Shafter City Council
November 19, 2024

Shafter Community Emissions Reduction Program
RFP for Vegetative Barriers
15 Exhibit A

June 2022 Application

VEGETATIVE BARRIERS

APPLICATION
Vegetative Barriers Emission Reduction Program is part of California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment — particularly in disadvantaged communities.

SECTION 1 - APPLICANT INFORMATION (PLEASE PRINT OR TYPE)

1. Organization, Company, or Proprietor’s Name (as it appears on Form W-9):

2. Physical Address:

3. City: 4. State: 5. Zip Code:

6. Mailing Address (if different from above):

7. City: 8. State: 9. Zip Code:

SECTION 2- CONTACT INFORMATION (PLEASE PRINT OR TYPE)

PRIMARY CONTACT INFORMATION

1. First and Last Name: 2. Title:

3. Phone Number: 4. Fax Number:

5. Alternate Contact Number: 6. Email (required):

SIGNING AUTHORITY INFORMATION (IF DIFFERENT FROM ABOVE)

1. First and Last Name: 2. Title:

3. Phone Number: 4. Fax Number:

5. Alternate Contact Number: 6. Email (required):

EXHIBIT A

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

SECTION 3 – PROJECT INFORMATION (PLEASE PRINT OR TYPE)
Applicant may submit answers to this section on a separate document so long as the proposal answers each question in the order presented and the responses are numbered accordingly.

Project Type:Vegetative Barriers

1. Project Summary
Briefly describe your project including committed partners, expected implementation period, project costs and how the project will mitigate air quality impacts.

2. Location of Project
Provide address or cross-streets and describe surrounding area. Please attach photographs of the project site, and aerial photo of the project from an online resource, and a representation of the project plan area (i.e., site plan).

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

3. Is the applicant the property owner of the land on which the project will be implemented? ☐ Yes.
☐ No. Please provide the name and contact information for the Property Owner(s) of Each Parcel within Project Footprint or provide a demonstrated plan to obtain the authority from the property owner(s).

4. Describe Proposed Greenery
Include quantity of each plant or tree to be planted. Also note environmental benefits of the selected species (e.g., if the species is native, drought resistant, non-allergenic, or low-BVOC emitting), if possible.

5. Area of Project Footprint to be created or Enhanced (acres or square footage)

6. Proposed Irrigation Systems
Describe the type of irrigation systems (e.g., drip, overhead spray)

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

7. Project Limitations
Describe any possible project limits such as parking, hours of operation, available staffing, user fees, seasonal restrictions, or other ecological considerations.

8. Sensitive Receptors
Provide a list of sensitive receptors (e.g., schools, day cares, residences) within 1,000 feet of the project Name of Location Distance from Project

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

9. Estimated Timeline for Project Implementation
Provide an estimated timeline for project implementation assuming project is notified of grant approval within 90 working days of submittal of application.

Include preliminary design, environmental documentation, permitting, long-term operations and maintenance commitments, and any other relevant actions as steps in this timeline.

Date Action
Describe the measures that will be utilized to assure completion of the project within the indicated time.

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

10. Project Implementation
Identify the key individuals responsible for project implementation and their roles.

Name Title/Position Project Role

11. Project Costs
Describe the estimated costs of the project.

Description Cost
Supplies and Materials
Labor and Construction
Contracted Services
Signs and Interpretive Aids
Non-Construction Costs
Contingency Costs
Other:

Other:

Other:

Other:

Other:

Total Project Cost
Provide quotes of project costs identified above (submit with application).

12. Funding amount requested:

13. Additional Funding Secured for this Project:

Include source of funding.

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

CERTIFICATIONS FORM
I have read the Eligibility Criteria and Program Guidelines and I agree to ALL the following terms and conditions by signing below:
• I have not purchased, made any payments toward, or began any work, nor will I, until I have an executed contract from the District.
• I understand that submission of this application does not guarantee incentive funding for the project. • I am the property owner, have documented authority from the property owner, or have a demonstrated plan to obtain the authority from the property owner to construct and maintain the Vegetative Barriers project as described in the project application. • I agree to complete the project implementation phase within three years of the contract execution date and maintain the project for a minimum of 10 years. • I will make the project site available for inspection if requested by SJVAPCD and/or CARB staff during the ten (10) year contract period.
• I will provide photo documentation upon completion of the project. • I will provide annual or bi-annual status updates in the form of a photo update and/or a tree condition report to ensure project maintenance is occurring throughout the contract period. • I understand it is my responsibility to contact the local County Agricultural Commissioner’s Office before obtaining any plant material originating from outside respective county to ensure all the requirements for movement of plant material into respective county are met. • I understand, where feasible, projects shall provide public access. • I will select plant species that maximize GHG reductions and minimize ROG (BVOC) and allergenic pollen.
• Project plan incorporates recommendations in the anti-displacement resources provided. • All property taxes are current at the time of application. • I understand that I am responsible for obtaining any permits required. • Our organization, along with any project partners have the financial capacity to complete, operate, and maintain the project.
• I understand that any funds required from other sources must reasonably be expected to be available in the time frame needed to carry out the project. • I understand that the final funding amount reimbursed may be less than the maximum incentive amount if the final invoice amount for the eligible costs of the project is less than the maximum incentive amount.
• I understand that the selection of a third party contractor to perform any or all of the project is completely my choice and the District does not endorse, or is not in partnership with any such contractors and shall not be responsible for any disputes arising from the work performed between the applicant and the contractor. The District will not be held liable for any disputes, circumstances or events that occur between the applicant and contractor. Contractors are independent contractors; they are not officers, representatives, agents, servants, employees, partners, associates, or joint ventures of the District.

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

 Projects funded by District will not be used as marketable emission reduction credits, to offset any emission reduction obligation, or for credit under any federal or state emission averaging, banking and trading program. In addition, projects funded through this program may not be used to generate a compliance extension or extra credit for determining regulatory compliance.  Any current financial incentive that directly reduces the project cost, including tax credits or deductions, grants, or other public financial assistance for the same project, must be disclosed to the District.

I hereby certify that all information provided in this application and any attachments are true and correct to the best of my knowledge.

Signing Authority’s Signature: Date:

Print Name: Title:

SJVAPCD Vegetative Barriers Incentive Program
June 2022 Application

APPLICATION PACKET CHECKLIST
All proposals must be submitted according to specifications set forth in the RFP. Failure to adhere to these specifications may cause for rejection of proposal. Once submitted, proposals cannot be altered without the prior written consent of the District. A complete application packet includes the following items:
 Completed Application, no fields left blank.
 Completed Certifications Form section, signed by Applicant.  First page of IRS Form W-9.
 Copies of the applicant’s results from the “GHG Summary” tab and “Co-benefit Summary” tab from the California Natural Resources Agency (CNRA) Draft Urban Greening Benefits Calculator Tool  Dated and itemized Quote(s) for the project costs.
 Aerial map of the project from an online resource
 Photographs of the project site and a representation of the project plan area (i.e. site plan).

All proposals are due no later than 5:00 PM, December 31, 2024. Late proposals will not be accepted under any circumstances.

Please submit your completed application packet via one of the following methods below to avoid duplicate submittals:

Email: [email protected]
(Subject line must indicate Shafter Vegetative Barriers Incentive Program and applicant’s name) -orMail: SJVAPCD
Attn: Grants and Incentives
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
Don’t forget to retain a full copy of the completed application for your own records.

For additional assistance, please contact staff in the Grants Department at (559) 230-5800

Shafter Community Emissions Reduction Program
RFP for Vegetative Barriers
17 Exhibit B

Vegetative Barrier Tools - User Guides
1 i-Tree Planting Calculator User Guide
i-Tree Planting Calculator User Guide
The tool i-Tree Planting should be used in order to help estimate the tree carbon storage, energy savings, and pollution reduction due to each group of trees to be planted. This tool can be found at https://planting.itreetools.org/
Step One – Open Tool. Once at the website, click “Get Started” on the right of the screen to access the tool, as shown below:

Step Two – Specify Project Location. Once in the tool, enter the project location (state, county, then city) as prompted from the three dropdown menus. Click next to continue.

Step Three – Specify Project Parameters. On the Project Parameters page, the Electricity Emissions Factor, Fuel Emissions Factor, Years for the Project, and Tree Mortality over Project Lifetime are all adjustable. Per CNRA guidelines, the Electricity Emissions Factor should be 227.9 kg CO2e/MWH and the Fuel Emissions Factor should be entered as 53.1 kg CO2e/MMBtu. The Years for the Project value should represent the total years of tree growth 40 years from the project start date. For example, for trees planted in the first year of the project, enter “40.” For trees planted in the second year, enter “39,” and so on. The Urban Greening Benefits Calculator Tool will account for the Tree Mortality over the Project Lifetime, so please enter zero for this field. See the following screenshot for an example of what this page may look like for a project within the San Joaquin Valley:

Vegetative Barrier Tools - User Guides
2 i-Tree Planting Calculator User Guide

After making this change, hit next again to progress to the next tab, “Tree Planting Configurations.” Step Four – Specify Units for Tree Planting Configurations. At the top of the Tree Planting Configurations page, the units can be adjusted between English and Metric, and it can be selected whether the tree species will be listed using their common or scientific names.

Step Five – Enter Tree Planting Configuration Information. After the units and nomenclature items are selected (under Step Four), the following must be entered:
• Tree Group Information
o Species of tree (select from dropdown)
o Diameter at breast height (DBH) at time of planting
• Building Information
o Distance to nearest building (select from dropdown)
o Direction from nearest building (select from dropdown the cardinal direction [e.g., o North South, etc.] in which the tree is located when standing at the building) o Age of building (select from dropdown)
o Climate controls within the nearest building (select from dropdown) • Tree Details
o Tree condition (select from dropdown)
o Exposure to sunlight (select from dropdown)
o Number of trees to be planted

Vegetative Barrier Tools - User Guides
3 i-Tree Planting Calculator User Guide
This information must be entered for each different group of trees that will be planted. A new group is required whenever any of the above parameters are different for a set of trees. To add a new group of trees, hit the plus sign at the far left of the table. To remove a group, click the X at the left of the row that needs to be removed.

An example of this completed tab with two groups of trees is shown below:

Step Six – Generate Report. After inputting this information, hit next again. This will generate the final report from i-Tree Planting.

The report has four sections within the webtool:
• “CO2” shows the pounds of CO2 avoided and sequestered and the resultant cost savings. • “Energy” shows the electricity and other fuel savings and resultant cost savings. • “Eco” shows the total tree biomass, rainfall interception, and the avoided runoff in gallons and resultant cost savings.
• “Air Pollution” shows the total mass of several key air pollutants that was either avoided (via deposition and dispersion) or removed (via absorption) as a result of the project.

Vegetative Barrier Tools - User Guides
4 i-Tree Planting Calculator User Guide
In order to see values from all four of these tabs at once, proceed to Step Seven – Export Report.

Step Seven – Export Report.

Hitting export will generate an Excel spreadsheet with all relevant values included. These values will need to be imported into tab “Tree Planting – ITP” in the CNRA Calculator Tool.

Vegetative Barrier Tools - User Guides
1 WUCOLS IV Tool User Guide
Water Use Classification of Landscape Species (WUCOLS IV) Tool User Guide The University of California Agriculture and Natural Resources (UC ANR) WUCOLS tool should be used in conjunction with the DWR Water Budget Workbook in order to estimate the amount of water and type of irrigation that this project will require. This tool is available here: https://ccuh.ucdavis.edu/wucols.

Step One – Open Plant Search Database. From the tool home page, on the right-hand side click “Plant Search Database” to enter the tool itself, as shown below:

Clicking that link will open the Plant Search Database.

Step Two – Enter City/Region Name. Enter the city/Region in which the proposed project will be located using the drop-down menu or “Select a city from the map” option.

Vegetative Barrier Tools - User Guides
2 WUCOLS IV Tool User Guide
Step Three – Choose Plant Name/Type. Once the city name is entered, there are two options after the Plant Name. If the types of plant and greenery for the project have already been determined, use the “Plant Name” search box to choose the specific plants and greenery. If not, then the general Plant Type can be chosen from the list on the left, and the water usage can be chosen from the checklist on the left. In the example below, the user selected California native trees that require very low or low water usage within Bakersfield:

Step Four – Choose Plant Type. Once an appropriate plant has been identified, or once the type of plant that has already been chosen for this project is found, click on its name. An example for the first search result, Abronia Latifolia, is shown below:

Vegetative Barrier Tools - User Guides
3 WUCOLS IV Tool User Guide
Step Five – Obtain Evapotranspiration Rate. Click on the first selection Abronia Latifolia, this will take you to the next page, you will see the Water Usage by Region with the evapotranspiration rates for the chosen plant. Look for the value that matches the water usage classification for that plant, which should be highlighted in blue. An example for the first search result, Abronia Latifolia, is shown below:

The Evapotranspiration Rate, ET0, is shown in the last column. Take note of the average value from the column shown above. In the case where there is a range choosing the average percentage will be required. The ET0 value needs to be obtained for all plants that are currently at the proposed project site, as well as all of the species that would be planted as part of the project itself. Once these values have been collected, they can be entered into the next tool, the DWR Water Budget Workbook.

Vegetative Barrier Tools - User Guides
1 DWR Water Budget Workbook User Guide
DWR Water Budget Workbook User Guide
After the WUCOLS tool is run, the California Department of Water Resources’ Water Budget Workbook for New and Rehabilitated Non-Residential Landscapes (“DWR Water Budget Workbook”) should be used in order to estimate the amount of water and type of irrigation that the proposed project will require. This tool is available for download here: https://cadwr.app.box.com/s/5k39tv10u42rp5bn2uebd7fodkxzgve7 Step One – Download Tool. Clicking the link above opens an embedded workbook. In order to access the tool in Excel, click “Download” in the top right, as shown below.

This tool consists of three main tabs: Maximum Applied Water Allowance (MAWA), Estimated Total Water Use (ETWU), and Special Landscape Area (SLA).

Step Two – Specify Project Location. In the tab “MAWA,” first select the city where the proposed project will be located.

For all proposed projects, this entire workbook must be filled out twice:
• Once using the current landscape characteristics of the proposed project site (“Pre-Project Scenario”), and • Once accounting for the landscape characteristics after the proposed project is implemented (“PostProject Scenario”).

To do so, it is recommended that the applicant save two copies of the Water Budget workbook: one for the PreProject Scenario, and one for the Post-Project Scenario.

Workbook cells highlighted in blue are ones for which data should be entered. Cells highlighted in tan display results and should not be adjusted.

Vegetative Barrier Tools - User Guides
2 DWR Water Budget Workbook User Guide
“MAWA” Tab
Steps One through Two should be performed in the blue highlighted cells in the “MAWA” tab. For reference, a screenshot of this tab is provided below. Note that there is additional instruction to the left of the data entry in this tab.

Step Three – Specify Project Area. Next, enter square footage of the landscape area that is irrigated via overhead spray, as well as the square footage of landscape area that is irrigated by drip irrigation. Where prompted, also enter the square footage of any special landscape area on the project site. Special landscape area includes recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water.

Step Four – Specify Project Precipitation. If known, enter the annual precipitation at the project site in inches per year. If the annual precipitation is unknown, this cell can be left blank.

Next, move to tab “ETWU.”
Estimated Total Water Use - “ETWU” Tab
Steps Five through Eight should be performed in the blue highlighted cells in the “ETWU” tab. For reference, a screenshot of this tab is provided on the next page. Note that after download, the tool will display example data in this sheet, with six hydrozone’s listed. Delete the 1) irrigation type, 2) plant factor, and 3) hydrozone area columns before starting, see example below.

Vegetative Barrier Tools - User Guides
3 DWR Water Budget Workbook User Guide
Step Five – Specify Irrigation Type. Fill out the irrigation type (overhead spray or drip) for each hydrozone. A hydrozone is a portion of the landscaped area having plants with similar water needs. If two different types of tree are planted as part of this project, then each type of tree qualifies as its own hydrozone. Additionally, if certain areas of the landscape are irrigated in different ways then those areas would constitute different hydrozones as well. Special Landscape Areas do not need to be entered on this tab.

Step Six – Specify Area of Each Hydrozone. For each hydrozone, enter the area in square feet in the column labelled “Hydrozone Area Without SLA.” The total area entered for all hydrozones on this page should match the total area entered on the “MAWA” tab. Special Landscape Areas do not need to be entered on this tab.

Step Seven – Enter Plant Factors. Next, input the correct plant factor for each hydrozone. This plant factor will be the average evapotranspiration rate (ET0) that was obtained from the WUCOLS tool. Each type of plant will have its own plant factor, and thus may represent its own hydrozone. Special Landscape Areas do not need to be entered on this tab.

These three items will be input into the columns highlighted in blue, as shown below for a project with six example hydrozones:

Step Eight – View Results. At the bottom of this tab, the workbook will display the estimated total water usage as shown on the next page. Note this value (in gallons) for both the pre- and post-project scenarios, as it will need to be entered into tab “Tree Planting-ITP” of the CNRA calculations workbook.

Projects must comply with MAWA, per California’s updated Model Water Efficient Landscape Ordinance (MWELO).1 This workbook will show if a project complies with MAWA as shown in red font in the screenshot below.

Vegetative Barrier Tools - User Guides
4 DWR Water Budget Workbook User Guide

Note that the DWR Water Budget Workbook also includes a third tab, “SLA.” For purposes of these projects, the inputs on this tab do not affect the project results. Therefore, this tab can be ignored.

Vegetative Barrier Tools - User Guides
1 CNRA Benefits Calculator Tool User Guide
CNRA Benefits Calculator Tool User Guide
After using i-Tree Planting, WUCOLS IV, and the DWR Water Budget Workbook, the California Natural Resources Agency (CNRA) Benefits Calculator Tool can be completed for the proposed urban greening project.

To access the tool, visit the following site: https://www.arb.ca.gov/cci-resources.

Step One – Locate Tool. Scroll down to the section labelled “Natural Resources and Waste Diversion,” then look for the California Natural Resources Agency’s Urban Greening Program.

Step Two – Open Tool. Once identified, click the link for “Calculator Tool (Version 3),” as shown above, to open the tool. This will download an Excel file named “cnra_ug_finalcalculator_070820_v3.xlsx”. Open the Excel file and click the prompt to “Enable Editing” if necessary.

Step Three – Enter Project Information. Within the Excel file, two main tabs need to be updated manually. The first is labelled “Project Info.” This tab requires the applicant to enter the project name, contact information, and the requested funding amount. The items that should be filled out are highlighted in green.

Vegetative Barrier Tools - User Guides
2 CNRA Benefits Calculator Tool User Guide

While there are multiple line items set up for funding, the total amount of funding requested under the San Joaquin Valley AB 617 program should be entered in the row labelled “Total Urban Greening GGRF Funds Requested,” as shown above. Unless other funding is available, all other funding rows can be labelled as $0.

After the “Project Info” tab has been filled out, go to tab “Tree Planting-ITP.” Steps Four and Five should be entered on the “Tree Planting-ITP” tab.

Step Four – Enter Water Usages.

At the top of the “Tree Planting – ITP” tab, there are two rows to enter the estimated annual baseline on-site water use and the estimated annual on-site water use after planting. Here, enter the estimate total water usage (ETWU) from the DWR Water Budget Workbook. Enter the value from the pre-project scenario in row 16, and the value from the post-project scenario in row 17, as shown below:

Vegetative Barrier Tools - User Guides
3 CNRA Benefits Calculator Tool User Guide
Step Five – Enter Data from i-Tree Planting. In the second table on the “Tree Plating – ITP” (shown below), enter the results from the i-Tree Planting Report as prompted. Enter the results for each individual group of trees in a separate row. Once all of the green cells below have been populated, this tool will calculate emission reductions as well as water and energy savings at the bottom of the tab.

The data from the i-Tree Planting output file should match the table above as shown below:

The workbook contains two additional data entry tabs highlighted in green. The “Tree Planting-ITS” tab should not be filled out (the “Tree Planting – ITS” tab is designed as an alternative input tab for use with alternative software that is no longer supported).

The “New Bike-Ped Infrastructure” tab is used for estimating benefits from implementation of new bicycle or pedestrian infrastructure. This action was not identified as a requirement in the Vegetative Barrier/Urban Greening Program Plan, so this tab may also be skipped.

