZERKER ROAD REHABILITATION - STA 42+39 TO STA 66+00
LERDO HIGHWAY RECONSTRUCTION GRIFFITH COMPANY
SUBCONTRACTORS
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: September 1, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: SKATEPARK RESTROOM & PARKING LOT PROJECT UPDATE
RECOMMENDATION
Staff recommends that the City Council discuss and provide direction, as appropriate, regarding the Skatepark Restroom & Parking Lot Project. No formal action is requested at this time.
BACKGROUND
The City Council previously authorized a sewer feasibility study and development of construction plans for the skate park restroom and parking lot project. The feasibility study determined that construction of the restroom requires installation of a new sewer line across property owned by Community Action Partnership of Kern (CAPK) to connect to the existing sewer system in East Euclid Avenue. The project also requires an access easement from CAPK to provide access to the proposed parking lot.
Staff subsequently presented the project to the City Council for authorization to proceed with formal bidding. The City Council did not authorize Staff to proceed with bidding and instead directed Staff to continue working to obtain the necessary easements and to identify potential grant and other funding opportunities for the project.
Easement Update
Staff continues to work with CAPK to secure the easements necessary for the project.
As the easement documents were being developed, adjustments were made to the proposed sewer line alignment. Staff is currently working to finalize the easement documents based on the revised sewer alignment.
Grant Funding Update
Consistent with City Council direction, Staff has researched potential grant programs that could assist with funding improvements at the skatepark and has identified two potential funding opportunities.
Statewide Park Program – Round 4
The Statewide Park Program (SPP) Round 4 currently has an open application period.
Staff is actively working to develop a project for potential submission under this program.
SKATEPARK RESTROOM & PARKING LOT PROJECT UPDATE
- 2 -
Under the program requirements, the proposed restroom and parking lot are considered ancillary facilities and cannot serve as the primary recreational feature of the grant project. In order to pursue funding through the program, the proposed project must include a qualifying core recreational feature in addition to the restroom and parking lot improvements.
Staff is currently evaluating options for additional recreational improvements that could be incorporated at the skatepark site and is working to develop a project scope for a potential Round 4 application.
Land and Water Conservation Fund
Staff has also identified the Land and Water Conservation Fund (LWCF) as another potential funding source for the project. The most recent call for applications occurred in 2025, and a new funding round or call for applications has not been released. Staff will continue monitoring the LWCF program for future funding opportunities.
Staff will continue working to finalize the necessary easements and pursue available funding opportunities and will return to the City Council as appropriate as these efforts progress.
FISCAL IMPACT
The engineer's estimate previously prepared for the restroom, parking lot, sewer improvements, and associated work was approximately $500,000. This item is an informational update and does not authorize bidding, construction, or additional project expenditures. Any future actions requiring City Council authorization will be presented to the City Council for consideration.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger CEQA review. Any future project approval or other action subject to CEQA will be evaluated for compliance with CEQA prior to City Council consideration.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Skate Park Construction Plans
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MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: September 1, 2026
DEPARTMENT: Michael James, Assistant City Manager
SUBJECT: AWARD JANITORIAL SERVICES CONTRACT
RECOMMENDATION
Council find that the action is not a “project” as defined by Section 15378(b)(4) of the CEQA Guidelines; authorize the City Manager to negotiate and execute a Citywide Janitorial Services Agreement for RFP No. CM2026-01 with MJS Solutions, the highest-ranked proposer, for an initial term commencing as early as October 1, 2026, and ending June 30, 2029, subject to approval as to form by the City Attorney and funding available in the adopted budget; authorize the City Manager, if unable to reach an acceptable agreement with MJS Solutions, to discontinue negotiations and negotiate and execute an agreement with CCS Facility Services, the second-ranked proposer, subject to the same conditions; and authorize the City Manager, at their discretion, to extend the agreement for up to two additional one-year terms in accordance with its terms.
BACKGROUND
Macias Janitorial Services currently provides janitorial services to the City at multiple City facilities and offices. To establish a comprehensive agreement for citywide janitorial services through a competitive procurement process, the City issued Request for Proposals (RFP) No. CM2026-01. The RFP includes regularly scheduled janitorial services at multiple City facilities and additional on-call services that may be authorized on a time-and-materials basis. The proposed initial agreement term will commence no sooner than October 1, 2026, and continue through June 30, 2029, with the City having the option to extend the agreement for up to two additional one-year terms.
Proposals were due July 10, 2026, and the City received ten proposals. An Evaluation Committee reviewed the proposals for responsiveness and evaluated the responsive proposals using the criteria established in the RFP: experience, staffing and supervision, emergency, unscheduled and special-event response, and proposed monthly cost. Committee members independently reviewed the proposals before meeting to discuss their assessments and establish final consensus scores.
MJS Solutions received the highest overall score of 91.27 points, followed by CCS Facility Services with 91.00 points and Jonco Enterprises with 88.66 points. Macias Janitorial Services, the City’s current janitorial service provider, ranked fourth with 80.89 points.
AWARD JANITORIAL SERVICES CONTRACT
- 2 -
As detailed in the attached Evaluation Committee Memorandum, the Committee determined that MJS Solutions demonstrated extensive municipal janitorial experience, presented a strong staffing and supervisory plan, provided the strongest emergencyresponse approach, and demonstrated established regional operational resources. MJS Solutions proposed a monthly base service rate of $17,246. Based on its assessment of the proposals under the published evaluation criteria and the final consensus scores, the Evaluation Committee identified MJS Solutions as the highest-ranked proposer and recommended proceeding with MJS Solutions.
Staff recommends authorizing the City Manager to negotiate and finalize the scope, service schedule, pricing, and other terms of an agreement with MJS Solutions.