Step Six – View Results. Results are viewed on the gray-highlighted tabs, “GHG Summary” and “Co-benefit Summary”. The applicant does not need to fill in any information in these tabs. However, the applicant shall attach a copy of these results to the San Joaquin Valley Vegetative Barriers/Urban Greening Project Application form as prompted. Screenshots of these two tabs are shown on the following pages:

Vegetative Barrier Tools - User Guides
4 CNRA Benefits Calculator Tool User Guide
Tab “GHG Summary:”

Tab “Co-benefit Summary:”

Vegetative Barrier Tools - User Guides
5 CNRA Benefits Calculator Tool User Guide

Shafter Community Emissions Reduction Program
RFP for Vegetative Barriers
19 Exhibit C

EPA 600/R-16/072 | July 2016 | www.epa.gov/research
Recommendations for Constructing
Roadside Vegetation Barriers to
Improve Near-Road Air Quality
Office of Research and Development
National Risk Management Research Laboratory, Air Pollution Prevention and Control Division

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Recommendations for Constructing
Roadside Vegetation Barriers to
Improve Near-Road Air Quality
Prepared by:

Rich Baldauf
U.S. EPA
[email protected]
Office of Research and Development
National Risk Management Research Laboratory, Air Pollution Prevention and Control Division

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Contents

1.0 Introduction...................................................................................1

2.0 Physical Design Recommendations ..................................................3 Barrier Physical Characteristics ...........................................................3 Figure 1. CFD modeling analysis of varying solid noise barrier heights................4 Figure 2. Examples of effective (a) and ineffective (b) roadside barriers .............5 Vegetation Characteristics ...................................................................6 Seasonal Effects ...........................................................................6 Leaf Surface Characteristics...........................................................6 Figure 3. Example leaf characteristics including a) waxy pine needles and b) hairy leaf surfaces ...............................................................................6 Vegetation Air Emissions ................................................................6 Resistant to Air Pollution and Other Environmental Stressors ............6 Other Considerations .....................................................................7

3.0 Vegetation with Noise Barriers .........................................................8 Figure 4. Examples of effective combinations of vegetation with solid noise barriers..9

4.0 Summary.....................................................................................10 Additional Resources ...........................................................................10 Acknowledgements ..............................................................................10 References..........................................................................................11 Summary Table....................................................................................12 i

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Public health concerns related to near-road air
quality is an important environmental issue
because there are an increasing number of
health studies linking adverse health effects to
populations spending significant amounts of
time near high-traffic roads (HEI, 2010). These
effects may be attributed to increased exposure
to particulate matter, gaseous criteria pollutants,
and air toxics emitted by vehicle activity on the
road. The significant impact of traffi c emissions
on urban populations all over the world has
motivated research on methods to reduce
exposure to these pollutants. While vehicle
emission control techniques and programs to
directly reduce air pollutants emitted to the air
from transportation sources are vital components
of air quality management, these programs often
take a long time to fully implement. Thus, other
mitigation options, including the preservation
and planting of roadside vegetation and the
construction of roadside structures such as noise
barriers, are some of the few near-term mitigation
strategies available for urban developers and
facilities already subject to high pollution
levels near roads. These mitigation methods, if
successful, can complement existing pollution
control programs and regulations, as well as
provide measures to reduce impacts from sources
that are difficult to control such as brake and tire
wear and re-entrained road dust.

Several studies have investigated the role of
vegetation on pollutant concentrations in urban
areas employing modeling, wind tunnel, and field
measurements (Baldauf et al., 2008; Brode et al.,
2008; Hagler et al., 2012; Nowak, 2005; Nowak
et al., 2000; Stone and Norman, 2006; Tong et
al., 2015). Roadside vegetation has been shown
to reduce a population’s exposure to air pollution
through the interception of airborne particles or
through the uptake of gaseous air pollution via
leaf stomata on the plant surface (Petroff et al.,
2009) in addition to affecting pollutant transport
and dispersion. Noise barriers combined with
mature vegetation have also been found to result

1.0 Introduction
in lower ultrafine particle concentrations along a
highway transect compared to an open field or a
noise barrier alone (Baldauf et al., 2008; Bowker
et al., 2007). Pollution removal (O3, PM10, NO2,
SO2, CO) by urban trees in the United States (US)
has been estimated across the continental United
States using the U.S. Forest Service’s i-Tree
model (Nowak et al., 2014).

Removal of gaseous pollutants by trees can
be permanent, while trees typically serve as
a temporary retention site for particles. The
removed particles can be re-suspended to the
atmosphere during turbulent winds, washed off
by precipitation, or dropped to the ground with
leaf and twig fall (Nowak et al., 2000). These
removal mechanisms can impact local air, water
and soil pollution; thus, careful consideration of
the land uses that surround roadside vegetation
are needed when choosing species.

Trees can also act as barriers between sources
and populations, although vegetation is inherently
more complex to study than solid structures
and the effectiveness of vegetative barriers at
reducing ultrafine particle (UFP) concentration
has been shown to be variable (Hagler et
al., 2012). This variability is likely due to a
number of confounding factors. The complex
and porous structure of trees and bushes can
modify near-road concentrations via pollutant
capture or through altering air flow, which can
result in either reduced dispersion through the
reduction of wind speed and boundary layer
heights (Nowak et al., 2000; Wania et al., 2012)
or in enhanced dispersion due to increased air
turbulence and mixing. Recirculation zones have
also been observed immediately downwind of
forested areas with a flow structure consistent
with an intermittent recirculation pattern (Detto
et al., 2008; Frank and Ruck, 2008). Vegetation
type, height, and thickness can all influence
the extent of mixing and pollutant deposition
experienced at the site. The built environment
also matters greatly – air flow and impacts of
trees are substantially different for a street canyon
1

environment than an open highway environment
(Buccolieri et al., 2009; Buccolieri et al., 2011;
Gromke et al., 2008).

In addition to air quality benefi ts, roadside
vegetation can improve aesthetics, increase
property values, reduce heat, control surface
water runoff, and reduce noise pollution
(with dense, thick and tall stands). However,
vegetation can also affect driver sight lines,
protrude into clear zones along highway rightof-ways, contribute to debris on roads, present fire hazards, and be pathways for pests and
invasive species; thus, the benefits and potential
unintended consequences of roadside vegetation
need to be considered for any application.

This guidance provides insight into roadside
vegetation design characteristics that have been
shown to most effectively reduce near-road air
pollutant levels downwind of major highways in
order to implement this feature as an air pollution
mitigation strategy. This guidance is written for
general considerations applicable to multiple
scenarios, so does not address specific siting or
permitting requirements that might be required
in certain circumstances, such as planting in a
highway right-of-way or within a city park.
2

2.0 Physical Design Recommendations
Barrier Physical Characteristics
Generally, a higher and thicker vegetation
barrier will result in greater reductions in
downwind pollutant concentrations. While
studies evaluating varying heights of vegetation
barriers have been minimal, several studies have
investigated the effect of height on pollutant
reductions for solid noise barriers. Figure 1
shows results of Computational Fluid Dynamic
(CFD) modeling of solid noise barriers of varying
heights, indicating that higher barriers require
additional plume transport and dispersion above
the structure, resulting in greater downwind
pollutant reductions.

While the porosity of vegetation will allow
some air movement through the barrier, the
height of the structure will still force some air
flow up and over the vegetation, increasing
dispersion. The porosity and thickness of the
vegetation will affect the amount of air flow
allowed through the structure compared with
flow forced up and over. Generally, the lower
the porosity and thicker the barrier, the more air
flow forced over the structure. At extremely low
porosities, the vegetation will affect pollutant
transport and dispersion in a similar manner
as a solid noise barrier. However, vegetation
barrier design should allow some air fl ow through
the vegetation in order to enhance particulate
removal. Previous studies suggest porosities
between 0.5 and 0.9 to be most effective (see
Tong et al., 2016 for summary).

The integrity of the vegetation barrier must
be maintained in order to allow for pollutant
reductions downwind. Studies have shown that
gaps in vegetation barriers can lead to increased
pollutant concentrations downwind, sometimes
higher than concentrations would be if no barrier
were present. These increases can occur because
pollutant emissions from the road funnel through
the gaps; in addition, the highly porous vegetation
can cause winds to stagnate also leading to higher
downwind concentrations. Figure 2 provides
examples of a) effective barriers that have full
coverage from ground to top of canopy and b)
ineffective vegetation barriers due to gaps that
may result in higher pollutant concentrations.

In order to achieve suffi cient physical
characteristics of a vegetation barrier, multiple
rows and types of vegetation may be most
feasible. For example, a barrier could consist of
a row of bushy plants and shrubs followed by a
row of trees to enable a barrier with full coverage
from the ground to top of canopy at the initial
planting, yet achieve higher canopy heights than
feasible by bushy plants alone. In addition,
rows of multiple vegetation types may allow for
sufficient downwind pollutant removal while the
vegetation grows over time after first planting.

This approach will ensure sufficient density for
pollutant removal at the initial planting, while
allowing for increased pollutant removal as the
vegetation matures. This process will also limit
concerns of promoting plant monocultures.

In addition to passing through gaps, pollutants
can also meander around the edges of a roadside
vegetative barrier. Thus, if a vegetative barrier
will be constructed for a specifi c facility
(e.g. school, daycare, elderly care facility) or
neighborhood, it should extend sufficiently
beyond the area of concern. Research on solid
noise barriers suggests that the barrier should
extend at least 50 meters laterally beyond the area
of concern in order to maximize reductions in
downwind concentrations (Baldauf et al., 2016).

If extending the barrier laterally is not feasible,
extending the barrier perpendicular to the road,
wrapping around the area of interest, has been
shown to be effective as well (Brantley et al.,
2014).
3

Figure 1. CFD modeling analysis of varying solid noise barrier heights. For the figure above, the top panel shows no barrier, the middle panel a barrier of height, H, and the bottom panel a barrier of height 3H. The distances downwind are also relative to the barrier height. As an example, for H=6 meters, the middle panel would represent a 6 meter tall barrier and the bottom panel an 18 meter tall barrier, and the x-axis distance values would also be multiplied by 6 meters. For this fi gure, Z represents the vertical height above ground and X the distance from the nearest travel lane on the road (Hagler et al, 2012).
4

(a) (b)
Figure 2. Examples of effective (a) and ineffective (b) roadside barriers. 5

Vegetation Characteristics
Certain types and species of vegetation will
provide more air quality benefits compared to
other types of vegetation. When considering the
design and construction of a vegetation barrier,
optimal physical characteristics should be favored
to the extent feasible. However, given the vast
number of vegetation species, and the regional
differences in the feasibility and effectiveness of
specific species for a roadside barrier, specific
recommendations cannot be made. The U.S.

Forest Service’s i-Tree model (https://www.
itreetools.org) can provide a list of potential
species that best meet the factors listed below,
although users need to identify whether particular
vegetation types can survive and prosper in a
particular area of interest.

Seasonal Effects:

The vegetation chosen for a barrier should not be
subject to significant changes in characteristics
and integrity during changing seasons. Therefore,
deciduous trees that lose leaves during the cold
season should not be considered for a barrier to
mitigate air quality impacts. Instead, trees that
are not subject to significant seasonal changes,
such as coniferous plants, should be considered.

Other shrubs and bushes that are not subject to
seasonal changes can also be considered as part
of a roadside barrier.

Leaf Surface Characteristics:

Leaf surfaces can also enhance particulate
removal through diffusion and interception.

Trees and bushes with waxy and/or hairy surfaces
have been shown to preferentially remove
particulates compared to smooth leaf surfaces.

In addition, vegetation with leaf and branch
structures that provide increased surface area
for particle diffusion are preferred (Tong et al.,
2016). Figure 3 provides some example leaf
surfaces.

Vegetation Air Emissions:

When selecting vegetation for a roadside
barrier, especially at locations where sensitive
populations may be spending signifi cant amounts
of time, care must be taken to choose species
that do not emit compounds which can increase
air pollution or allergic responses. Compounds
that can be emitted by vegetation include volatile
organic compounds (VOCs), which can enhance
the formation of ozone, and high-allergy pollens.

Both can exacerbate respiratory effects and
should be avoided for roadside barriers.

Resistant to Air Pollution and Other
Environmental Stressors:

Vegetation implemented in a roadside barrier
must also be resistant to air pollution and other
traffic stressors since concentration levels will
be high. If the vegetation is not resistant and
cannot maintain its integrity, gaps will form
in the barrier, potentially leading to increased
pollutant concentrations downwind as discussed
previously. Air pollutants emitted by traffi c can
include the typical tailpipe emissions like CO,
NOx, and particulates; materials from brake
and tire wear; re-entrained road dust; and salt
and sand used for road surface treatment during
winter weather conditions.
(a) (b)
Figure 3. Example leaf characteristics including a) waxy pine needles and b) hairy leaf surfaces. 6

Other Considerations:

In addition to air quality considerations, other
potentially beneficial and adverse aspects
of vegetation need to be considered in the
construction and use of a roadside barrier. These
considerations include general physical and
species-specific factors. While location-specific
factors will need to be addressed on an individual
basis, some general considerations include:

Vegetation Maintenance – The roadside
vegetation will need to be maintained in order
to provide a protective barrier from air pollution
exposures yet not lead to safety concerns from
reduced visibility or falling debris. Maintenance
requirements will depend on vegetation type
and species, so a plan should be in place when
selecting and constructing the barrier for optimal
long-term performance. These requirements
include watering and fertilization needs,
trimming and other pruning requirements, and
overall plant care. Maintenance should also
include vegetation replacement due to die-off,
disease, or damage from accidents.

Water runoff control – An additional benefi t of
a roadside vegetation barrier can be the control
and containment of surface water runoff from the
impervious road and supporting infrastructure.

Roadside barriers constructed to provide water
runoff control can prevent localized fl ooding as
well as improve water quality in the area. For
certain regions of the country, drought resistant
vegetation that can also resist high-water events
may be most appropriate.

Native species – Whenever feasible, native
species should be considered for implementing
the roadside barrier. Native species may more
likely be robust and resistant to local climatic
conditions.

Non-invasive species – Vegetation barriers should
not be constructed from invasive species that
may not be contained within the project area
of interest, and may create problems at other
locations or at the roadside.

Non-poisonous species – For roadside vegetation
barriers located near sensitive populations, the
vegetation should not be poisonous or have the
potential to cause harm in other ways. However,
when the barrier can be isolated, this factor may
not be a concern.

Roadway Safety – Planting on or near a highway
right-of-way (ROW) requires consideration
of potential safety issues. In most cases, the
applicable highway department will require
approvals for planting near roads due to
these issues. Concerns may include creating
undesirable wildlife habitat near roadways
(e.g. deer and other animals that can exacerbate
auto accidents), preserving safe lines-of-sight
and viewshed standards for drivers on the
road, maintaining compatibility of the chosen
vegetation species with existing species, and not
obstructing outdoor advertising.
7

3.0 Vegetation with Noise Barriers
Although limited, some research suggests
that combining vegetation with a solid noise
barrier can lead to further downwind pollutant
reductions than either vegetation or a solid noise
barrier alone (see Baldauf et al., 2008). For
vegetation planted with a solid noise barrier, the
overall considerations should be the same as for
vegetation alone. However, for the vegetation to
have an additive effect for pollutant reductions,
the vegetation should exceed the top of the noise
barrier by a sufficient height in order to allow
air flow through and over the plants to enhance
pollutant removal and air mixing.

Solid barriers can vary in height; research on
air pollution reductions from these structures
has been conducted for heights between 4.5 and
6 meters. A vegetation barrier should extend
at least 1 meter above the barrier, although the
higher and thicker the plants, the greater the
downwind reduction. For shorter solid barriers,
vegetation should extend above the barrier to
a height of at least 6 meters to maximize the
potential for downwind pollutant reductions.

Figure 4 provides examples of combinations
of vegetation with solid noise barriers that could
lead to increased reductions in downwind air
pollutant concentrations.

Previous research is based on vegetation planted
behind the noise barrier (opposite side from the
road), although bushes or plants in front could
provide an added reduction if suffi ciently away
from the solid barrier to allow air to fl ow through.

Some modeling studies suggest that “green walls”
such as ivy or other climbing vegetation on solid
noise barriers may improve local air quality;
however, no air quality measurement studies have
been conducted to confirm or negate these model
results.

No research has been done on whether gaps or
spaces in vegetation along solid walls can lead
to increased downwind concentrations. Since
solid noise barriers alone can reduce downwind
pollutant concentrations, gaps in accompanying
vegetation would likely not have the same
detrimental effects as with vegetation alone,
although no empirical evidence exists to confirm
this assumption.
8

(a)
(b)
Figure 4. Examples of effective combinations of vegetation with solid noise barriers.

Panel (a) shows vegetation behind the barrier (as studied in Baldauf et al., 2008) while panel (b) shows bushy vegetation in front of the barrier (no empirical evidence available).
9

4.0 Summary
Research shows that roadside vegetation affects nearby air quality. If properly designed, vegetation barriers can be used to reduce near-road air pollution, either alone or in combination with solid noise barriers. The important factors to consider for effective roadside vegetative barriers are included in the summary table at the end of this document.

Additional Resources
Many resources exist which can aid in the siting, design and maintenance of roadside vegetation barriers to provide air quality and other benefits to local communities. Just a few examples include:
• USDA Forest Service i-Tree program (www.iTreetools.org) • State and local extension services
• EPA Stormwater Calculator (https://www.epa.gov/water-research/national-stormwater-calculator) • EPA EnviroAtlas (https://www.epa.gov/enviroatlas)
Acknowledgements
Special thanks go to the many experts who provided advice and comments for the development of these recommendations.

These experts include David Nowak (U.S. Forest Service), Greg McPherson (U.S. Forest Service), Kevin Jefferson (Urban Releaf), David Ralston (Bay Area Air Quality Management District), Tom Hanf (Michigan DOT), Drew Buckner (Michigan DOT), Gorette Yung (Michigan DOT), Kevin Sayers (Michigan DEQ), Sheila Batka (U.S. EPA), Ken Davidson (U.S. EPA), Bob Newport (U.S. EPA), Laura Jackson (U.S. EPA), Sue Kimbrough (U.S. EPA) and Vlad Isakov (U.S. EPA).
10

References
Baldauf RW, Isakov V, Deshmukh PJ, Venkatram A, Yang B., Zhang KM. 2016. Influence of solid noise barriers on near-road and on-road air quality. Atmospheric Environment. Vol 129: pp. 265–276.

Baldauf RW, Thoma E, Khlystov A, Isakov V, Bowker G, Long T. 2008. Impacts of noise barriers on near-road air quality. Atmospheric Environment. Vol 42: pp. 7502-7507.

Bowker GE, Baldauf RW, Isakov V, Khlystov A, Petersen W. 2007. The effects of roadside structures on the transport and dispersion of ultrafine particles from highways. Atmospheric Environment. Vol 41: pp. 8128-8139.

Brantley HL, Hagler GSW, Deshmukh PJ, Baldauf RW. 2014. Field assessment of the effects of roadside vegetation on near-road black carbon and particulate matter. Science of The Total Environment. Vol 468-469: pp. 120–129.

Brode R, Wesson K, Thurman J. 2008. AERMOD sensitivity to the choice of surface characteristics. 101st Annual Conference of the Air & Waste Management Association, Portland, OR.

Buccolieria R, Salimb SM, Leoa LS, Di Sabatinoa S, Chanb A, Ielpoc P, Gennarod G, Gromke C. 2011. Analysis of local scale tree–atmosphere interaction on pollutant concentration in idealized street canyons and application to a real urban junction. Atmospheric Environment. Vol 45: pp. 1702–1713.

Buccolieria R, Gromke C, Di Sabatinoa S, Ruck B. 2009. Aerodynamic effects of trees on pollutant concentration in street canyons. Science of The Total Environment. Vol 407: pp. 5247–5256.

Detto, M, Katul GG, Siqueira M, Juang, J-Y, Stoy P. 2008. The Structure of Turbulence Near a Tall Forest Edge: The Backward-Facing Step Flow Analogy Revisited. Ecological Applications, Vol 18: pp. 1420–1435.

Frank, C, Ruck B. 2008. Numerical study of the airflow over forest clearings. Forestry. Vol 81: pp. 259-277.

Gromke C, Buccolieria R, Di Sabatinoa S, Ruck B. 2008. Dispersion study in a street canyon with tree planting by means of wind tunnel and numerical investigations – Evaluation of CFD data with experimental data. Atmospheric Environment, Vol 42: pp. 8640–8650.

Hagler GSW, Lin M-Y, Khlystov A, Baldauf RW, Isakov V, Faircloth J. 2012. Field investigation of roadside vegetative and structural barrier impact on near-road ultrafine particle concentrations under a variety of wind conditions. Science of The Total Environment. Vol 419: pp. 7-15.

Health Effects Institute (HEI). 2010. Traffic-related air pollution: a critical review of the literature on emissions, exposure, and health effects. HEI Special Report 17. Health Effects Institute, Boston, MA.

Nowak DJ, Hirabayashi S, Bodine A, Greenfield E. 2014. Tree and forest effects on air quality and human health in the United States. Environmental Pollution. Vol 193: pp. 119-129.

Nowak DJ. 2005. Strategic tree planting as an EPA encouraged pollutant reduction strategy: how urban trees can obtain credit in state implementation plans. Sylvan Communities: pp. 23-27.

Nowak DJ, Civerolo KL, Trivikrama Rao S, Gopal S, Luley CJ, E. Crane D. 2000. A modeling study of the impact of urban trees on ozone. Atmospheric Environment. Vol 34: pp. 1601-1613.

Petroff A, Zhang L, Pryor SC, Belot Y. 2009. An extended dry deposition model for aerosols onto broadleaf canopies.

Journal of Aerosol Science. Vol 40: pp. 218-240.

Steffens JT, Wang YJ, Zhang KM. 2012. Exploration of effects of a vegetation barrier on particle size distributions in a near-road environment. Atmospheric Environment. Vol 50: pp. 120-128.

Stone B, Norman JM. 2006. Land use planning and surface heat island formation: A parcel-based radiation flux approach. Atmospheric Environment. Vol 40: pp. 3561-3573.

Tong, Z.; Baldauf RW, Isakov V, Deshmukh P, Zhang KM. 2016. Roadside vegetation barrier designs to mitigate nearroad air pollution impacts. Science of The Total Environment. Vol 541, pp. 920-927.

Wania, A., Brse M, Blond N, Weber C. 2012. Analysing the influence of different street vegetation on traffic-induced particle dispersion using microscale simulations. Journal of Environmental Management. Vol 94, pp. 91–101. 11

Barrier Recommendation Description
Characteristic
Physical Characteristics
Height 5 meters or higher The higher the vegetative barrier, the greater the pollutant (or extend 1+ reductions. A minimum of 5 meters should provide enough meter above an height to be above typical emission elevations for vehicles existing solid on the road. However, heights of 10 meters or more would barrier) likely provide additional pollutant reductions.

Thickness 10 meters or more The thicker the vegetative barrier, the greater the pollutant reductions. A minimum thickness of 10 meters should
provide enough of a barrier to remove particulate and
enhance dispersion. However, gaps in the barrier should be avoided. Multiple rows of different types of vegetation (e.g. bushes, shrubs, trees) should be considered for
maximum coverage and pollutant removal during all stages of the barrier.

Porosity 0.5 to 0.9 Porosity should not be too high to allow pollutants to easily pass through the barrier or cause wind stagnation. As the porosity gets lower, the vegetation barrier will perform similarly to a solid barrier, which may limit the amount of particulate removal since air is forced up and around the plants.

Length 50 meters or more Extending the barrier beyond the area of concern protects beyond area of against pollutant meandering around edges. May also concern consider constructing the barrier perpendicular from the road depending on land availability.

Vegetation Characteristics
Seasonal Vegetation not Vegetative barrier characteristics must be consistent Effects subject to change throughout all seasons and climatic conditions in order to by season ensure effective pollutant reductions.

Leaf Surface Complex waxy Leaf surfaces with complex and large surface areas will and/or hairy capture and contain more particulate pollutants as air passes surfaces with high through the structure.
surface area
Air Emissions Vegetation with Vegetation used for roadside barriers should not be sources low or no air of air pollution, either at the local or regional scale. emissions
Pollution Resistant to effects Vegetation must be able to survive and maintain its integrity and Stress of air pollution under the high pollution levels and stress that can occur Resistant and other stressors near roads in order to provide effective pollution reductions from traffic emissions. In addition to air pollution,
other stressors can include salt and sand for winter road conditioning and noise impacts
Summary Table
12

Barrier Recommendation Description
Characteristic
Other Considerations
Maintenance Plan must be Proper vegetation maintenance must be provided in in place to order for the barrier to survive and maintain its integrity properly maintain to provide effective pollution reductions from traffic vegetative barrier emissions.

Water Runoff Contain surface Roadside vegetative barriers constructed appropriately water runoff and can provide an added benefit of controlling and containing improve water surface water runoff from the road, which can also improve quality local water quality.

Drought Choose species Many regions face climatic conditions of extended drought Resistant resistant to followed by localized flooding. Vegetative barrier must drought and maintain its integrity under these conditions in order to flooding provide effective pollution reductions.

Native Species Choose native Native species will be more robust and resistant to climatic species conditions in the area of interest; thus, maintaining its integrity under these conditions in order to provide effective pollution reductions.

Non-invasive Choose non- The use of non-invasive species will ensure effective invasive species pollutant reductions without potential unintended consequences from invasive species adversely effecting
nearby land uses.

Non-poisonous Choose non- Non-poisonous species are strongly encouraged and should poisonous species be used if the barrier will be at a location with sensitive if sensitive populations, such as elementary schools, parks, and populations will recreation fields where small children may be active and in be nearby close contact.

Roadway Maintains safety Prior to planting, ensure vegetation plan will meet all Safety for drivers on the safety and other local permit requirements (e.g. local road; conforms highway department, city planning department) to preserve to local safety sight-lines and vegetation compatibility while avoiding and permit potential wildlife/auto accidents and obstruction of outdoor requirements advertising.

Summary Table
13

PRESORTED STANDARD

POSTAGE & FEES PAID
EPA
PERMIT NO. G-35
Office of Research and Development (8101R)
Washington, DC 20460
Offi cial Business
Penalty for Private Use
$300

Shafter Community Emissions Reduction Program
RFP for Vegetative Barriers
21 Exhibit D

Helpful Resources
Applicants are encouraged to review the following resources provided as they prepare their proposals.

Plant Selection Resources
• SelecTree: A Tree Selection Guide
o https://selectree.calpoly.edu/
• Allergy-Free Gardening Considerations for Asthmatic and Sensitive Residents
o http://www.allergyfree-gardening.com/
• California Native Plant Society Calscape Tool
o https://www.calscape.org/
Anti-Displacement Resources
• Greening without Gentrification Guide
o https://www.ioes.ucla.edu/wp-content/uploads/Parks-Related-AntiDisplacement-Strategies-report-with-appendix.pdf Additional Guidelines
• Recommendations for Constructing Roadside Vegetation Barriers to Improve Near-Road Air Quality
o https://www.epa.gov/air-research/recommendations-constructingroadside-vegetation-barriers-improve-near-road-air • CAL FIRE Standards and Specifications for Purchasing, Planting, and Maintaining Trees
o https://californiareleaf.org/wp-content/uploads/2021/03/Treeplanting-guidelines_final.pdf • Recommendations for Constructing Roadside Vegetation Barriers to Improve Near-Road Air Quality
o https://19january2017snapshot.epa.gov/sites/production/files/2016- 08/documents/recommendations_for_constructing_roadside_vegeta tion_barriers_to_improve_near-road_air_quality.pdf

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: WELL 14 AND TANK 2 DUE TO ELECTRICAL AND MOTOR

FAILURES EMERGENCY REPAIRS RATIFICATION

RECOMMENDATION
Council find the emergency water well and tank repair work is exempt from the California Environmental Quality Act; ratify the City Manager’s declaration of a public emergency and emergency repair work performed by Bakersfield Well & Pump and Witcher Electric at the water operations site containing Well #14 and Tank #2 valued at up to $150,000.

BACKGROUND
Last month, Public Works Staff requested the City Manager authorize emergency mechanical and electrical repairs at a City water operations site containing Well #14 and Tank #2, located at 401 Commerce Way. Initially, a tripped main electrical breaker was replaced by Witcher Electric, which restored the water storage and booster pumping provided by Tank #2. However, further inspection and troubleshooting revealed that the motor at Well #14 was also malfunctioning and in need of immediate repairs.

Well #14 is generally the highest-producing well in the City's water system. Not having Well #14 operational would mean the risk of significantly lower water pressures and flows for daily demand and suppressing fires. As a result, the City Manager authorized the Public Works Department to immediately contract with Bakersfield Well & Pump (BWP) to remove the motor and pump for detailed inspection. BWP later identified the need for motor repairs, including new bearings, a motor rewind, and replacement of tubes and shafts. Additionally, a video inspection of the well revealed the need for interior cleaning to ensure the integrity of the well perforations and overall well production, which was authorized and overseen by Public Works.

Normally, the City’s purchasing regulations would require the City to put the repairs out to bid. However, Shafter Municipal Code Section 2.68.230 authorizes the City Manager to declare an emergency and contract for the repairs to avoid danger to life, health or property. Shafter Municipal Code, Section 2.68.230 provides:
“In cases of great emergency, as determined by the City Council by resolution, including but not limited to, states of emergency as defined in Section 8558 of the

WELL 14 AND TANK 2 DUE TO ELECTRICAL AND MOTOR FAILURES EMERGENCY REPAIRS

RATIFICATION
- 2 -
Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of a public agency or to avoid danger to life, health or property, the City Council, by majority vote, may proceed at once to expend any sum required in the emergency to replace or repair any public facility without adopting plans, specifications or working details or giving notice for bids as provided in this chapter. The work may be done by day labor under the direction of the City Manager, by contract, or by a combination of the two. The City Council, by majority vote, may delegate to the City Manager the power to declare a public emergency subject to confirmation by the City Council, by a four-fifths majority vote, at its next meeting.”
In addition, California Public Contract Code Section 22050 requires that before a governing body takes action related to contracting under an emergency declaration, the governing body shall “make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.”
The purpose of this item is to declare the failure of Well #14 to be an emergency that necessitated immediate repairs to avoid service disruptions that would significantly negatively impact public health and safety and to resume normal operations at the facility.

This action now requires the Council to confirm/ratify these actions by a four-fifths (4/5) vote. As noted, compliance with competitive bidding procedures typically takes several months and would not allow prompt action to be taken, as required to safeguard access to the City's municipal water supply.

To date, while the restoration is currently ongoing, its final cost forecast is $150,000. The work authorized by Public Works and the emergency declaration that prompted the work should still be ratified by the Council.

FISCAL IMPACT
The Water Capital Improvement Program (CIP) is funded for major well repairs (CIP Project Account No. WA00001). No budget action is required for the completed work.

CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA Guidelines because the project is emergency repair of Well 14 and Tank 2 that replaces existing water and tank components that will be located at the same site and will have substantially the same purpose and capacity as the components being repaired.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

WELL 14 AND TANK 2 DUE TO ELECTRICAL AND MOTOR FAILURES EMERGENCY REPAIRS

RATIFICATION
- 3 -

1. Bakersfield Well & Pump Repair Estimate

2. Witcher Electric Repair Estimate

Invoice
DATE
10/18/2024
INVOICE #
41119AA

BILL TO
City of Shafter
336 Pacific Ave
Shafter, Ca 93263
Witcher Electric, Inc.
3810 Laborde Place Suite A
Bakersfield, Ca. 93308
P.O. NO. TERMS
Net 30
Total

ITEM QUANTITY DESCRIPTION RATE AMOUNT
Tank 2 Main Breaker
Met with PG&E to disconnect power and
change breaker. Changed and tested. Found
well motor was bad causing breaker to trip. Air
gapped well.

Technician Daniel Witcher 6 76.80 460.80
Electrician Chance Albitre 6 70.12 420.72
Service Truck Truck #5 6 16.94 101.64
Subtotal 983.16
Material-nont EAT***HND312T36W/12NES1200T 782113 1 21,216.00 21,216.00 Material-nont EAT TA1200NB1 MOLDED CASE CIRCUIT B
78667961231
1 489.60 489.60
Subtotal 21,705.60
Sales Tax 7.25% 0.00
$22,688.76

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: David Franz, Community Services Director
SUBJECT: GOSSAMER GROVE LIBRARY BRANCH FURNITURE

PURCHASE WITH ARPA FUNDS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the expenditure for Gossamer Grove Library Branch furniture per the quote provided by Demco, Inc. and estimated $10,000 for a selfcheckout station from MK Solutions for a total expenditure not to exceed $50,000.

BACKGROUND
As part of the ARPA Phase II funding program, the City has prioritized projects that improve community resources and enhance public service delivery. At the March 7, 2023 City Council meeting, Council approved a list of items for funding, including $50,000 for the Gossamer Grove Library Branch. The Gossamer Grove Library Branch has been identified as a key community asset in need of updated furnishings to quickly bring the branch online, allowing library services to begin as soon as the building is ready for occupancy. This aligns with the ARPA funding goals to strengthen essential community facilities, supporting educational resources, digital connectivity, and workforce development opportunities for residents.

These essential furnishings will meet immediate operational needs, supporting a welcoming, accessible environment. The total quoted cost for furniture is $39,208.24, which includes merchandise ($32,133.00), shipping ($4,424.79), and taxes ($2,650.45).

The estimated cost for a self-checkout station is $10,000. These items are critical to providing library services promptly and will be instrumental in establishing a fully functional library space that caters to the needs of the community.

FISCAL IMPACT
All funds will be supplied from the American Rescue Plan Act. There is no fiscal impact from this item.

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

GOSSAMER GROVE LIBRARY BRANCH FURNITURE PURCHASE WITH ARPA FUNDS - 2 -

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Demco GG Branch Furniture Quote

2. Self Check Device PS-MKS-SC4-EN Quote

 International  800.356.1200
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Shipment #2 $729.90
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contact name contact number
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Inside Delivery add $45.00
1 items in shipment 
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SelfCheck SC4
Innovative design to meet changing patron needs
MKS-SC4-EN [email protected] www.mksolutions.com

SelfCheck SC4
Innovative design to meet changing patron needs
SelfCheck SC4 Features & Benefits
The SC4 modular design gives libraries the flexibility to change as their needs change. Meaning it can be a freestanding kiosk, a tabletop model, or be built onto/into library counters; the library can easily convert the unit by adding or removing the stand.

The SelfCheck includes a Touch-PC with surface protection against dust and high quality powder-coated housing, making it extremely durable. A 22" touchscreen display can be positioned in either landscape or portrait orientation, which can be changed by staff. A durable anti-scratch glass counter allows room for larger transactions and personal belongings. Since mk’s SelfChecks are UL & CE listed, ADA/CDA-compliant, the mk SelfCheck ensures additional safety for staff and patrons. The SC4 is equipped with an easy-to-change, built-in receipt printer, barcode scanner, and RFID reader.

Patrons can check out or access their account by scanning their library card, smartphone, or entering their patron number with PIN number (if applicable). Items to be checked out, renewed, or returned are placed on the RFID antenna in a stack or read by the barcode scanner. If the library enables the Account View, patrons are able to view item due dates, renew items, and pay fines and fees via mk’s LibSoft software.

The library has options to enable or disable SelfCheck features including, but not limited to printing a receipt, receiving an emailed receipt, or declining a receipt during the checkout, check-in, and renewal process. Optional items include card/cash payment, braille, audio, library calendar, OverDrive, and Novelist integration.

Tabletop SelfCheck Receipt Paper Drawer Kiosk in Portrait Orientation MKS-SC4-EN [email protected] www.mksolutions.com

SelfCheck SC4
Innovative design to meet changing patron needs
SelfCheck SC4 Technical Data
▪ Built-in (on library's countertop): 10” x 10” x 17” (w x d x h) | Weight 33 lbs. ▪ Tabletop: 18” x 24” x 23” (w x d x h) | Weight 50 lbs. ▪ Kiosk: 18” x 24” x 55” (w x d x h) | Weight 99 lbs.
▪ Counter 18" anti-scratch glass (32" optional)
▪ Touchscreen: 22" in portrait or landscape orientation (width 20.5") ▪ Power & Network: 1 x 120V, 60Hz + 1 x data, RJ45 standard data outlet ▪ Certifications: UL-listed, CE-certified, ADA/CDA-compliant MKS-SC4-EN [email protected] www.mksolutions.com

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: David Franz, Community Services Director
SUBJECT: AQUATIC CENTER CONSULTANT AGREEMENT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the professional services agreement with Total Aquatic Management for a feasibility study and preparation of an RFP for the operation of the Shafter Aquatic Center, with a total contract amount not to exceed $6,480; approve a budget amendment to increase the Community Services - Professional Services budget by $6,480, funded from the General Fund, to cover the consultant’s fees; and authorize the City Manager to execute the agreement and any necessary related documentation.

BACKGROUND
On August 6, 2024, the City Council directed Staff to issue a request for qualifications (RFQ) to evaluate the operational feasibility of the Shafter Aquatic Center. However, feedback from potential pool operators revealed concerns that conducting a feasibility study could disqualify them from later bidding to operate the facility. Therefore, staff sought an independent consultant with no vested interest in future bids for pool operations. Jim Wheeler of Total Aquatic Management, a consultant specializing in aquatic facility management but not involved in operating pools, was identified as a suitable candidate to provide an informed and impartial analysis.

Total Aquatic Management, led by Jim Wheeler, will deliver the following services:

Feasibility Study: This will include a detailed analysis of the operational requirements, cost estimates, risk management, staff certification needs, and maintenance parameters for the Shafter Aquatic Center.

Based on the feasibility findings, the consultant will prepare an RFP document for pool operation services and assist in the review of respondents to ensure alignment with the City’s operational expectations. These deliverables will provide the City with an independent, informed perspective on pool operations, ensuring that the City is wellpositioned to evaluate potential operators’ qualifications and suitability.

Jim Wheeler’s extensive background in aquatic management without direct operational involvement positions him uniquely to provide an objective assessment, meeting Council's directive for a fair and unbiased evaluation. The contract is expected to be completed by January 2025, enabling preparation for the next operational season.

AQUATIC CENTER CONSULTANT AGREEMENT
- 2 -

FISCAL IMPACT
This professional services contract was not included in the current fiscal year’s budget, requiring an amendment. A transfer of $6,480 from the General Fund to the Community Services - Professional Services budget will cover the consultant’s fees.

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

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. 2024 Consulting Proposal TAM 10.29.26

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: LENNAR HOMES OF CALIFORNIA, LLC COMPLETION OF
PUBLIC IMPROVEMENTS AGREEMENT FOR TRACT 7447

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; approve an agreement for the completion of Public Improvements with Lennar Homes of California, LLC for Tract 7447 subject to review and approval by the City Attorney and City Engineer; and authorize the City Manager to execute said agreement.

BACKGROUND
Tract 7447 is under development on the north side of 7th Standard Road between Gossamer Grove Boulevard and the Friant-Kern Canal. The tract is within the development of the Gossamer Grove Specific Plan. The developer, Lennar Homes of California, LLC desires to file and record the tract map before completing all public improvements conditioned by the City (street, sewer, water, utilities, landscaping, etc.), which requires them to enter into an agreement with the City to ensure that the improvements are eventually constructed. This is a common practice that has worked for past residential developments and such an agreement has been prepared for this tract.

FISCAL IMPACT
The costs to prepare and facilitate the public improvements agreement for Tract 7447 are funded by the landowner or the developer through fees for plan checking. Once the improvements are completed and dedicated to the City and a warranty period has expired, costs to maintain the improvements will be covered in future operations budgets. No budget action is required.

CEQA ANALYSIS
The action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of an agreement for the completion of public improvements for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

LENNAR HOMES OF CALIFORNIA, LLC COMPLETION OF PUBLIC IMPROVEMENTS AGREEMENT FOR TRACT 7447
- 2 -
Yes

ATTACHMENTS
None

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: LERDO HWY FROM SCHNAIDT STREET TO VALLEY STREET (#ST000038.25) RECONSTRUCTION PROJECT PROFESSIONAL

SERVICES CONTRACT TO SAN JOAQUIN ENGINEERING
AWARD

RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; approve a budget appropriation of $25,000 in Transportation Development Act funds to Capital Improvement Project No. ST000038.25; approve a professional engineering services agreement with San Joaquin Engineering, Inc. (SJE) in an amount up to $25,000 to provide design services for said project; and authorize the Public Works Director to award said professional services agreement.

BACKGROUND
The City of Shafter was recently awarded $749,849 in Federal funding through the Regional Surface Transportation Program (RSTP) to support the reconstruction of Lerdo Highway from Schnaidt Street to Valley Street. This funding has been programmed in Federal Transportation Improvement Program (FTIP) fiscal year 2025- 2026.

The City requested and received a proposal from San Joaquin Engineering, Inc. (SJE) to develop reconstruction plans for the funded project. Their scope includes producing comprehensive construction drawings, including profiles for flowline and centerline, plan views for street and sidewalk improvements, and street striping. Additionally, SJE will survey the existing site to ensure proper elevation tie-ins and the feasibility of the design. SJE provided a time-and-materials (T&M) proposal with a not-to-exceed limit of $25,000 to complete engineering drawings.

FISCAL IMPACT
Currently, this project is not included in the approved Capital Improvement Plan. A new project ST000038.25 will need to be created and an allocation of $25,000 from the Transportation Development Act (TDA) will need to be approved to cover the design proposal cost.

CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA

LERDO HWY FROM SCHNAIDT STREET TO VALLEY STREET (#ST000038.25)

RECONSTRUCTION PROJECT PROFESSIONAL SERVICES CONTRACT TO SAN JOAQUIN

ENGINEERING AWARD
- 2 -
Guidelines because the project is design and reconstruction of existing Lerdo Highway from Schnaidt Street to Valley Street that involves negligible or no expansion of existing or former use.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. San Joaquin Engineering, Inc. - Proposal

200 NEW STINE, SUITE 175 ♦ BAKERSFIELD, CA 93309 ♦ PHONE/FAX: 661-336-0977 October 29, 2024
Michael James
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Re: Proposal for Professional Civil Engineering Services Agreement: Reconstruction Plans - Lerdo Hwy. from Schnaidt St. to Valley St.