Because final negotiations may result in adjustments to the proposed scope and cost, the final agreement may differ from the terms included in the proposal. If the City is unable to reach an acceptable agreement with MJS Solutions, the proposed authorization would allow the City Manager to discontinue negotiations and proceed with CCS Facility Services, the second-ranked proposer.
Because the proposed award would replace the City’s existing janitorial service provider, the City, the current service provider, and the selected contractor will complete any applicable procedures required by the Displaced Janitor Opportunity Act (Labor Code Sections 1060–1065). To the extent the Act applies, these procedures include retaining eligible existing employees for a 60-day transition period and offering continued employment to employees who demonstrate satisfactory performance during that period.
FISCAL IMPACT
MJS Solutions proposed a monthly base service rate of $17,246, equivalent to $206,952 annually. The final cost may change based on negotiations and finalization of the scope, service schedule, and other agreement terms. The adopted FY 2026-27 budget for janitorial services was based on the City’s current service costs, which are significantly higher than the costs proposed by the two highest-ranked proposers.
Accordingly, sufficient funding is anticipated for the final agreement. Additional on-call or out-of-scope services would be performed only as authorized by the City in accordance with the final agreement.
CEQA ANALYSIS
The action is not a “project” as defined by Section 15378(b)(4) of the CEQA Guidelines because it involves the Approval of a janitorial services contract. The action constitutes a governmental fiscal activity that does not commit funds to a specific project with the potential to result in a significant environmental impact.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Citywide Janitorial Services RFP - Evaluation Committee Memorandum
AWARD JANITORIAL SERVICES CONTRACT
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CALIFORNIA EVALUATION COMMITTEE MEMORANDUM
TO
FROM
Lance Lippincott, City Manager
Evaluation Committee
August 18,2026
Evaluation Gommittee Recommendation - RFP No. CM2026-0{, Citywide Janitorial Services
DATE
SUBJECT
Purpose
This memorandum documents the Evaluation Committee's review of proposals received in response to RFP No. CM2026-01 - Citywide Janitorial Services. lt summarizes the evaluation process, presents the committee's final consensus scores, and recommends a proposer for contract negotiations.
Procurement Backgrou nd
. The City issued RFP No. CM2026-01 to solicit proposals for comprehensive janitorial services. . Proposals were due July 10,2026, at 5:00 p.m.
. The City received ten (10) proposals.
o All proposals were reviewed for responsiveness before technical evaluation. . Responsive proposals were evaluated using the published criteria.
Evaluation Committee
. Lance Lippincott, City Manager
. Michael James, Assistant City Manager
. Kenneth Greene, Facilities Supervisor
. Vanessa Uribe, Executive Assistant
Committee members independently reviewed each proposal before meeting to discuss the results and establish final consensus scores.
Evaluation Process
. Reviewed each proposal for responsiveness.
. lndependently evaluated responsive proposals.
. Applied the published evaluation criteria.
. Discussed proposal strengths and weaknesses
. Established final consensus scores.
Consensus scores represent the committee's final evaluation following discussion and deliberation RFP No. CM2O26-01 | Page 1 of3
Evaluation Criteria
Experience 25
Criterion Maximum Points
Staffing & Supervision 10
Emergency, Unscheduled & Special Event Response
Proposed Monthly Cost
40 25
Total 100
Final Consensus Scores
Final ranking based on the committee's consensus evaluation and proportional cost scoring MJS Solutions $17,246.00 23 21.27
2 CCS Facility Services $14,672.15 22 I 35 25.00 91.00
3 Jonco Enterprises $17,757.28 21 10 37 20.66 88.66
4 Macias Janitorial Services $30,845.00 25 8 36 11.89 80.89 5 Premier Property Preservation $19,573.40 22 31 18.74 79.74 6 Building Maintenance Services $27,900.00
7 Outright Clean Services $31,130.00
$27,167.00
21 19
17 I 33 13.15 75.15
11.79 74.79
13.50 67.50
9 35
8 7
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JER Maintenance
Dynamic Labor LLC $31,000.00 15
10 H2O Pro Services $22,500.00
6:28
5 20
11.83 60.83
16.30 56.30
Evaluation Summary
MJS Solutions
o Demonstrated extensive municipal janitorial experience. . Submitted a strong staffing and supervisory plan.
. Provided the strongest emergency response approach.
. Demonstrated established regional operational resources . Recommended for award.
CCS Facility Services
r Submitted the lowest proposed monthly cost.
. Demonstrated strong organizational resources.
r Emergency response relied more on generalized corporate procedures than project-specific implementation.
. Proposal appeared to include recurring pricing for Veterans Hall despite as-needed solicitation . language.
o Ranked second overall.
1 I 38 91.27
Rank Proposer Monthly Cost Exp" Staff Emerg" I Cost Total RFP No. CM2O26-01 I Page 2 of3
Jonco Enterprises
o Submitted a comprehensive proposal.
o Submitted a strong staffing and supervision plan
. Submitted competitive pricing.
o Ranked third overall.
Committee Recommendation
Based on the published evaluation crlteria and the committeo's final consonsua scores, the Evaluation Committee recommends that the Gity Gouncil award the Gitywide Janltorial Seryices Agroement for RFP No. GM2026-0{ to MJS Solutions.
Com mittee Certification
By signing below, the members acknowledge that they participated in the evaluation and concur with this recommendation.
Lance Lippincott City Manager Flr-24
Michael James Assistant City Manager Q-, - \$ -1-b
Kenneth Greene Facilities Supervisor
Vanessa Uribe Executive Assistant 0-
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g"lr -2.v
Name Title Signature Date
RFPNo. CM2O26-01 | Page3of3