Dear Mr. James,
Thank you for the opportunity to submit this professional engineering services proposal for the Reconstruction Plans - Lerdo Hwy. from Schnaidt St. to Valley St. project located in Shafter, CA.

This correspondence constitutes our formal submittal and request for consideration.

San Joaquin Engineering is a full service engineering company fully equipped to accommodate the needs of virtually any project. My personal experience spans 40 years of extensive experience in residential, commercial, and industrial land development projects in both the private and public sectors. I believe this experience on both sides of the counter has given me a unique perspective that will translate to the best possible service to my clients.

The following outlines the anticipated scope of work for the project and the associated fixed fee.

Construction Drawings
Lerdo Hwy Reconstruction Plans T&M, Not to Exceed: $ 25,000 Prepare and provide street reconstruction plans along Lerdo Hwy between Schnaidt Street and Valley Street. Plan set will provide profiles designs for flowline and centerline, plan view design for street and sidewalk improvement, and street striping. Survey the existing site to provide proper tie-in elevations and ensure a feasible design for the plan set.

Please feel free to contact our office should you have any questions or comments regarding this project. Hunter Troxel ([email protected]) can address any questions you may have.

Respectfully,
Brett Dawson
Brett Dawson, P.E.

APPROVAL OF ENGINEERING SERVICES AGREEMENT

AUTHORIZATION TO PROCEED
Engineer is hereby authorized to commence with entitlement services for Reconstruction Plans - Lerdo Hwy. from Schniadt St. to Valley St. in the city of Shafter, CA as outlined in the proposal dated October 29, 2024.

Approved By:

Consultant: Client

Signature Signature
Brett Dawson
President, San Joaquin Engineering, Inc. Name
License No. C54058

Title

Date
Date
Special Provisions:
a. City to provide geotechnical soils report and R-values as required. b. Consultant will provide any subconsultant services and invoice the City at cost plus 10%. c. Consultant will consult with City once the budget has reached 80% to determine whether or not a change order is warranted.

Exclusions:
a. Construction specifications
b. Dust control plans
c. Easement documents
d. SWPPP
e. Construction Management, staking and inspection.
10-29-2024

200 NEW STINE ROAD, SUITE 175  BAKERSFIELD, CA 93309  PHONE/FAX: 661-336-0977

FEE SCHEDULE
(2024)
Classification Standard Rate
(Per Hour)
Principal: $200.00
Senior Civil Engineer: $185.00
Senior Licensed Land Surveyor: $200.00
Civil Engineer: $175.00
Licensed Land Surveyor: $175.00
Office Engineer/Project Manager: $160.00
Office Survey Technician: $140.00
Cad Design Technician: $120.00
Cad Technician: $90.00
Administrative Assistant $75.00
Secretary: $60.00
Construction Inspector $130.00
1-Man Survey Crew: $170.00
2-Man Survey Crew: $225.00
3-Man Survey Crew: $270.00
Computer Plotter: $85.00
Mileage: $0.65 per mile
Outside Consultants Cost + 10%
Expenses Standard Rate
Materials, printing, postage, shipping, etc. Cost plus 15%

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE
NOVEMBER 5, 2024

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt the City of Shafter Employee Bi-Weekly Pay Schedule effective November 5, 2024.

BACKGROUND
On November 5, 2024, the City Council approved the salary adjustments outlined below.

Position Range Bi-Weekly
Pay
Action
Human Resources Director DIRNS
384
$6,503 -
$7,905
Reclassification
Information Technology
Director
DIRNS
384
$6,503 -
$7,905
Reclassification
Planning Director DIRNS
384
$6,503 -
$7,905
Salary Adjustment
Pursuant to California Code of Regulations (CCR) Section 570.5, CalPERS requires that a pay schedule be adopted by the City Council to formally authorize the employee pay rates and earnable reportable compensations. For City Council adoption, enclosed is the revised City of Shafter Employee Bi-Weekly Pay Schedule effective November 5, 2024.

FISCAL IMPACT
A budget amendment was authorized by the City Council on November 5, 2024, for the adjustments to the salaries. A budget amendment is not required for the approval of the City's pay schedule.

EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 5, 2024 - 2 -

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

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective 2024 11 05

TITLE SALARY GRID RANGE ABCDE
Accounting Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Accounting Technician I NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Accounting Technician II NR-NS 167 2,378 $ 2,497 $ 2,622 $ 2,753 $ 2,891 $ Accounting Technician III NR-NS 188 2,622 $ 2,753 $ 2,891 $ 3,035 $ 3,187 $ Administrative Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Administrative Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Administrative Assistant I NR-NS 147 2,169 $ 2,278 $ 2,392 $ 2,511 $ 2,637 $ Administrative Assistant II NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Administrative Assistant (PT/Extra Help) Tier I NR-NS Hourly 25.16 $ Administrative Assistant (PT/Extra Help) Tier II NR-NS Hourly 27.11 $ Animal Control Manager SPOA-NS 212 2,906 $ 3,052 $ 3,204 $ 3,364 $ 3,533 $ Animal Control Officer SPOA-NS 155 2,230 $ 2,342 $ 2,459 $ 2,582 $ 2,711 $ Animal Control Services Worker NR-NS 70 1,534 $ 1,611 $ 1,691 $ 1,776 $ 1,865 $ Budget Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Budget Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Building Inspector I NR-NS 232 3,223 $ 3,384 $ 3,553 $ 3,731 $ 3,917 $ Building Inspector II NR-NS 253 3,559 $ 3,737 $ 3,923 $ 4,119 $ 4,325 $ Building Inspector Supervisor NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Building Official, Chief DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ City Clerk NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ City Engineer NR-NS 365 6,091 $ 6,395 $ 6,715 $ 7,051 $ 7,403 $ City Manager Contract 8,077 $
Code Enforcement Officer I NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Code Enforcement Officer II NR-NS 202 2,799 $ 2,939 $ 3,086 $ 3,241 $ 3,403 $ Community Engagement Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Community Service Officer (PT) - Tier I Hourly 27.85 $
Community Service Officer (PT) - Tier II Hourly 30.01 $ Community Services Assistant I (PT) - Tier I Hourly 23.00 $ Community Services Assistant I (PT) - Tier II Hourly 24.78 $ Community Services Assistant II (PT) - Tier I Hourly 26.15 $ Community Services Assistant II (PT) - Tier II Hourly 28.18 $ Community Services Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Community Services Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Economic Development Coordinator NR-NS 277 3,989 $ 4,189 $ 4,398 $ 4,618 $ 4,849 $ Economic Development Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Engineer I NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Engineer II NR-NS 243 3,394 $ 3,563 $ 3,742 $ 3,929 $ 4,125 $ Equipment Operator SEIU 137 2,189 $ 2,299 $ 2,414 $ 2,534 $ 2,661 $ Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Finance Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ GIS Specialist I NR-NS 186 2,597 $ 2,727 $ 2,863 $ 3,007 $ 3,157 $ GIS Specialist II NR-NS 207 2,866 $ 3,009 $ 3,159 $ 3,317 $ 3,483 $ Human Resources Analyst I NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Human Resources Analyst II NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Human Resources Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Information Technology Analyst NR-NS 265 3,767 $ 3,956 $ 4,154 $ 4,361 $ 4,579 $ Information Technology Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Information Technology Manager, Assistant NR-NS 293 4,306 $ 4,521 $ 4,747 $ 4,985 $ 5,234 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/05/2024 - Revised 11/05/24 - Adopted 11/19/24 )

TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/05/2024 - Revised 11/05/24 - Adopted 11/19/24 ) Information Technology Specialist I NR-NS 199 2,760 $ 2,898 $ 3,043 $ 3,196 $ 3,355 $ Information Technology Specialist II NR-NS 238 3,315 $ 3,481 $ 3,655 $ 3,837 $ 4,029 $ Intern - Tier I Hourly 16.00 $
Intern - Tier II Hourly 17.24 $
Mechanic SEIU 157 2,399 $ 2,519 $ 2,645 $ 2,777 $ 2,916 $ Permit Technician NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Planner, Associate NR-NS 205 2,839 $ 2,981 $ 3,130 $ 3,286 $ 3,450 $ Planner, Senior NR-NS 281 4,066 $ 4,269 $ 4,482 $ 4,707 $ 4,942 $ Planning Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Police Captain NR-S 344 5,809 $ 6,100 $ 6,405 $ 6,725 $ 7,061 $ Police Chief DIR-S 384 6,865 $ 7,209 $ 7,569 $ 7,948 $ 8,345 $ Police Dispatch Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Dispatcher SPOA-NS 154 2,220 $ 2,331 $ 2,448 $ 2,570 $ 2,699 $ Police Lieutenant NR-S 306 4,838 $ 5,080 $ 5,334 $ 5,601 $ 5,881 $ Police Officer SPOA-S 205 3,024 $ 3,176 $ 3,334 $ 3,501 $ 3,676 $ Police Officer, Senior SPOA-S 226 3,338 $ 3,504 $ 3,680 $ 3,864 $ 4,057 $ Police Officer Trainee - Tier I Hourly 25.50 $
Police Officer Trainee - Tier II Hourly 27.48 $
Police Records Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Records Technician NR-NS 163 2,336 $ 2,452 $ 2,575 $ 2,704 $ 2,839 $ Police Property & Evidence Technician NR-NS 204 2,825 $ 2,966 $ 3,115 $ 3,271 $ 3,434 $ Police Sergeant SPOA-S 262 3,957 $ 4,155 $ 4,363 $ 4,581 $ 4,810 $ Public Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Public Works Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Public Works Director, Assistant NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Director, Deputy NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Inspector NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Public Works Manager NR-NS 340 5,397 $ 5,667 $ 5,951 $ 6,248 $ 6,561 $ Service Crew Member I SEIU 106 1,901 $ 1,996 $ 2,096 $ 2,201 $ 2,311 $ Service Crew Member II SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Service Crew Member, Senior SEIU 172 2,572 $ 2,700 $ 2,835 $ 2,977 $ 3,126 $ Social Media Relations Assistant (PT/Extra Help) - Tier I NR-NS Hourly 27.11 $ Social Media Relations Assistant (PT/Extra Help) - Tier II NR-NS Hourly 29.21 $ Teacher (PT) - Tier I Hourly 39.69 $
Teacher (PT) - Tier II Hourly 42.76 $
Transit Driver (FT) NR-NS 83 1,625 $ 1,706 $ 1,791 $ 1,881 $ 1,975 $ Transit Driver (PT) - Tier I Hourly 18.33 $
Tranist Driver (PT) - Tier II Hourly 19.75 $
Transit Driver, Lead NR-NS 116 1,884 $ 1,978 $ 2,077 $ 2,181 $ 2,290 $ Utilities Manager NR-NS 269 3,839 $ 4,031 $ 4,233 $ 4,445 $ 4,667 $ Utility Billing Clerk (PT/Extra Help) - Tier I Hourly 22.60 $ Utility Billing Clerk (PT/Extra Help) - Tier II Hourly 24.35 $ Utility Operator I SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Utility Operator II SEIU 173 2,584 $ 2,713 $ 2,848 $ 2,991 $ 3,140 $ Utility Technician SEIU 205 2,999 $ 3,149 $ 3,306 $ 3,471 $ 3,645 $ The numbers on this schedule are rounded to the nearest dollar and may vary slightly from actual payroll calculations due to rounding.

FULL-TIME PART-TIME
Spanish 5% $55.39 $55.39
Prorate per hour =
$1,440 Annual
Student +60 Units 2.5%
Associate Degree 2.5%
Bachelor Degree 5%
POST Intermediate 5% 5%
POST Advanced 5% 5%
POST Supervisor 2.5% 2.5%
Arborist (ISA Arborist) 2.5% 2.5%
Arborist (Tree Risk Assess.) 0.5% 0.5%
Arborist (Muni Spec.) 0.5% 0.5%
ASE (G1 and A1-A8 Master) 2.5% 2.5%
ASE (Medium/Heavy Truck) 1.0% 1.0%
ASE (Transit Bus Master) 1.0% 1.0%
Water (Distribution or Treatment) D1/T1 None None
Water (Distribution or Treatment) D2/T2 2.5% 2.5%
Water (Distribution or Treatment) D3/T3 1.5% 1.5%
Water (Distribution or Treatment) D4 1.0% 1.0%
Other Up to 5%
3 Years 2.5%
5 Years 2.5% 2.5%
7 Years 2%
10 Years 2.5% 2.5%
12 Years 2%
15 Years 2.5% 2.5%
16 Years 2%
20 Years 1% 2.5% 2.5%
Canine 2.5%
Shift Differential - Sworn (7 p.m. - 7 a.m.) $1.00/hr
Shift Differential - Dispatch (6 p.m. - 6 a.m.) $1.00/hr CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/05/2024 - Revised 11/05/24 - Adopted 11/19/24 )

PREMIUM PAY FLAT AMOUNT AND/OR PERCENTAGE OF BASE BIWEEKLY AMOUNT

INCENTIVE

SHAFTER POLICE

OFFICER ASSOCIATION

SEIU PUBLIC WORKS
UNIT

NONREPRESENTED EMPLOYEES
Longevity
Special Assignment
Bilingual
Education Incentive (5% Maximum)
Certificates

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: PUBLIC TRANSIT DIVISION STAFFING AND COMPENSATION

ADJUSTMENT PROPOSAL

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; staff recommends that the City Council approve the following actions to ensure the efficient and safe operation of Shafter's Public Transit services, funded exclusively through federal and state grants:

1. Address safety concerns highlighted by previous city management, which identified the need to improve working conditions for drivers who currently manage multiple responsibilities while driving.

2. Convert two part-time driver positions to full-time status to meet the demands of our expanding service area, particularly with the new route serving Wonderful Industrial Park.

3. Approve pay adjustments for transit drivers to align compensation more closely with market rates as demonstrated in the recent comparative study, enhancing recruitment and retention.

4. Approve a budget adjustment within the transit fund where the general fund is NOT impacted.

BACKGROUND
The Public Transit Division is undergoing changes that necessitate immediate staffing adjustments to ensure continued service quality and safety. Key developments include:
▪ Staffing Needs: The recent departure of Alma, a part-time driver, has created an urgent need for a replacement. Alma’s performance was previously under review, but her absence leaves us short-staffed at a critical time, particularly as we are piloting a new route to Wonder Industrial Park. Additionally, another parttime driver, Becky, has announced plans to retire within the next year, which would further impact our staffing.
▪ Safety Concerns: Former City Manager Gabriel Gonzalez previously raised safety concerns regarding the multitasking demands of drivers, who are currently expected to manage fare collection, phone communication, and routing via an iPad while driving. Gonzalez stressed that these conditions pose a safety risk that should be a top priority for mitigation. A dispatch solution would improve safety conditions.

PUBLIC TRANSIT DIVISION STAFFING AND COMPENSATION ADJUSTMENT PROPOSAL - 2 -
▪ Compensation Discrepancies: Shafter is competitive in compensating most city employees compared to neighboring cities, particularly Wasco. However, transit drivers have not benefited from recent salary adjustments, creating a disparity that HR's recent compensation study has highlighted. Addressing this discrepancy will improve the city's ability to attract and retain qualified drivers, essential for consistent public transit operations.

This proposal does not impact the City’s General Fund, as public transit operations are fully funded through designated federal and state grants. Current funding is secure for the foreseeable future. Approval of this proposal would ensure that the Public Transit Division is adequately staffed, maintains safe operations, and remains competitive in its compensation practices. Transitioning two part-time positions to full-time status and implementing pay adjustments would result in no net increase in headcount, maintaining the division’s current size with four drivers, and better positioning Shafter to meet the expanding transit demands of the community.

FISCAL IMPACT
This proposal does not impact the City’s General Fund, as public transit operations are fully funded through designated federal and state grants. A budget adjustment in the amount of $7,000 is needed within the public transit fund.

CEQA ANALYSIS
The proposed action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because it involves the approval of staffing and compensation adjustments within the Public Transit Division, which is funded by federal and state grants. This action constitutes a governmental fiscal activity that does not involve any commitment to a specific project with the potential for a significant environmental impact. Therefore, this action is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. 241031 HR Transit Comp Study

Submitted by: Carol Chavolla, HR/Risk Manager
336 Pacific Ave
Shafter, CA 93263
Direct Line: (661) 746-5041
Email: [email protected]

TRANSIT DIVISION

COMPENSATION STUDY RESULTS

2 TABLE OF CONTENTS
BACKGROUND ____________________________________________________________ 3 STUDY PROCESS _________________________________________________________ 4 Classifications ___________________________________________________________ 4 Matching Methodology _____________________________________________________ 4 Comparator Agencies _____________________________________________________ 4 Benefits Data ____________________________________________________________ 4 Data Collection ___________________________________________________________ 5 MARKET COMPENSATION FINDINGS _________________________________________ 6 Top Annual Base Salaries __________________________________________________ 7 Total Compensation _______________________________________________________ 7 New Classification ________________________________________________________ 8 Recommendation _________________________________________________________ 9 Fiscal Impact ____________________________________________________________ 9 Alternatives ____________________________________________________________ 10

3 BACKGROUND
The Human Resources staff concluded the Transit Division Compensation Study. The compensation findings are found in this report.

The compensation review process was precipitated by:
 The operational need to restructure the transit division to add full-time permanent Transit Drivers and a full-time Transit Dispatcher.

The goal of the compensation study is to assist the City in developing a competitive pay and benefits structure, which is based on market data to ensure that the plan is fiscally responsible, and meets the needs of the City with regard to the recruitment and retention of qualified staff.

4 STUDY PROCESS
Classifications
The Transit Division compensation study included two non-represented classifications. The classifications surveyed included:

Classification Title Unit

1. Lead Transit Driver Non-Represented

2. Transit Driver Non-Represented
Matching Methodology
When contacting the comparator agencies to identify possible matches for each of the classifications, there is an assumption that there won’t be comparators that are 100% equivalent to the classifications in the City. Therefore, classifications are not matched based on job titles, which can often be misleading. Instead, the analysis is based on each class description before it is considered a comparator. To be included as a matched position, the position’s “likeness” is to be at approximately 70%.

Comparator Agencies
Below is the list of the comparator agencies included in the analysis:
 City of Arvin
 City of Delano
 City of McFarland
 City of Taft
 City of Wasco
Benefits Data
The last element to consider prior to beginning a market study is the specific benefit data that will be collected and analyzed. The following information was collected for the classifications:
1) Annual Base Pay: The top of the salary range is reflected in the analysis. All figures are presented on an annual basis.

5 2) Bilingual Incentive: An incentive available to employees for their ability to speak Spanish.
3) Longevity: A retention incentive available to employees based on their years of service.
4) Employee Retirement: This includes several figures, 1) the amount of the employee’s CalPERS retirement contribution that is contributed by each agency, and 2) the amount of the Medicare and Social Security Contributions. 5) Health Insurance: This is the maximum amount paid by the agency on the base plan for employees and dependents for medical, dental, and vision benefits.

Data Collection
Data was collected during the month of October 2024, through websites, telephone calls with human resources or finance personnel at each comparator agency, and review of agency documentation of classification descriptions, memorandums of understanding, salary schedules, and other documents.

6 MARKET COMPENSATION FINDINGS
A summary of the results is listed below. For each surveyed class, there are two (2) categories as follows:
 Market Base (Top Step) Salary Summary Data
 Market Total Compensation (Top Step) PEPRA CalPERS Member (hired on or after January 1, 2013 or has a break in service of more than six months from a different CalPERS agency)
The analysis includes the average (mean) and median (midpoint) comparator for each classification. The average provides a general idea of the central tendency of salaries, but it can be skewed by extreme values (i.e., particularly high or low salaries). The median is the exact midpoint of all the market data collected, with 50% of market data below and 50% of market data above. It is recommended to use the median methodology because it is not skewed by extremely high or low salary values (unlike the average).

The following classification lacked adequate data due to the insufficient number of comparable agencies. As a result, we will utilize internal factors to formulate a recommendation for salary compensation.
 Transit Driver, Part-time
City of
Shafter
Market
Average
% Shafter
above or below
Market
Median
% Shafter
above or
below
Transit Driver, Lead 4 $ 59,540.00 $ 57,170.02 3.98048% $ 55,104.00 7.45045% Transit Driver, Full-time 5 $ 51,350.00 $ 50,319.88 2.00607% $ 49,663.00 3.28530% Transit Driver, Part-time - Tier II 1 $ 19.75
Classification # of
Matches
Base Annual Salary Data
Insufficient Data
City of Shafter Market
Average
% Shafter
above or
below
Market
Median
% Shafter
above or
below
Transit Driver, Lead 4 $ 98,313.17 $ 91,826.83 6.59763% $ 93,809.61 4.58084% Transit Driver, Full-time 5 $ 88,615.56 $ 83,738.99 5.50306% $ 86,227.38 2.69498% Transit Driver, Part-time - Tier II 1
Classification # of
Matches
Total Annual Compensation Data - PEPRA
Insufficient Data

7 Top Annual Base Salaries
Market base salary results show that both classifications surveyed are paid slightly above the market median as follows:
% Above the Market Median # of Classifications
Less than 5% 1 – Transit Driver (3.2853%)
5% - 10% 1 – Lead Transit Driver (7.45045%)
Total Compensation
The City of Shafter has a generous benefits package resulting in total compensation data reflecting that both classifications are paid slightly above the market media, as listed below.

% Above the Market Median # of Classifications
Less than 5%
1 – Transit Driver (2.69498%)
1 – Lead Transit Driver (4.58084%)
A salary within 5% of the market average or median is considered to be competitive in the labor market for salary survey purposes because of the differences in compensation policy and actual scope of the position and its requirements. However, the City can adopt a different standard. For example, if the City wants to be ranked #1 as the highest paying agency in Kern County (comparable to other City classifications), we would need to adjust the salaries slightly above the City of Wasco (see below).

8 New Classification
In addition to the request for a full-time permanent Transit Driver, the Finance Director proposes the addition of a Transit Dispatcher within the Transit Division. The Transit Dispatcher is a critical position that contributes to service reliability, enhances safety, and optimizes operational efficiency, all essential elements for a successful transit division. This role alleviates the operational burden on current staff and aligns with the city’s broader objectives of community safety, accessibility, and overall satisfaction.

Currently, there are two agencies in Kern County with a Transit Dispatcher or a similar position within their Transit Division. However, utilizing data from only two agencies is inadequate for salary comparison, as it may skew average and median figures.

Consequently, salary recommendations will be based on the following industry standards:

1. The City of Delano’s Transit Dispatcher salary is at the same range as their Transit Driver

2. The City of Taft’s Transit Dispatcher salary is slightly above the Transit Driver classification by approximately 5%.

It is anticipated that Transit Driver’s may provide coverage as needed for the Transit Dispatcher. Therefore, we will follow the City of Delano’s compensation strategy for the Transit Dispatcher.

9 Recommendation
To be ranked #1 as the highest paying agency in Kern County (comparable to other City classifications), the following is recommended:

1. Adjust salaries slightly above the City of Wasco, beginning with the Lead Transit Driver classification, and implement compaction strategies for the lower classifications. A promotion to Lead Transit Driver would begin at Step C of the proposed range, which represents an increase of at least five (5%) percent from the Transit Driver at Step E

2. Adjust the part-time Transit Driver (Tier II) classification to the hourly equivalent of Step A of the full-time Transit Driver range

3. Adjust the part-time Transit Driver (Tier I) approximately 7.75% below Tier II

4. If the position is authorized, establish the compensation for Transit Dispatcher at the same range as Transit Driver
Below is the current Transit Division compaction for reference:

Below is the proposed Transit Division compaction for reference, which includes the proposed range and percent increases:

Fiscal Impact
The fiscal impact will not affect the general fund budget, as these classifications are funded through public transit grants. Should a decision be made to proceed with the proposed recommendation, the Finance Director will provide the financial implications associated with the increases.

TITLE BARG UNIT RANGE A B C D E COMPACTION
Transit Driver, Lead NR-NS 116 1,884 $ 1,978 $ 2,077 $ 2,181 $ 2,290 $ 15.95% Transit Driver, Full-time NR-NS 83 1,625 $ 1,706 $ 1,791 $ 1,881 $ 1,975 $ 2.85% Transit Driver, Part-time - Tier II Hourly 19.75 $ 7.75% Transit Driver, Part-time - Tier I Hourly 18.33 $

CURRENT TRANSIT COMPACTION
TITLE BARG UNIT RANGE A B C D E COMPACTION % Increase
Transit Driver, Lead NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ 18.89% 14.6288% Transit Driver, Full-time NR-NS 108 1,817 $ 1,907 $ 2,003 $ 2,103 $ 2,208 $ 11.7975% Transit Driver, Part-time - Tier II Hourly 22.71 $ 7.74% 15.0000% Transit Driver, Part-time - Tier I Hourly 21.08 $ 15.0027% Transit Dispatcher NR-NS 108 1,817 $ 1,907 $ 2,003 $ 2,103 $ 2,208 $

PROPOSED TRANSIT COMPACTION

10 Alternatives
Additional recommendations can be provided if a decision is made to not proceed with the recommendations previously outlined.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Carol Chavolla, HR Director, Marco Martinez, City Attorney SUBJECT: RESOLUTION TO AMEND RESOLUTION NO. 2989 ADOPTING

AN EMPLOYMENT AGREEMENT TEMPLATE FOR FUTURE

NON-REPRESENTED CITY DEPARTMENT HEADS

RECOMMENDATION
Council find the amendment of Resolution No. 2989 is exempt from the California Environmental Quality Act; and adopt Resolution No. 3001, a Resolution of the City Council of the City of Shafter Amending Resolution No. 2989 Adopting an Employment Agreement Template for Future Non-Represented City Department Heads.

BACKGROUND
Section 5.03 of the Charter of the City of Shafter describes the powers and duties of the City Manager and provides, in part, that “the City Manager shall be responsible to the Council for the proper administration of:

A. Appointment of Employees. Appoint, remove and discipline all employees of the City pursuant to requirements set out in this Charter and an ordinance establishing a merit system of appointment and employment.

B. Delegation of Authority. Have the power to delegate the appointment, removal, and discipline of subordinate employees to the department heads to which those employees are assigned.

C. Supervision of Departments. Direct and supervise the administration of all departments, offices and agencies of the City…;”
Sections 6.01(A)&(B) of the Shafter Charter also provide that “The City Manager shall appoint a head of each department. That person shall be qualified in the field of expertise encompassed within the department of assignment; and all department heads shall serve at the pleasure of the City Manager and be subject to his/her direction and supervision. Finally, Section 6.01(C) further provides that:
“All department heads shall be City employees for the purposes of powers and duties. Department heads shall be provided employment agreements by the City Manager setting out terms and conditions of employment, pay, benefits, goals and objectives, a requirement for at least annual and regular performance evaluations, obligations, and termination. Such agreements may not exceed four years in term…”

RESOLUTION TO AMEND RESOLUTION NO. 2989 ADOPTING AN EMPLOYMENT AGREEMENT

TEMPLATE FOR FUTURE NON-REPRESENTED CITY DEPARTMENT HEADS - 2 -
Employment Agreement & Annual Benefits Resolution
While the City charter provides that Department heads will be provided employment agreements, nothing in the City’s charter or municipal code explain the format or contents of such agreements. However, annually, the City Council does approve a resolution setting forth wages and related benefits for non-represented, full-time employees, including department heads. The purpose of this agenda item is to establish a standard employment agreement template that can be used by the City Manager for future department head hires. It does not impact or affect the employment agreements currently executed by the City with department heads. Those will remain in accordance with all terms contained in the agreements.

FISCAL IMPACT
Adoption of a standardized employment agreement template has no fiscal impact.

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

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution 3001-24 Amending Salary Benefits Resolution to Add Employment Agreement Template

2. Resolution 2989-24 Non-Represented Full-Time Employees Wages and Related Benefits

RESOLUTION NO. 3001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AMENDING RESOLUTION NO. 2989 ADOPTING AN EMPLOYMENT AGREEMENT TEMPLATE

FOR FUTURE NON-REPRESENTED CITY DEPARTMENT HEADS
WHEREAS, Section 5.03 of the Charter of the City of Shafter describes the powers and duties of the City Manager and provides, in part, that “the City Manager shall be responsible to the Council for the proper administration of:

A. Appointment of Employees. Appoint, remove and discipline all employees of the City pursuant to requirements set out in this Charter and an ordinance establishing a merit system of appointment and employment.

B. Delegation of Authority. Have the power to delegate the appointment, removal, and discipline of subordinate employees to the department heads to which those employees are assigned.

C. Supervision of Departments. Direct and supervise the administration of all departments, offices and agencies of the City…;” and
WHEREAS, Sections 6.01(A)&(B) of the Shafter Charter provide that “[T]he City Manager shall appoint a head of each department. That person shall be qualified in the field of expertise encompassed within the department of assignment; and all department heads shall serve at the pleasure of the City Manager and be subject to his/her direction and supervision; and WHEREAS, Section 6.01(C) further provides that:
“[A]ll department heads shall be City employees for the purposes of powers and duties.

Department heads shall be provided employment agreements by the City Manager setting out terms and conditions of employment, pay, benefits, goals and objectives, a requirement for at least annual and regular performance evaluations, obligations, and termination. Such agreements may not exceed four years in term;” and
WHEREAS, the City Council of the City of Shafter annually adopts a Resolution authorizing wages and related benefits for non-represented, full-time employees, including City department heads; and
WHEREAS, Resolution No. 2989 was adopted by the Shafter City Council on October 1, 2024 and represents the current salary and benefits Resolution for non-represented, full-time employees; and
WHEREAS, the City Council wishes to incorporate and adopt a standard department head employment agreement to be used by the City Manager for future appointments of department heads; and
WHEREAS, the employment agreement template will standardize the City’s department head appointments, clarify the City Manager’s authority and add certainty for the recruitment of future department heads.

Shafter City Council Resolution No. 3001
November 19, 2024

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

SECTION 1. Recitals. The above recitals are true and correct.

SECTION 2. Amendment of Resolution No. 2989. Article IV (Closing Provisions) of Resolution No. 2989 is hereby amended by adding Section 4.2 to read as follows:
“SECTION 4.2 EMPLOYMENT AGREEMENT TEMPLATE
The City Manager is empowered to enter into employment agreements on behalf of the City with department heads establishing terms and conditions of employment. Said employment agreements shall in a form substantially similar to the form attached hereto as Exhibit “A.” Notwithstanding the form of the employment agreement, the City Manager and City Attorney are authorized to amend the employment agreement form to comply with any changes made to California Public Employee Retirement System (CalPERS) or Internal Revenue Service (IRS) laws and regulations.

SECTION 3. CEQA. The City Council finds and determines that adoption of revisions to Resolution No. 2989 is not a “project” pursuant to the California Environmental Quality Act (CEQA).

SECTION 4. Severability. If any provision, section, paragraph, sentence, or word of this resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this resolution shall remain in full force and effect.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER, 2024.

Chad Givens, Mayor
ATTEST:

Yazmina Pallares, City Clerk
APPROVED AS TO FORM:

Marco A. Martinez, City Attorney

Shafter City Council Resolution No. 3001
November 19, 2024

EXHIBIT “A”

DEPARTMENT HEAD EMPLOYMENT AGREEMENT TEMPLATE
[ATTACHED]

1 EMPLOYMENT AGREEMENT
[DEPARTMENT HEAD TEMPLATE ONLY]
THIS EMPLOYMENT AGREEMENT, (hereinafter referred to as the “Agreement”) is made and entered into this _____ day of __________, 202__, by and between the City of Shafter, County of Kern, State of California, a municipal corporation (hereinafter referred to as the ”City”) and ____________________(hereinafter referred to as “Employee”). City and Employee are sometimes hereinafter referred to as “Party” or “Parties.” SECTION 1 EMPLOYMENT
A. The City agrees to and shall employ Employee as the [TITLE] of the City of Shafter, effective _____________ (“Effective Date”). Employee agrees to perform the functions and duties of the position of [TITLE]of the City of Shafter as described by state law, the Municipal Code of the City of Shafter, the job description of the position of [TITLE] attached hereto as Exhibit “A”, and to perform all other duties and functions as the City Manager of the City shall from time-to-time direct or assign.

B. Employee agrees to perform all such functions and duties to the best of his abilities and in a competent and efficient manner. Employee agrees to focus his/her full professional time, ability, and attention to City business during the term of this Agreement and agrees not to engage in any other business pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of the City Manager.

SECTION 2 TERM
A. Employee shall serve at the will and pleasure of the City Manager in accordance with all provisions of the Charter of the City of Shafter and the Shafter Municipal Code. The City Manager may, from time to time, assign Employee to various City Departments as he/she may determine in his/her sole discretion to be in the best interest of the City. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate the employment of Employee at any time and for any reason, subject only to the provisions specified in Section 3 of this Agreement.

B. The City hereby employs Employee for a period beginning on the effective date until [MAXIMUM FOUR YEAR TERM], or until the services are terminated as provided for in Section 3 herein.

SECTION 3 TERMINATION
A. The City Manager and Employee may agree mutually in writing to terminate Employee’s employment and this Agreement under mutually agreeable terms consistent with this Agreement.

B. The City Manager may terminate Employee’s employment at any time without cause. In the event Employee is terminated by the City without cause , the City shall pay Employee

EXHIBIT A

2 severance compensation equal to [UP TO] six (6) months of salary, health insurance premium payments, and all benefits. Employee shall also receive all accrued unused vacation leave and other such benefits as may be due and payable under applicable City rules, regulations, or policies and/or under applicable local, state, or federal law. In consideration of this severance payment, Employee agrees that he/she shall not be entitled to any other payment or compensation of any kind from the City in connection with the termination of his/her employment.

1. In the event Employee accepts the severance payments pursuant to this Section 3.B, as a condition precedent, Employee must execute a waiver of any rights, claims, or any other actions arising out of this Agreement in a form acceptable to the City Attorney. The above severance provisions are intended to comply with the provisions of Government Code section 53260, et seq. Any severance payment under this Agreement is also subject to the forfeiture or repayment provisions of Government Code section 53243 et seq.

2. The severance payments provided in this Section 3 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or resignation. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.

C. Employee may terminate his/her employment at any time for any reason by providing thirty (30) days prior written notice to the City Manager. In the event that Employee provides such written notice, he/she shall be entitled to receive at the termination of this employment only such accrued unused vacation leave and other such benefits as may be due and payable under applicable City rules, regulations, or policies, and/or under applicable local, state or federal law. Employee shall not, however, be entitled to any severance pay or other compensation at the termination of his/her employment due to resignation. During the period subsequent to Employee’s submission of his/her notice terminating his/her employment, he/she shall continue to perform his/her duties as [TITLE] pursuant to this Agreement unless removed from those duties and/or terminated by the City Manager pursuant to the terms of this Agreement. However, in the event that Employee is then removed from those duties and/or terminated by the City Manager, Employee shall continue to receive compensation in the form of salary and benefits through the completion of the thirty (30) day notice period without payment of severance.

D. In the event Employee and this Agreement are terminated for cause, Employee shall not be entitled to any severance pay or health insurance premium payments. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following::
(a) A willful breach of this Agreement.
(b) Habitual neglect of duties required to be performed under this Agreement. (c) Any acts of dishonesty, fraud, misrepresentation, or other acts of moral turpitude. (d) Refusal or failure to act in accordance with any directive or order of the City Manager.

3 (e) Unauthorized absence or leave.
(f) Engaging in conduct tending to bring embarrassment or disrepute to the City. (g) Gross misfeasance or gross malfeasance.
(h) “abuse of office or position” as defined in Government Code Section 53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution.

E. The City Manager and/or Employee may terminate this Agreement in the event that Employee has been unable to perform the essential functions of his/her position due to illness or other disability for a period of twelve (12) weeks and it is medically determined that Employee is permanently disabled from performing the essential functions of his/her position.

1. A determination that Employee is permanently disabled shall be made by the City Manager based upon competent medical evidence and evaluation and in accordance with the applicable state and federal laws pertaining to the protection of disabled persons and with the California Public Employees Retirement Law.

2. In the event it is determined by the City Manager that a question exists as to Employee’s ability to perform the essential functions of his/her position, based upon objective facts, the City Manager may require Employee to undergo a fitness for duty examination.

F. Employee agrees that he/she shall not be entitled to any other payment or compensation of any kind from the City in connection with the termination of his/her employment without cause as defined in Section 3B of this Agreement.

SECTION 4 COMPENSATION
A. Effective upon the commencement of employment pursuant to this Agreement, the City shall pay to Employee a base salary within the City’s Salary Range of ______, Step ____, which represents a bi-weekly salary of $__________. This salary shall be paid on a pro-rata basis in regular installments pursuant to the City’s normal payroll procedures. Employee agrees his/her employment and duties as the [TITLE] are exempt from overtime compensation as required by the Fair Labor Standard Act.

B. The City Manager and Employee agree to cooperate in the conduct of an annual salary review concurrently with the annual performance evaluation as set forth in Section 6 of this Agreement. Upon conclusion of such review, the City Manager may, within his/her discretion, increase Employee’s Salary as he deems appropriate not to exceed the maximum of the ___________ salary range in accordance with the City’s Salary Schedule. Notwithstanding the City Manager’s discretion to grant an annual increase in salary, Employee shall also be eligible

4 for any salary increases granted by the City Council, provided such increases apply to all employees of the City.

C. The City Manager may set forth annually in writing certain goals consisting of duties and responsibilities above and beyond Employee’s ordinary duties and responsibilities. In the event that Employee achieves such goals, he may be entitled to receive other compensation in addition to his regular salary and benefits. The City Manager shall set forth the amount of additional compensation to which Employee would be entitled in the same writing setting forth the annual goals. Any such additional compensation will be at the discretion of the City Manager with the approval of the City Council as required.

SECTION 5 BENEFITS
A. The City shall deduct or withhold from Employee’s salary any and all sums as Employee may from time to time direct, or as required by law, including, but not limited to, sums for the payment of federal, state and/or local income taxes, social security and retirement plans.

B. [INSERT APPLICABLE PERS RETIREMENT BENEFIT RE LANGUAGE AS PEPRA EMPLOYEE OR CLASSIC EMPLOYEE]
C. The Employee shall receive all fringe benefits equal to those provided for nonrepresented, full-time City employees pursuant to the Resolution of the City Council of the City of Shafter Authorizing Wages and Related Benefits to Non-Represented Full-Time Employees.

Additionally, the City agrees to provide holidays, sick leave, sick leave incentives, education incentives, retirement benefits, and other benefits consistent with those benefits generally enjoyed by non-represented City employees.

D. In recognition of Employee’s need to use an automobile in the performance of his/her duties, the City shall provide Employee with an automobile allowance of up to four hundred dollars ($400.00) each month. In addition, Employee shall receive a mileage reimbursement at the City’s current reimbursement rate for each trip over 200 miles. Employee shall maintain in full force and effect during the term of his employment, insurance coverage for any automobile used in the performance of his official duties. Such insurance must be maintained at levels deemed adequate by the City, and Employee is required to provide adequate proof of such insurance to the City.

E. City will provide a cell phone for Employee and issue a monthly stipend of one hundred dollars ($100.00).

F. The City shall permit Employee to attend, at City expense, a reasonable number of local, state, and national conferences relevant to his/her duties and responsibilities as [TITLE] with the approval of the City Manager and budget authorization from the City Council.

G. Any provisions of the City code, rules, regulations, resolutions, and ordinances relating to non-represented. full-time employee benefits as they now exist or may later be amended, shall also apply to Employee. In addition to any benefits set forth in this Agreement, and except as those provisions of the City code, rules, regulations and ordinances relating to management

5 employee benefits may conflict or be inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

SECTION 6 PERFORMANCE EVALUATION
A. Annually, the City Manager, with the assistance of Employee, may define such goals and performance objectives which the City Manager determines necessary for the proper operation of City’s services and shall further establish a relative priority among those various goals and objectives. These goals and objectives shall be reduced in writing and should be reasonably attainable within the time limitations specified by the City Manager and in light of the appropriations provided through the annual operating and capital budgets B. The City Manager shall review and evaluate Employee’s performance annually.

This review and evaluation shall take into account any goals that may have been developed by the City Manager, as well as Employee’s performance of other functions and duties. The City Manager shall provide to Employee a summary written statement of the evaluation and shall provide Employee with the opportunity to discuss the evaluation with the City Manager.

C. The City Manager may fix any other terms and conditions of employment relating to Employee’s performance, as the City Manager may from time to time determine, provided that such other terms and conditions of employment are not contrary to or inconsistent with the terms set forth in this Agreement, the City’s rules, regulations and ordinances, local, state and/or federal law.

SECTION 7 GENERAL PROVISIONS
A. This Agreement constitutes the sole understanding and agreement of the City and Employee with respect to the matters set forth herein and supersedes any and all prior negotiations, statements, instructions, representations, or agreements, whether written or oral.

B. The parties agree and acknowledge that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or by anyone acting on behalf of any party, which are not contained herein and that any agreement, statement or promise not contained in this Agreement shall not be valid or binding on either party.

C. Any amendment to this Agreement shall be valid only if in writing approved and signed by both parties, unless otherwise specified in this Agreement.

D. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

E. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs in addition to any other relief to which that party may be entitled.

6 F. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

G. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his/her office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments.

Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are applicable and hereby incorporated in this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of his/her office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “B.” H. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital.

This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year first written above.

7 APPROVED AS TO FORM:

By: _______________________________
[Employee NAME]
[Title]
By: _______________________________
[CM NAME]
City Manager
By: _______________________________
[NAME]
City Attorney

8 EXHIBIT A
[Job Description on following page]

9 EXHIBIT B
GOVERNMENT CODE SECTION 53243-53243.4 and 53260(a)
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his/her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his/her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his/her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his/her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
53260. (a) All contracts of employment between an employee and a local agency employer shall include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract. However, if the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18.

RESOLUTION NO. 2989

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING WAGES AND RELATED BENEFITS
FOR NON-REPRESENTED FULL-TIME EMPLOYEES.

WHEREAS, the Charter of the City of Shafter authorizes the City Council to provide wages and related benefits for employees of the City; and
WHEREAS, the City has established definitions of Full-time Employees and recognizes those employees not otherwise represented by the Shafter Police Officer Association (SPOA), or the Shafter Public Works Unit of the Service Employees International Union L521 (SEIU L521) bargaining units to be deemed as Non-Represented Full-Time Employees and covered within this Resolution (“employees” or “Covered Employees”).

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter, California, that the wage and related benefit plan for Covered Employees described herein, shall be effective January 1, 2025, through December 31, 2025, upon adoption by the City Council as follows:

SECTION I - HOURS OF WORK AND OVERTIME
SECTION 1.1 HOURS OF WORK
a. Work Period
The normal work period shall be seven (7) days with a maximum non-overtime of forty hours (40). The Work Period shall commence at 0000-hours Saturday and end at 2400 hours Friday.

When mutually agreed upon, employees may be placed on alternative work schedules. Use of an alternative work schedule shall be on a trial basis not to exceed three (3) months. Extension may be granted at the sole discretion of the Department Head. The City reserves the right to terminate the alternative work schedule at any time if it is found unsatisfactory at the sole discretion of the Department Head. Employees may terminate the alternative work schedule if it is found unsatisfactory. Matters concerning work schedules are not subject to the grievance procedure.

The alternative work period shall be fourteen (14) consecutive days with a maximum nonovertime of eighty (80) hours. The work period shall commence at 0000 hours Saturday and end at 2400 hours Friday. Benefits such as vacation, holiday, and sick leave accrue on an eight (8) hour day. Absences from a workday exceeding eight (8) hours require use of additional accrued leave. Only sworn employees are eligible for the 14-day work period in accordance with the 207(k) partial overtime exemption.
b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time, therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.

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SECTION 1.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.

All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked the employee shall be compensated for one quarter (1/4) hour at their overtime rate.
b. Hours Paid
Overtime shall be paid after forty (40) hours worked in a Work Period. Vacation leave, sick leave, and compensating time off constitute hours worked.

Overtime for Alternate workweek schedules shall be paid for hours worked in excess of eighty (80) hours in an alternative 14-day work period. Vacation leave, sick leave, and compensating time off constitute hours worked.
c. Compensating Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee. Employees may accrue a maximum of one-hundred twenty (120) hours in their CTO account. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.

SECTION 1.3 CALLBACK PAY
The City will compensate employees for a minimum of two (2) hours or actual time worked, whichever is greater, at the overtime rate when they are called back for active duty and have previously departed the work site. Overtime when adjacent to the employee’s regularly scheduled work hours, either immediately before, during or immediately following, is not subject to call back pay.

SECTION 1.4 STANDBY PAY REGULAR DAYS OFF
Employees directed to remain on call and available on his/her normal day off, shall be compensated at the rate of two (2) hours pay per day. All standby assignments shall be authorized in advance by the City Manager. Employees shall be paid the standby pay or the employee’s regular hourly rate for time actually worked to the nearest half hour, whichever is greater.

ARTICLE II - PAY PROVISIONS
SECTION 2.1 SALARY
a. Effective January 4, 2025, which represents the commencement of the first pay period of 2025, all Non-Represented Full-time Employees shall receive a four percent (4%) cost-of-living adjustment (COLA). The actual percentage may vary slightly due to rounding.

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b. Salary step increases to Steps B, C, D, and E shall be considered merit increases. Employees shall be eligible for salary advancement to the next step upon completion of twelve (12) months (or other time period approved by the City Manager) of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager.

SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to three-thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other certification courses under the following conditions:
a. Prior Department Head and City Manager approval is obtained. b. The course furthers a job-related major as approved by the City Manager or his/her designee. c. College courses require a minimum three (3) units completed with a grade of "C" or better.

SECTION 2.3 BILINGUAL SPANISH INCENTIVE PAY
Employees designated by the Department Head or his/her designee to utilize Spanish bilingual skills and who pass the City’s bilingual exam shall receive incentive pay at one hundred twenty ($120.00) dollars per month, in addition to base salary.

SECTION 2.4 RETIREMENT
a. The City agrees to contract with California Public Employees Retirement System and employees are responsible for paying the 7%-member contribution for Covered Employees defined as Local Miscellaneous and hired on or before December 31, 2012. The plan benefits consist of the 2% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042. b. The City agrees to contract with California Public Employees Retirement System and employees are responsible for paying the 9%-member contribution for Covered Employees who are sworn officers pursuant to PC 830.1 and hired on or before December 31, 2012. The plan benefits consist of the 3% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.
c. Employees hired on or after January 1, 2013, who qualify as a new member in the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the California Public Employees Retirement plan 2%@62 Miscellaneous formula (GC Section 7522.20 (a)) or 2.7%@57 Safety formula (GC Section 7522.25(a,b,c,d)); three-year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to

Shafter City Council Resolution 2989
October 1, 2024

increase, decrease, or stay the same in any given year. d. Employees hired on or after January 1, 2013, who qualify as a classic member of the California Public Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the retirement formula available on December 31, 2012: Local Miscellaneous 2%@55 full formula or Local Safety 3%@55 full formula. Employees are responsible for paying the member contribution.

SECTION 2.5 SICK LEAVE
a. Sick leave accrues at a rate of 3.6923 hours bi-weekly. There is no limit to the accumulation; however, the maximum shall revert back to one hundred twenty (120) days in the event of legislation requiring cities to provide conversion rights. b. Employees with at least 480 hours of accrued sick leave shall be eligible for the Stay Well Bonus. For purposes of sick leave accounting, the annual period shall be December 1 through November 30. All unused sick leave above 480 hours will be used for calculating the employee's stay well bonus paid on or around December 15. Net sick leave earned and not used during the annual period will be divided in half. One-half will be paid to the employee at the employee’s current base hourly rate and the remaining one-half shall remain as regular sick leave.

Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a Stay Well Bonus, at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation. Employees may elect to be paid by separate check. Employees may also increase their contribution to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for sick leave by turning in an election form.
c. Upon service retirement, disability retirement, or death of active employees, such employees will be paid for all sick leave accrued in excess of 640 hours. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave.
e. Employees employed as of July 1 who do not use any sick leave during the period July 1 through June 30, shall be credited on July 1 of the following fiscal year, with one eight (8) hour floating holiday. Sick leave paid according to Section 2.5 (b) shall not be considered as sick leave used for the purposes of determining eligibility for Section 2.5 (e). The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

SECTION 2.6 VACATION LEAVE
a. Employees having less than one (1) year of continuous employment shall not be entitled to vacation with pay unless approved by the City Manager.
b. Vacation days are based on an 8-hour day and shall be accrued on a pro-rated basis as follows:

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1. Ten days (80 hours) of vacation after one (1) year of service. Accrual begins on date of hire.

2. Fifteen days (120 hours) of vacation after five (5) years of service. New accrual rate begins at the completion of the 5th year of service.

3. Seventeen days (136 hours) of vacation after ten (10) years of service. New accrual rate begins at the completion of the 10th year of service.

4. Twenty days (160 hours) of vacation after fifteen (15) years of service. New accrual rate begins at the completion of the 15th year of service.

5. Twenty-five days (200 hours) of vacation after twenty (20) years of service. New accrual rate begins at the completion of the 20th year of service. c. Additional vacation for management leave may be granted by the City Manager and will add to the maximum accrual levels as outlined in section 2.6 (d). d. Employees hired prior to July 1, 2000, may accrue no more than three times the annual accrual at their current accrual rate. Employees hired on or after July 1, 2000, may accrue no more than two times their annual accrual at their current accrual rate. Employees reaching their maximum accrual limit will stop accruing until the balance is below the maximum accrual limit. The table below is provided as an example of accrual rates and maximum accrual limits and may not be all-inclusive. Additional accrual rates will be subject to the two- and three-year maximum accrual limits based on date of hire indicated above unless otherwise noted.

Date of Hire Prior to July 1, 2000 Date of Hire on or after July 1, 2000 Bi-weekly Accrual
Rate
Maximum
Accrual
Bi-weekly Accrual Rate Maximum
Accrual

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400
e. The time during a year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City.
f. Employees who terminate employment shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.
g. In the event one or more holidays fall within vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. h. Employees who have accrued at least one hundred and twenty (120) hours of vacation time shall be allowed to cash-out up to a maximum of forty (40) hours of vacation time annually.

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Employees who have accrued at least two hundred and forty (240) hours of vacation time shall be allowed to cash-out up to a maximum of eighty (80) hours of vacation time annually.

Payments will be made twice a year; on or before May 31st and November 30th. Requests must be received by Human Resources no later than the first payday in May and/or November.

Accrual balance on the first payday in May and/or November will be used to determine eligibility. Under no circumstances will the total number of hours eligible for cash-out exceed eighty (80) hours annually.

Employees may elect to be paid by separate check and/or contribute to the ICMA 457 Deferred Compensation Plan for all vacation cash-out hours eligible to be paid out.

SECTION 2.7 HOLIDAYS
a. The following are city paid eight (8) hour holidays:

No. Holiday Date Hours
1 New Year’s Day January 1 8
2 Washington’s Birthday 3
rd Monday in February 8
3 Memorial Day Last Monday in May 8
4 Independence Day July 4 8
5 Labor Day 1
st Monday in September 8
6 Thanksgiving Day 4
th Thursday in November 8
7 Day after Thanksgiving 4
th Friday in November 8
8 Christmas Eve December 24 8
9 Christmas Day December 25 8
10 New Year’s Eve December 31 8
11 Martin Luther King Jr Floating Holiday 8
12 Veterans Day Floating Holiday 8
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday.

Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. Floating holidays are not reportable to CalPERS as special compensation. However, holidays taken may be reported as earnings under Government Code Section 20630.
c. In addition, any day proclaimed by the Shafter City Council as a holiday. d. Employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.
e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked. Holiday compensation shall be at time and one-half (1/2) of his/her regular rate of pay for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay. The regular rate of pay, for the purpose of holiday compensation, includes

Shafter City Council Resolution 2989
October 1, 2024

base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Education Incentive, POST Certificate Pay, Bilingual Incentive, and Water Certification Pay).

SECTION 2.8 BEREAVEMENT LEAVE
a. As required by law, employees shall be granted up to five (5) days of job-protected leave for bereavement in the case of death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-in-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, and registered domestic partner. The days do not need to be consecutive but must be completed within three (3) months of the date of death. Up to three (3) working days of bereavement leave shall be with pay. Employees may use their accrual leave balances, such as sick, vacation, or CTO to cover the leave for the additional two (2) days. If the employee does not have accrual hours to utilize, the employee must request a Leave of Absence Without Pay in accordance with Personnel System Rule 15.5.
b. Employees may be granted five (5) days bereavement leave as approved by the City Manager in case of the death of an above-covered individual when the funeral takes place out of State or over 200 miles from Shafter.
c. Employees shall provide documentation of the death within 30 days of the first day of leave.

Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

SECTION 2.9 MILITARY LEAVE
Military leave shall be granted according with the provisions of State law. Employees shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 2.10 OUT-OF-CLASS PAY
Employees assigned by the Department Head to a higher-paying position for a period of more than ten (10) consecutive normal workdays, or as approved by the City Manager, shall be paid at the out-of-class rate for all days worked in that position.

The out-of-class rate shall provide a 5% increase above the employee’s base wage, except in no case shall the employee receive higher than the E step of the higher-paid position.

SECTION 2.11 PROFESSIONAL FEES
The City agrees to pay 100% of the fees for certifications and licenses as may be required as a condition of employment.

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SECTION 2.12 CERTIFICATION INCENTIVE PAY
The City may provide an incentive to obtain a level of specialized certification beyond what is required by the job, provided the certification is job-related and provides a clear, on-going benefit to the City. Interim certification is excluded. Specific Certifications or levels of Certifications eligible for Incentive Pay must be recommended by the Department Head and approved by the City Manager prior to inclusion in the Incentive Pay Program. Eligible specific Certifications must be directly related to an employee’s job duties but NOT a qualifying requirement of the position.

Incentives are cumulative; however, no combination of Incentive Pay certifications shall result in a total Incentive greater than 5% of Base Pay.

Employees working in a department with Memorandum of Understanding (MOU) representation, but not covered by the MOU shall receive certification incentive pay at the rate defined within their department MOU.

SECTION 2.13 CELL PHONE ALLOWANCE
Cell phone allowance is determined by separate policy and requires the approval of the department head and the City Manager.

SECTION 2.14 USE OF CITY-OWNED AND PRIVATELY-OWNED VEHICLES Use of City-owned and privately-owned vehicles is determined by separate policy and requires the approval of the City Manager.

SECTION 2.15 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule; including 80-hour work periods with 26 work periods per year.
b. The payroll cut-off for both, overtime and regular time, shall be one week prior to payday. c. Employees shall be paid for actual hours worked (or paid time off used) during the pay period.
d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday. e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.

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SECTION 2.15 LONGEVITY PAY
All employees shall receive longevity pay (10% over 20 years) as set forth below based on their years of continuous full-time service with the City of Shafter as follows:
• 5 years of service: 2.5% of base pay
• 10 years of service: 2.5% of base pay
• 15 years of service: 2.5% of base pay
• 20 years of service: 2.5% of base pay

ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH, LIFE AND COBRA BENEFITS
a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2025, through December 31, 2025. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans.
b. The City shall provide employees a life insurance plan equal to the employee's annual base salary plus $17,000, spouse death benefit of $5,000, and dependent death benefit of $1,000- $1,500.
c. Subject to IRS Code 125 and insurance plan eligibility, the City shall pay $353 monthly to employees who decline participation in the City’s medical insurance plan. Proof of other insurance coverage is required. Retired employees are excluded. d. For all employees who retire under CalPERS, the City will pay one hundred percent (100%) of the City’s group medical and dental premiums for eligible retired employees plus one eligible dependent for a period of up to twelve (12) months immediately following the effective date of retirement. For the purposes of this subsection, eligible employees are those employees who retire from active status on a normal service retirement or disability (excluding deferred retirement) with at least 10 years of continuous full-time city service.

For the purposes of this subsection, continuous full-time city service shall mean uninterrupted employment as a full-time employee. Authorized leaves of absence shall not be considered as a break in service. This benefit shall not apply to employees who are terminated.
e. For all employees who are eligible for 12 months of City paid COBRA benefits as defined in 3.1(c) paragraph 1 of this resolution and are eligible members of an established ICMA Retirement Health Savings (RHS) group so specifying, the City shall contribute to the employee’s RHS account an amount equal to 12 months of the base medical, dental, and vision plans, plus any applicable COBRA administrative fees. Said payment shall be based on the City’s cost of insurance for the “employee plus one dependent” rate as of the date of separation of employment. The base medical, dental, and vision plans are defined as those respective plans offered to employees with the highest cost to the City and that do not require an employee contribution.

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SECTION 3.2 UNIFORM ALLOWANCE
a. The City shall provide uniforms, allowances or reimbursement for uniforms, to those positions designated by the Department Head and approved by the City Manager, upon hire, and annually thereafter. At the recommendation of the Department Head and approval of the City Manager, the list of qualified positions, allowances and reimbursement may be modified as deemed necessary. The City reserves the right to determine the uniform and shoe style and color.

The positions listed below currently qualify for provided uniforms:
• All non-represented, full-time Public Works employees - work pants, work shirt, and city patches
• Animal Shelter Workers – five (5) City shirts and one (1) City jacket annually • Transit Drivers – five (5) City shirts and one (1) City jacket annually • Code Enforcement Officer - five (5) City long-sleeve polo shirts, five (5) City short-sleeve polo shirts, five (5) working pants, and one (1) City jacket annually b. Employees who are required to furnish and maintain City uniforms shall be compensated annually as follows:
• Chief of Police, Assistant Chief of Police, Police Lieutenant - $1,100 • Police Property & Evidence Technician - $950
• Police Records Supervisor and Dispatch Supervisor - $575 c. Police Department sworn officers shall be paid two hundred dollars ($400) annually for standard uniform equipment.
d. The City shall provide level IIIa or better, bulletproof vests to Police Department sworn officers requiring such protection. The City shall also provide personal protective equipment in compliance with the Occupational Safety and Health Administration (OSHA) requirements. e. Police Department sworn officers shall seek restitution through the courts, with all practical diligence, to replace uniforms and standard uniform equipment damaged while on duty. If restitution is denied by the courts, the employee may submit a Damaged Equipment Claim Form to the Department Head or designee, for review and consideration of replacement by the City.

Upon approval, the Department Head or designee shall determine the appropriate rate of reimbursement to replace the damaged uniform or standard uniform equipment. f. Uniform and safety equipment allowance shall be paid in an annual lump sum on or near July 1 of each year. When employees leave city service, the annual uniform and safety equipment allowance is prorated, and any unearned portion shall be deducted from the final paycheck. g. Employees who are provided uniforms are required to wear these uniforms and report to work with them being clean and neat in appearance unless this requirement is expressly waived by the City.
h. All items as provided in Section 3.2(a) remain City property and are only to be used in accordance with City policy. Upon separation, all items must be returned by the employee. A prorated amount of the uniforms not returned will be deducted from the employee’s final paycheck.

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October 1, 2024

i. The City will provide a voucher to a designated vendor or reimburse Department Head approved employees for expenses related to the purchase of work-related jacket and/or boots, insoles/boot support/inserts in the amount not to exceed $300 per fiscal year. This benefit is pro-rated monthly for new employees. Employees who terminate employment are not eligible for payment of any unused portion of the benefit.

ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
This resolution shall commence on January 1, 2025, and expire on December 31, 2025.

PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF OCTOBER 2024.

Chad Givens, Mayor Date
ATTEST:

Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
____________________________________
Marco A. Martinez, City Attorney Date

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TENTATIVE TRACT MAP NO. 7052 EXTENSION OF TIME

APPROVAL

RECOMMENDATION
Council find the City of Shafter adopted a Negative Declaration for Tentative Tract No. 7052 on September 18, 2007 (Resolution No. 07-1946), therefore no additional CEQA analysis or documentation is required for the extension of time; and, adopt Resolution 2993, a Resolution of the City Council of the City of Shafter Approving a Two (2) Year Extension of Time for Tentative Tract Map No. 7052 located on the west side of Poplar Avenue between Lerdo Highway and W. Los Angeles Avenue, subject to the conditions approved by the City Council on September 18, 2007, to expire on September 18, 2026.

BACKGROUND
On September 03, 2024, the current property owner, HB Ag Investments, LLC submitted an application for a two-year extension of time request to extend the time to record a final map for Tentative Tract No. 7052 (Exhibit 3). The City Council approved Tentative Tract Map No. 7052 on September 18, 2007 by Resolution No. 07-1946 (Exhibit 4). The tract map is located on the west side of Poplar Avenue between Lerdo Highway and W. Los Angeles Avenue and proposes to subdivide 90.18 acres into 94 single-family residential lots with lot sizes ranging from 10,800 square feet to 23,356 square feet, a sump lot, and a 52.6-acre designated remainder (Exhibit 2). The existing zoning of the project site is Estate, and the General Plan land use designation is Very Low Density Residential (VLDR).

PROJECT ANALYSIS
The original expiration date for the tentative map was September 18, 2009. The tentative map has remained active due to multiple extensions of time approved by the State legislature and several discretionary extensions of time approved by the City Council. The last Extension of Time was a two-year State legislature extension in accordance with Government Code Section 66452.26, which was approved by City Council Resolution No. 2865 on June 07, 2022, and extended the map approval date to September 18, 2024.

The applicant has requested approval of a two-year discretionary extension (Exhibit 3), which is allowed by the City’s Subdivision Ordinance and the Subdivision Map Act section 66452.6.e. Approval of the requested two-year extension would result in

TENTATIVE TRACT MAP NO. 7052 EXTENSION OF TIME APPROVAL - 2 -
Tentative Tract 7052 expiring on September 18, 2026. If the map has still not been recorded by the proposed expiration date, the applicant would be eligible for one more discretionary extension before the map would expire.

The Planning Commission considered the proposed extension of time at the September 17th public hearing. After taking public testimony, the Planning Commission unanimously recommended that the City Council approve the requested two-year extension of time to file a final map for Tentative Tract Map 7052, subject to the conditions approved by the City Council on September 18, 2007.

ALTERNATIVES
The tentative tract map would expire if the requested extension of time is not approved by City Council. Any future development of the property with a residential subdivision would require the developer to restart the entitlement process and obtain approval of a new tentative tract map, thereby extending the amount of time that the subject property remains vacant and undeveloped.

NEXT STEPS
The developer would need to submit a Final Map application to the City. The developer would need to satisfy any Conditions of Approval that must be completed prior to the final map recording. The final map would need to be approved by City Council and recorded at the Kern County Assessor-Recorder’s office before building permits for the housing units can be applied for.

FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of this tentative tract map extension. Indirectly, this approval may expedite the development of this residential project. Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.

CEQA ANALYSIS
The City of Shafer adopted a Negative Declaration for Tentative Tract Map No. 7052 on September 18, 2007 (Resolution No. 07-1946). Therefore, no additional CEQA analysis or documentation is required for the extension of time.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Exhibit 1 - Vicinity Map

2. Exhibit 2 - Tentative Tract Map No. 7052

3. Exhibit 3 - Extension of Time Application

4. Exhibit 4 - Resolution No. 07-1946 with Conditions

5. Exhibit 5 - Resolution No. 2993

Tentative Tract No. 7052 - Extension of Time
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Airport - Gated
Airport - Secondary
Dirt
Interstate
State Highway
Highway
Ramp
Arterial
Collector
Local/Residential
Airport - Primary
Airport - Gated
Airport - Secondary
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Church
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City Limits
Kern County Boundary
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July 9, 2018
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City of Shafter all rights reserved

f

CITY OF SHAFTER
Planning Department
336 Pacific Avenue
Shafter, California 93263
(661) 746-5002

TENTATIVE SUBDIVISION/PARCEL MAP EXTENSION OF TIME

APPLICATION FORM
Tent.MapNo.35-a*ApplicationFee$soo.ooReceiptNo.-DateReceivedByStaffTo expedite processing of this Extension of Time Application, and to eliminate unnecessary delays to the applicant, Planning Staff will 4g[ accept this application unless all items have been completed and this application form has been signed and dated. ln the event errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision.

APPLICATION IS HEREBY MADE TO THE PLANNING DEPARTMENT THAT:

Propertv Owner (attach sheet if more than one oropertv owner) .f[ie er,ll Name: Phone: @ql)
Address
City State: zip:

E-mail address
Applicant or Aoent (attach sheet ifJnore thAn one applicant) Name: Phone: ( )
Address
City State
E-mailaddress
BE GRANTED AN EXTENSION OF TIME FOR:

Tentative Subdivision/Parcel Map No: -7os2.

Reason(s) for and supporting the requested gxtension:
zip
Subdivision/ParcelMap Extension of Time Form 1
9/3/24

t

APPLICANT'S SIGNATURE AND DATE INDICATES COMPLETION OF THE APPLICATION.

I certify that I am the record owner or authorized agent and that the information filed is true and correct to the best my knowledge.

Ownefs Signature Date
Applicant's or Agent's Signature Date
Subdivision/Parcel Map Extension of Time Form 2

RESOLUTION NO 074946

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

ADOPTING A NEGATIVE DECLARATION ANI) APPROVING TENTATIVE TRACT NO, 7052, AS DEPICTED IN EXHIBIT " A"
WHEREAS, Shafter 88, LLC, 2045 Mt. Diablo Street, Suite 105, Concord, California, filed an application requesting approval of Tentative Tract No. 7052 (' IT 7052) on that certain property in the City of Shafter as shown in Exhibit " A"; and
WHEREAS, the Planning Commission did, on August 14, 2007, approve Resolution No. 07- 1946; a resolution ofthe Planning Commission ofthe City of Shafter recommending that the City Council adopt the Negative Declaration and approve Tentative Tract No. 7052; and WHEREAS, on August 21, 2007, the City Council continued the public hearing for• the project to September 18, 2007, to consider verbal and written comments submitted for TT 7052; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act CEQA) and the City of Shafter' s CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission, and City Council; and
WHEREAS, a Negative Declaration has been prepared for the above described project; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearing support the findings contained in this resolution; and WHEREAS, a number of verbal and written comments were submitted to the City of Shafter for TT 7052; and
WHEREAS, the Negative Declaration was presented to the City Council, as the decision making body of the City of Shafter, and the City Council reviewed, evaluated, and considered the information contained in the Negative Declaration and all verbal and written comments submitted for the project; and
WHEREAS, the Negative Declaration for TT 7052 is an accurate and objective statement that has been completed in compliance with the California Public Resources Code, the State California Environmental Quality Act ( CEQA) Guidelines, and the City of Shafter' s Local CEQA Guidelines; and
WHEREAS, the Negative Declaration reflects the City Council' s independent judgment and analysis regarding TT 7052' s potential impact on the environment; and WHEREAS, no potential significant impacts to the environment have been identified in the Negative Declaration and no evidence of such impacts have been provided in the verbal and written comments submitted to the City of Shafter for TT 7052; and

Shafter City Council
Resolution No. 07- 1946, Page 2
WHEREAS, at said public hearing held on September 18, 2007, the proposed tentative tract map submitted by Shafter 88, LLC, 2045 Mt. Diablo Street, Suite 105, Concord, California, was duly heard and considered and the City Council found as follows:

1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation at least 20 days prior to the hearing.

2. The City Council finds that the Negative Declaration was presented to the City Council, as the decision making body ofthe City of Shafter, and the City Council reviewed, evaluated, and considered the information contained in the Negative Declaration and all verbal and written comments submitted for TT 7052.

3. The City Council finds that the Negative Declaration for TT 7052 is an accurate and objective statement that has been completed in compliance with the California Public Resources Code, the State California Environmental Quality Act ( CEQA) Guidelines, and the City of Shafter' s Local CEQA Guidelines.

4. The City Council finds that the Negative Declaration reflects the City Council' s independent judgment and analysis regarding TT 7052' s potential impact on the environment.

5. The City Council finds that no potential significant impacts to the environment have been identified in the Negative Declaration and no evidence of such impacts have been provided in the verbal and written comments submitted to the City of Shafter for TT 7052.

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

7. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community.

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

9. The proposed subdivision ( Tentative Tract No. 7052), together with the provisions for its design and improvement, is consistent with the General Plan. The proposed

Shatter City Council
Resolution No. 07- 1946, Page 3
density and intensity of development are consistent with the VLR ( Very Low Density Residential) land use designation for the property. Proposed road improvements are consistent with the Circulation Program. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 18''' day of September, 2007, hereby adopts the Negative Declaration for Tentative Tract Map No. 7052 and approves Tentative Tract Map No. 7052, as described above and shown in Exhibit" A", with conditions of approval as shown in Exhibit" B" PASSEI) ANI) ADOPTED THIS 18"' DAY OF SEPTEMBER, 2007.
0-4C---), ,_ ----, C. -2„,„----,,---
Cathy Prt, Mayor
ATTiEST:
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Dolores Robinson, City Cler

APPROVED AS TO FORM
Stephen P. Deitseh SIS
Stephen P. Deitsch, City Attorney
i
r

CERTIFICATE OF GOVERNING BODY' S ACTION

STATE OF CALIFORNIA )
ss.

COUNTY OF KERN
I, Dolores Robinson, City Clerk ofthe City of Shafter, California, DO HEREBY CERTIFY that the above and foregoing Resolution of the City Council of the City of Shafter was duly passed and adopted at a Regular Meeting held on the 18th day of September, 2007, by the following vote:

AYES: Colvard, Florez, Johnston, Nelson and Prout
NOES: None
ABSENT: None
ABSTAINING: None
DATED: September 24, 2007
SEAL)
Dolores Robinson, City Clerk

TENTATIVE TRACT NO. 7052
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EXHIBIT A

EXHIBIT " B"

CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 7052

GENERAL
The project site shall be annexed to the City of Shafter prior to recordation of`Tentative Tract No. 7052.

2. The owners( s) or project proponents ( hereinafter referred to as " Developer"), at their sole cost and expense, shall defend, indemnify and hold harmless the City of Shafter( hereinafter referred to as " City"), its agents, legislative body, officers and employees in any legal or administrative action, claim or proceeding concerning approval of Tentative Tract 7052 hereinafter referred to as " TT 7052") or at its election and in the alternative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City' s reasonable approvals. Developer shall also reimburse the City, its agents, legislative body, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative body, officers and employees may be required to pay at court as a result of such action, claim, or proceeding, The City may, at its sole discretion, participate at its own expense in the defense of' any such action, claim or proceeding, but such participation shall not relieve Developer of their obligations under this condition.

3. Developer, or the general contractor, shall submit a list of all contractors and/ or subcontractors performing work on Tentative Tract 7052 to the City Administrative Services Department and such contractors and subcontractors shall obtain valid business licences to do business and/ or work in the City.

4. Until all portions of Tentative Tract 7052 have been completed, all vacant and undeveloped land shall be maintained within the boundaries of Tentative Tract 7052 in a weed- free and clean and orderly manner by Developer. Should said property not be so maintained, the City shall notify property owner that the property is to be cleaned within thirty days of receipt of said notice. If property owner does not comply within the required time frame, City may then clear the land and bill property owner for the expenses incurred.

5. Tentative Tract 7052 shall expire twenty- four months from the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, the applicant, not less than sixty days prior to the expiration date, shall submit to the City in writing, a request for an extension of that approval in accordance with the provisions of City Codes.

6. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.

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

PLANNING

8. Tentative Tract 7052 shall conform to the in- lieu park fee measures ( Quimby Act) of the City of Shafter. Said fees shall be paid prior to recordation of the Final Map.

9. In lieu of the construction of alleys, Developer shall pay refuse capacity fee as required by Ordinance No. 351. Refuse capacity fee shall be due and payable prior to recordation of a f=inal Map.

10. Installation of all improvements for Tentative Tract 7052 shall be completed within one year from the date of filing of the Final Map unless an extension of time is granted by the City Council.

11. The Shafter- Wasco Irrigation District( SWID) has a turnout ( 4. 1- 12) on the subject site.

Prior to recordation of' Fract 7052, or any phase of Tract 7052 adjacent to said turnout pipes, developer must make a request to the SWID Board to remove the outlets at developers expense and in coordination with SWID time frames. Prior to commencing any work, developer should Contact Ron Sutton( Field Superintendent) with SWID to review construction requirements adjacent to and over SWID pipelines.

12. Prior to recordation of Tract Map 7052, the developer shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved and required by the City, which shall provide for a minimum square footage of residential units within the subdivision, and which shall provide for payment of park fees, traffic fees and other fees established by the City. In the event that the City has not adopted such fees in a timely manner such that the developer would have to make payment at the time of obtaining each building permit for development of the subdivision, then the developer and the City agree that park fees shall be a minimum of$ 650 per lot and traffic fees shall be a minium of$2, 346 per lot, and that such fees represent the actual costs pertaining to park and recreation and traffic impacts proportional to and directly related to each lot. Such fees shall be paid regardless of whether the developer and the City enter into a development agreement. In addition, the developer shall cooperate with the City regarding the establishment and formation of a community facilities district for school purposes, and the developer shall require all successors in interest in and to the subdivision, and each portion thereof, to cooperate with the City in the establishment of such a district. For this purpose, the developer and its successors in interest shall not 2

object to participate in any protest regarding the formation of such a district, and shall affirmatively vote " yes" with respect to all real property within the subdivision for purposes of establishing such a district.

13. Prior to issuance of each building permit for houses within Tentative Tract 7052, Developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exterior building materials and colors, for each of the single-family residences to be constructed within Tentative Tract 7052. All architectural features of each singlefamily residence and all landscaping requirements set forth in Section 2. 80, Chapter 2, Title 17 of the Shafter Municipal Code ( Design Review) shall be adhered to. All roofs constructed within Tentative Tract 7052 shall be of concrete tile or Prestique I High Definition manufactured by ELK Corporation in Shafter, its equivalent, or better.

14. Developer shall submit landscaping and irrigation plans for review and approval by the City' s Project Assistance Team for the landscape area between the sidewalk and decorative wall along both South Poplar Avenue and West Los Angeles Avenue, prior to recordation of the Final Map, or first phase of the Final Map. Said landscape plans and irrigation plays shall include the following:
a. A six- loot- high solid masonry wall with split block faces, columns, or other design features to provide visual relief along the wall face, shall be subject to approval by the City' s Project Assistance Team. Said wall/ fence shall be reduced in steps from six feet in height to forty inches in height within the 25- foot front-yard setback line. b. l._andscape irrigation plans shall include type, size, and location of the irrigation system, the location and design of' all walls; and the size, type, and location of all plant materials.

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

16. With the exception of model houses, as provided in Section 3. 080, Chapter 3, Title 16 Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until Tract 7052 has been recorded pursuant to the requirements of Title 16 ( Subdivision Ordinance) and Title 17 ( Zoning Ordinance) of the Shaffer Municipal Code.

17. The developer of Tract 7052 shall comply with all San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) requirements while grading and developing the site. It is the developers responsibility to contact the SJVUAPCD to determine which requirements/ rules the developer must comply with.
3

18. Fiber to the Home Infrastructure. The City of Shatter intends to deploy a City- owned high- speed " Fiber to the Home" network. Prior to recordation of Tract 7052, or any phase of' i"ract 7052, the Developer shall provide in ground conduit and necessary appurtenances within the tract and within arterial and collector roads adjacent to Tract 7052, ( or any phase of Tract 7052) in order to implement the City' s Fiber to the Home infrastructure project.

19. The following disclosure shall be placed upon the final subdivision map and included on all deeds for property transfers within Tract 7052: " If your real property is near property used for agricultural operations and/ or keeping of large hoofed animals, you may be subject to inconveniences or discomforts arising from such operations on any 24 hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws."

20. Prior to recordation of' Tract 7052, the developer and Richland School District staff shall meet and develop a school bus stop plan to accommodate residents of Tract 7052.

21. Approved street names are: South Poplar Avenue, West Los Angeles Avenue, Jeffrey Lane, Kathy Lane, Myrna Lane, Shirley Lane, Gary Lane, and Pamela Lane. The remaining streets in the tract will need to be renamed from the following list of approved alternative street names: Benjamin Lane, Danielle Lane, Donald Lane, Erik Lane, or Jeffrey Lane.

22. Prior to construction, the developer shall locate and expose for inspection and leak testing by the California Department of Conservation/ Division of Oil, Gas, and Geothermal Resources ( DOGGR), the abandoned oil well identified as " Russell" 73- 17.

Written notice of compliance shall be provided to the City of Shatter prior to recordation of the final map.

23. The location of the abandoned well (" Russell" 73- 17) shall be plotted on the final map with a 10- foot " no- build" radius identified.

24. Should any previously unknown or unrecorded oil well he uncovered or damaged during excavation or grading, the DOGGR shall be contacted for remediation information and approval.

BUILDING

25. Private drives constructed of Portland cement- concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each house.
4

26. Prior to permitting occupancy of any lot, building addresses shall be permanently installed and clearly visible from the street.

ENGINEERING: GENERAL

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

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

29. A six ( 6) foot public utility easement shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer.

Easements shall be granted with the final map.

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

31. Any above ground utility cabinets or facilities to be located within the road right- of-way or public utility easement shall be permitted only upon approval by the City Engineer.

Such approval will be made in writing, upon written request of the applicant and/ or the affected utility company.

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

33. Any onsite water wells shall be abandoned per Kcrn County standards.

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

35. All new utilities shall be underground service.

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

37. Prior to issuance of a certificate of occupancy on any lot of the proposed tract, all required improvements shall be completed and accepted by the City Council. Additional improvement outside the affected project boundary may be required for orderly development as determined by the City Engineer.
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38. All improvements shall be complete within one ( 1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer.

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

ENGINEERING: GRADING & DRAINAGE

40. Prior to review of any required improvement plans, both a drainage/ hydrology study and a master grading plan for all tract phases shall be submitted to and approved by the City Engineer.

41. The drainage/ hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval.

The study shall demonstrate that any potential run- off will not impact surrounding properties. The study shall focus on the project property and any affected adjacent properties.

42. The grading plan for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. All grading shall conform to the California Building Code, latest edition, approved by the City and City adopted standards and specifications. Storm drainage protection and disposal of water into and from the affected property shall be by method approved by the City Engineer.

43. A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork, & building design shall be performed in accordance with the recommendations of the soils report.

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

45. Prior to issuance of a building permit, the developer shall file a " Rough Grade Certificate" with the City in accordance with the City Engineering and Design Standards.

Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certification that the rough graded in substantial conformance with the approved grading plan and Chapter 33 ofthe California Building Code. Developer to obtain Rough Grade Certificate form from the City.

46. Prior to final approval, acceptance of work, or issuance of certificate of occupancy, the applicant' s engineer shall file a " Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate form from the City.
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47. The location and frequency of soils compaction testing shall be per the City Engineer.

Soils compaction testing shall be provided by the developer/ owner.

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

49. All building pads shall provide a minimum of 2% slope away from each house to an earthen swale, and a minimum of 1% from the highest point in the swale to the street.

The minimum pad height shall be twelve ( 12) inches above the adjacent curb.

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

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

52. Drainage Basin:
a. Perimeter screening: The area used for the drainage sump shall be fenced and screened in a manner approved by the City Engineer. The fence is to enclose the entire sump. Masonry wall ( or equivalent) conforming to City standards shall be built for all portions of the perimeter fence viewable from the street or adjacent lots.
b. Access Point: Public works entrance to the drainage sump shall be from an internal local street. Access shall be provided by a residential drive approach and a 16 foot wide gate. Gate construction shall be decorative in nature, shall provide a secure entrance to the basin, and shall prevent visibility of the basin. Gate shall be constructed of steel, or other approved material. Wood or chain link gates shall not be acceptable. Construction, style, and finish are subject to city approval.
c. Easements: Easements for access and/ or storm drains shall be provided on the, final map or by separate instrument as approved by the City Engineer. d. Landscaping: A landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the City Engineer. Said approved landscape and irrigation plan shall be implemented prior to issuance of any building permit for the development.
1) All landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards.
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2) Landscaping shall include irrigation pipes, timers, and individual services for electrical and water.
a) Exception: When possible, irrigation pipes shall be extended from the dedicated landscaping areas along arterials, collectors, or other public landscaping, proposed or existing, in lieu of obtaining additional services for water or electrical.
e. Landscaping Area: A minimum setback of eight ( 8) feet shall be provided between the back of sidewalk of a local road and the back of the perimeter screening wall discussed in ( a) above. The minimum depth for landscaping along arterials and collectors shall be governed by the City standards for arterials and collectors.
1) Exception: At the option of the City Engineer, the area between the right of way line and the setback line for the lots containing the sump shall be dedicated to the adjacent lots, and the landscaping usually required for the sump lot shall belong to the lots adjacent to the sump. 2) Exception: The minimum setback shall be increased if the perimeter screening creates a line of site issue for street intersections or residential driveways.

53. The number and location of street based siphons and cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0. 6%.

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

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

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

57. Contractor is responsible for the grading of lot pad areas to within 0. 1' of the design elevations.

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

59. All fill material shall be moisture conditioned to at least 2% above optimum moisture and compacted to 90% relative density, as determined by test methods referenced in 8

California Building Code. appendix Chapter 33, Section 3305, and so certified by tests and report from the soils engineer.

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

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

62. Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2' beyond the outside edges of pavements.

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

64. All fill areas to he cleared of all vegetation and other unsuitable material for a structural fill and the areas shall be scarified to a depth of 6", unless specifically noted otherwise in the preliminary soils report.

65. All slopes in excess of three feet shall be prepared and maintained to control against erosion.

66. Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California Building Code.

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

68. Dust Control: It shall be the developer' s responsibility to prevent a dust nuisance originating from the site of work as a result of his operations during the effective period of this contract. Preventative measures to be taken by the contractor shall include but not be limited to the following;
a. Water shall be applied to all unpaved areas as required to prevent the surfaces from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
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ENGINEERING: WATER/ FIRE

69. Developer shall install a water system for the development together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. Developer shall submit water improvement plans to the City Engineer for review and approval. Developer shall construct public water systems in accordance with Subdivision and Engineering Design Manual for the subject property.

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

71. The City Engineer shall recommend hydrant type and location if required.

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

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

74. Whenever possible, the water system shall be looped to minimize dead ends. For cul- desacs greater than 330 feet in length, the water main shall be looped through the side lot lines, ofthe lots near the end of the cul- de- sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision and Engineering Design Manual.

75. Separate water services shall be installed for each residential property.

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

77. Prior to the issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted ( UFC 10. 502, 10. 503).

78. Developer shall install a new waterline in Los Angeles Avenue parallel to an existing 6" PVC waterline. Developer shall be allowed to tie into the existing 6" diameter water main in Los Angeles Avenue at the western tract boundary only, creating a loop for the existing 6" waterline. Developer shall branch off the new waterline for the development and not use the existing 6" line for any services.
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ENGINEERING: SEWER

79. Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individual services for the purposes of the development.

Developer shall submit sewer improvement plans to the City Engineer for review and approval. Developer shall construct public sewer systems in accordance with Subdivision and Engineering Design Manual for the subject property.

80. No properties shall be served by a septic system.

81. Sewer line size, location, slope, and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision Engineering Design Manual.

82. Tie-ins to existing sewer mains, manholes, or other structure shall be constructed as directed by the City Engineer.

83. Separate sewer services shall be installed for each property. At no time shall sewer be joint trench with water.

84. The separation of sewer and water mains shall be governed by City standards. If City standards cannot be achieved, Developers' attention is directed to Guidance Memo No. 2003- 02: Guidance Criteria for the Separation of Water Mains and Non- Potable Pipelines published by the CaliEwnia Department of Health Services. The recommendations contained within shall govern the construction of adjacent sewer and water. A copy is available from the City Engineer.

85. Sewer lines will not be permitted in easements between the back yards or side yards of single or multi- family lots.

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

87. Lift station design, location, and construction shall be subject to the approval ofthe City.

Developer shall specify ROMTEC or equivalent pre- manufactured lift station with specifications subject to City approval.

88. Developer shall be responsible for obtaining electrical service for the lift station with sufficient service and panel sizing to accommodate the full capacity and final usage of the lift station.

89. Developer agrees to enter into reimbursement agreements with the City for the oversizing of any sewer line, lift station, force main, or other infrastructure that will enable adjacent properties to develop and utilize the improvements.
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ENGINEERING: STREET & TRAFFIC

90. Developer shall construct and provide right- of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, street lights, drive approaches, intersections, and other related improvements for the purposes of the development. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include:
a. preliminary soils report - including R values taken from proposed road locations and infiltration tests taken from any proposed basin site( s); 1) At least two ( 2) R- value tests will be taken for Poplar Avenue, two ( 2) Rvalue tests will be taken for L, os Angeles Avenue, and six ( 6) for local interior streets dedicated for the development.
b. preliminary engineer' s estimate of construction costs; and c. plan check and inspection fees.

91. The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvement shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual.

92. Street Sections:
a. Pavement structural section calculations shall be performed to verify the proposed structural sections and shall be submitted to and approved by the City Engineer with street plans. Calculations shall use the results of the R- value tests from the soils report.
b. The minimum allowable structural section for Poplar Avenue shall be 0. 38 feet of Asphalt Concrete ( 3/ 4" AR- 4000) over 0. 67 feet of Class II Aggregate Base over

1. 0 feet native material moistened and compacted to city standards. Traffic Index

8. 0. Assumed base soil R- Value of 45.
c. The minimum allowable structural section for Los Angeles Avenue shall be 0. 25 feet of Asphalt Concrete ( 3/ 4" AR- 4000) over 0. 50 feet of Class II Aggregate Base over 1. 0 feet native material moistened and compacted to city standards.

Traffic Index = 6. 0. Assumed base soil R- Value of 45. cl. The minimum allowable structural section for all local interior streets shall be

0. 17 feet of Asphalt Concrete ( 112" AR- 4000) over 0. 33 feet of Class 11 12

Aggregate Base over 1. 0 feet native material moistened and compacted to city standards. Traffic Index 4. 0
e. Minimum cross slope shall be 1. 5% constructed. A minimum of 2% cross slope shall be designed and shown on plans.

93. Street Dimensions:
a. Poplar Avenue shall be developed as a arterial, half width, along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the City Engineer. Poplar Avenue shall be fifty-five( 55) feet half right of way with forty- one ( 41) feet centerline to flowline
I) The existing oil sand paving surface shall be demolished in its entirety, and sufficient grading performed to bring the centerline profile of Poplar Avenue to an acceptable grade.
2) Provisions shall be made for both the design and construction of Poplar Avenue for a future fourteen ( 14) foot wide landscaped median centered on Poplar Avenue. As such, the east edge of pavement shall be seven ( 7) feet west of the centerline of Poplar Avenue.
3) Existing drive approaches to homes on the east side of Poplar shall be retained through construction. If necessary, Developer shall extend the drive approaches to the future east edge of paving for Poplar Avenue. 4) Developer shall transition Poplar Avenue to the existing road to the north in a manner acceptable to the City Engineer.
5) Developer shall transition to the intersection with Los Angeles in a manner acceptable to the City Engineer.
b. Los Angeles Avenue shall be developed as a Major Collector along the entire property line of the subject property, in accordance with standards and specifications ofthe City as approved by the City Engineer. Developer shall be responsible for developing the north half of Los Angeles Avenue as follows:
1) Los Angeles Avenue shall be forty- six ( 46) feet half right of way with thirty- four ( 34) feet centerline to flowline.
2) Portions of the existing cold mix/ oil sand road shall be demolished and Los Angeles Avenue shall be reconstructed to its centerline. Demolition and construction beyond the centerline of Los Angeles may be necessary if existing road profile will not accommodate new construction. 13

3) Developer shall pothole existing 6" PVC C- 900 waterline in Los Angeles to ensure there will be adequate depth after road construction is complete. c. All local streets shall be developed as full width streets in accordance with standards and specifications of the City as approved by the City Engineer. All local streets shall be fifty-two ( 52) feet full right of way with forty ( 40) feet flowline to flowline.

94. Should a street transition to another street with a ninety( 90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.

95. Cul- de- sac and street knuckle dimensions and radii to conform to the Subdivision Engineering Design Manual and/ or the City Engineer. The use of offset cuI- de- sacs is approved provided they meet the requirements of the City.

96. The following streets shall be striped in accordance with the City Engineer and Caltrans Traffic Manual, latest edition. Proposed striping shall be shown on street plans. a. Poplar Avenue
b. Los Angeles Avenue

97. Street signs shall he installed per City standards as required by the City Engineer.

98. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the City Engineer.

99. During construction, the applicant shall maintain the project, including adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings and night time hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer. 100. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City' s Subdivision and Engineering Design Manual.
101. Sidewalk, including curb, shall be five ( 5) feet wide and shall be placed behind the curb on all streets. Transitions at intersections and wheelchair ramps shall be provided and installed per City' s Subdivision and Engineering Design Manual. 102. Monument and monument covers shall be set per City Standards. 103. Temporary turnarounds, ifrequired, including right of way, shall be granted, designed, and installed per the Subdivision and Engineering Design Manual. 14

104. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top of curb with a stamped " S".
105. Street lighting shall be installed in accordance with the City Engineering& Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS- 2B rate schedule.
106. Secondary access easements shall be provided at the request of the City Engineer.

Within any given phase of development, secondary access easements and improvements shall he provided in a manner approved by the City Engineer. Access roads shall be twelve ( 12) feet in width and shall consist of three ( 3) inches of class 11 aggregate base over six ( 6) inches of native material compacted to 90% relative maximum density. 107. A waiver of direct access shall be dedicated and shown on the final map as follows:
a. Along the east property lines of lots 47 thru 52, and the lot to be dedicated for the sump.
b. Along the south property lines of lots 1 thru 1 2, and, and the lot to be dedicated for the sump.
108. Blue Botts' dots shall be placed at the center of the street for each fire hydrant. 109. A City benchmark shall be established in the top of curb at either the BCR or the ECR on the northwest corner of Los Angeles and Poplar. Location shall be established with an X" chiseled or stamped in the top of curb. Developer shall have a California State Licenced Surveyor establish the benchmark elevation and submit calculations to the City for review and approval.

ENGINEERING: LANDSCAPING
110. All landscaping plans including plants, irrigation equipment, points of connection to water lines, electrical services for timers, lighting, etc. shall be approved by the City Engineer prior to construction.
111. A masonry wall, or approved alternative, is to be installed:
a. Along the east property lines of lots 47 thru 52, and the lot to he dedicated for the sump.
b. Along the south property lines of lots 1 thru 12, and , and the lot to be dedicated for the sump.
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c. Along portions of the proposed sump perimeter as described previously. 112. Wall plans, mated als, dimensions to be approved by City prior to construction. 113. Landscaping plans including irrigation timers, piping, sprinklers, fittings, plants, trees, turf shall be approved by the City.
114. Landscaping water service point of connection shall be approved by the City Engineer.

Sleeves shall be placed under the proposed paving for landscaping piping per the City Engineer.
115. Landscaping plumbing and electrical shall be designed for all phases of the tract. 1 16. Developer shall place the entire subdivision within a new or pre- existing Landscape/ Lighting Maintenance District, prior to acceptance of improvements by the City.
a. The maintenance district shall be set- up to cover the cost of street lighting, drainage basin maintenance, and landscaping maintenance, as well as all administrative costs associated with the City' s management of the district. b. The Developer shall be required to cover the cost of street lighting, maintain all landscaping, including the replacement of any trees or shrubs that do not survive, within public right-of- way and landscape easements for a period of six ( 6) months after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. c. Developer shall be fully responsible for the formation, and formation cost of the Landscape/ Lighting Maintenance District, as directed by the City Engineer. d. Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the street lights until such time as the maintenance district is formed.
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EXHIBIT 5
RESOLUTION NO. 2993

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING A TWO (2) YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 7052 LOCATED ON THE WEST SIDE OF POPLAR AVENUE BETWEEN LERDO HIGHWAY AND W. LOS ANGELES AVENUE, WITHIN THE CITY OF

SHAFTER
WHEREAS, on September 03, 2024, HB Ag Investments, LLC, the property owner, requested approval of an extension of time to record a final map on that certain property in the City of Shafter as shown on attached Exhibit “A”, citing their existing agricultural operations as the justification for extending the map. The extension of time request was submitted prior to the expiration of the map and is being considered within the 60-day time period allowed by the Subdivision Map Act; and
WHEREAS, Tentative Tract Map 7052, proposing to subdivide an approximate 90.18 acres into 94 single-family residential lots ranging in size from 10,800 square feet to 23,356 square feet, a sump lot, and a 52.6-acre designated remainder, was approved by the City Council on September 18, 2007; and
WHEREAS, the City of Shafter adopted a Negative Declaration for Tentative Tract No. 7052 on September 18, 2007 (Resolution No. 07-1946), therefore no additional CEQA analysis or documentation is required for the extension of time; and WHEREAS, Tentative Tract Map No. 7052 was approved with a condition requiring the final map to be recorded within two years; and
WHEREAS, on July 15, 2008, the state legislature amended the Subdivision Map Act to provide an additional twelve (12) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2011; and
WHEREAS, on July 15, 2009, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2012; and
WHEREAS, on July 15, 2011, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps scheduled to expire before January 1, 2014; and
WHEREAS, on July 11, 2013, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps approved on or after January 1, 2000 and that have not expired on July 11, 2013; and WHEREAS, on October 10, 2015, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all approved subdivision maps approved between January 1, 2002 and July 11, 2013; and

Shafter City Council Resolution No. 2993
November 19, 2024

WHEREAS, on August 14, 2018, the City Council approved Resolution No 18-336 a resolution of the City Council of the City of Shafter approving a two (2) year discretionary extension of time; and
WHEREAS, on September 27, 2018, the state legislature amended the Subdivision Map Act to provide an additional twenty-four (24) month extension of time for all tentatively approved subdivision maps approved on or after January 1, 2006, and not later than July 11, 2013; and
WHEREAS, on June 7, 2022, the City Council approved Resolution No. 2865, a resolution of the City Council of the City of Shafter approving a two (2) year legislative extension of time in accordance with Government Code Section 66452.26 for Tentative Tract No. 7052, thereby extending the recordation date of the map to September 18, 2024; and WHEREAS, Title 16, Section 4.080.B of the City Municipal Code (Subdivision Ordinance) and Government Code §66452.6(e) allow the City Council to approve extensions of time for approved, or conditionally approved, tentative subdivision maps if the request is received prior to the expiration date of the map; and
WHEREAS, the City of Shafter has historically approved subdivision map extensions of time in two-year intervals; and
WHEREAS, the Planning Commission did, on October 08, 2024, approve Resolution No. 24-447, a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve a two-year extension of time for Tentative Tract Map No. 7052, subject to the conditions approved by the City Council on September 18, 2007, to expire on September 18, 2026; and
WHEREAS, the City Council through the City Clerk, did set Tuesday, November 19, 2024 at the hour of 6:00 p.m. in the City Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Shafter Municipal Code; and
WHEREAS, the City of Shafter adopted a Negative Declaration for Tentative Tract No. 7052 on September 18, 2006 (Resolution No. 07-1946), therefore no additional CEQA analysis or documentation is required for the extension of time; and WHEREAS, at said City Council meeting held on November 19, 2024, the proposed extension of time for Tentative Tract Map No. 7052 was duly presented and considered and the City Council determined that Tentative Tract Map No. 7052 is eligible to receive a twoyear extension of time for recordation of the final map.

Shafter City Council Resolution No. 2993
November 19, 2024

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 19th day of November, 2024, resolved to approve a two- year extension of time for Tentative Tract Map No. 7052 (Exhibit “A”) located on west side of Poplar Avenue between Lerdo Highway and W. Los Angeles Avenue, subject to the conditions approved by the City Council on September 18, 2007 (Resolution No. 07-1946), to expire on September 18, 2026.

PASSED, APPROVED AND ADOPTED this 19th day of November 2024. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 19, 2024
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TENTATIVE TRACT MAP NO. 6614 EXTENSION OF TIME

APPROVAL

RECOMMENDATION
Council conduct a public hearing; and, adopt Resolution No. 2994, a Resolution of the City Council of the City of Shafter approving a two (2) year extension of time for Tentative Tract Map No. 6614 located East of North Beech Avenue between East Fresno Avenue and East Tulare Avenue, subject to the conditions approved by the City Council on September 19, 2006, to now expire on March 19, 2027. See Exhibit 5 for Resolution No. 2994.

BACKGROUND
On September 11, 2024, the current property owner, LGI Homes, LLC submitted an application for a two-year extension of time request to extend the time to record a final map for Tentative Tract No. 6614 (Exhibit 3). The City Council approved Tentative Tract Map No. 6614 on September 19, 2006 by Resolution No. 06-1890 (Exhibit 4).

The tract map is located East of North Beech Avenue between East Fresno Avenue and East Tulare Avenue and proposes to subdivide 140 acres into 430 single-family residential lots ranging in size from 8,301 square feet to 16,692 square feet, an approximate 5-acre public park, two drainage basin lots, a public paseo, and an oil drilling island (Exhibit 2). The subject property is zoned for Specific Plan; and is approved for residential development within the Orchard Park Specific Plan.

PROJECT ANALYSIS
The original expiration date for the tentative map was September 19, 2006. The tentative map has remained active due to multiple extensions of time approved by the State legislature and several discretionary extensions of time approved by the City Council. The tentative map is currently set to expire on March 19, 2025.

The owner of the subject property has begun grading work in Phase 1 of the tract and has an active Phase 1 Final Map application under review. The owner would like additional approval time for the map to have sufficient time to record Phase 1 and to submit an application for Phase 2 in the near future. One more two-year discretionary extension of time is allowed by the City’s Subdivision Ordinance and the Subdivision Map Act for this tract. Approval of the requested two-year extension would result in Tentative Tract 6614 expiring on March 19, 2027.

TENTATIVE TRACT MAP NO. 6614 EXTENSION OF TIME APPROVAL - 2 -
If the map has still not been recorded by the new expiration date, the map approval will expire, and the map will be considered null and void. The applicant would thereafter need to submit a new tentative map application for any undeveloped and unrecorded phases of the tract.

Staff believes the eventual recordation and development of the approved subdivision would be beneficial to the community by increasing the housing supply. The Shafter Planning Commission unanimously recommended that the City Council approve the extension of time. Staff recommends that the City Council approve the requested twoyear extension of time to file a final map for Tentative Tract Map 6614.

ALTERNATIVES
The tentative tract map would expire if the requested extension of time is not approved by City Council. The developer would be unable to submit a Final Map application for Phase 2 of this tract and would instead have to restart the entitlement process for the second phase of development. This would prolong the process of bringing new homes into the community. The subject property would remain vacant and undeveloped for a longer period of time.

NEXT STEPS
The developer currently has a Final Map application for Phase 1 of this tract, and the site is being graded. The first phase final map is expected to be approved soon, at which point, the developer can begin applying for building permits to begin housing construction. This extension of time will provide the developer with additional time to apply for a Final Map for Phase 2 and get the second phase final map recorded.

Thereafter, the developer could apply for building permits within the second phase of development.

FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of this tentative tract map extension. Indirectly, this approval may expedite the development of this residential project. Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.

CEQA ANALYSIS
The residential project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related action (SCH No. 2004101029) and the Addendum to the Certified Final Program Environmental Impact Report per Resolution No. 06-1889. The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 6614 as adopted in the Orchard Park Specific Plan per Ordinance 06-583. Therefore, no additional CEQA analysis or documentation is required for the extension of time.

TENTATIVE TRACT MAP NO. 6614 EXTENSION OF TIME APPROVAL - 3 -

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Exhibit 1 - Vicinity Map

2. Exhibit 2 - Tentative Tract Map 6614

3. Exhibit 3 - Extension of Time Application

4. Exhibit 4 - Resolution No. 06-1890 with Conditions

5. Exhibit 5 - Resolution No. 2994

E FRESNO AVE

BLAKE AVEBEECH AVE
OAK ST
ELM ST

PINE ST

E TULARE AVE
SITE
TENTATIVE TRACT 6614 EXTENSION OF TIME
Copyright nearmap 2015, Sources: Esri, HERE, Garmin, FAO, NOAA, Override 1
Parcel Boundary
Roads and Alleys
Arterial
Alley
Collector
Local-Residential
8/7/2019, 10:25:09 AM
0 0.05 0.1 0.2mi
0 0.1 0.2 0.4km
1:9,028
City of Shafter, Planning Department Official
The contents of this map are to be considered unofficial unless granted express consent from the City of Shafter Planning Department. The City of Shafter cannot guarantee the accuracy of this map layout or its contents.

' Docusigh Envelope lD: 9700358D-7F794536-A1 D4-EE2EE928590D

GITY OF SHAFTER
Planning Department
336 Pacific Avenue
Shafter, California 93263
(661) 746-5002

TENTATIVE SUBDIVISION/PARCEL MAP EXTENSION OF TIME

APPLICATION FORM
Tent. Map No. 6614 Application Fee $ soo.oo Receipt No. Received By Staff q 'f zA' To expedite processing of this Extension of Time Application, and to eliminate unnecessary delays to tfre applicant, Planning Staff will not accept this application unless all items have been completed and this application form has been signed and dated' ln the event errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision.

APPLICATION IS HEREBY MADE TO THE PLANNING DEPARTMENT THAT:
sheet if
Name: LGI Homes - California. LLC Phone: (gtO) s60-1487 e r
Add ress:2251 Douslas Blvd, STE 110
City Roseville
E-mail add evan
Applicant or Aqent (attach sheet if more than one applicant) State: CA zip 95661
Name: San Joaquin Engineeri nq, INC Phone: (661 ) 33 7
Address: 200 New Stine Rd. STE 175
City: Bake ld State: CA Zip 93309
E-mail address [email protected]
BE GRANTED AN EXTENSION OF TIME FOR:

Tentative Subdivision/Parcel Map No: 6614
Reason(s)for and supporting the requested extension:

The tentative map expires in March 2025. and the maP currentlv has add itional discretionarv extensions of time. LGI Homes has begun mass gradinq on the proiect site and processing the final for the first Phase concurrent to this application. Extending this map will allow development to continue and Provide in-demand housinq for the citu of Shafter
1 SubdivisioniParcel Map Extension of Time Form

r Docusign Envelope lD: 9700358D-7F79-4536-A1 D4-EE2EE928590D

APPLICANT'S SIGNATURE AND DATE INDICATES COMPLETION OF THE APPLICATION.

I certify that I am the record owner or authorized agent and that the information filed is true and correct to the best of my knowledge.
6tan lld^I
8/28/2024
S re Date
icant's or Agent's Signature Date
2 Subdivision/Parcel Map Extension of Time Form

RESOLUTION NO. 06- 1890

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SHAFTER RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
TENTATIVE TRACT NO. 6614 ON CERTAIN PROPERTY LOCATED

ON THE EAST SIDE OF BEECH AVENUE BETWEEN TULARE

AVENUE AND FRESNO AVENUE
WHEREAS, Nolte Engineering, filed an application requesting approval ofTentative Tract Map No. 6614 on that certain property in the City of Shafter as shown on attached Exhibit 4; and WHEREAS, the City Council of the City of Shafter, at its regularly scheduled meeting on September 19, 2006, studied and considered the Addendum to the Final Program Environmental Impact Report ( Exhibit 6) for the 2005 General Plan Update and related• actions •( SCH No. • •••• 2004101029) for Tentative Tract 6614; and
WHEREAS, no new information or conditions have been submitted or identified that would require the preparation of a subsequent FIR, pursuant to Section 15162 of the State CEQA Guidelines, for the proposed project; and
WHEREAS, the 2005 General Plan Update was a comprehensive revision to the City of Shafter 1993 General Plan that expanded the General Plan Study Area, updated the seven mandatory elements of the General Plan, including the Housing Element, provided an explicit statement of community vision, Coberly West Specific Plan, Mission Lakes Specific Plan, annexation of 5, 233. 68 acres( Annexation No. 77), pre- zoning for Annexation No. 77, and cancellation oftwo Williamson Act contracts for 1007 acres; and
WHEREAS, the expansion ofthe North ofRiver Municipal Water District was not proposed for adoption by the City of Shafter under the 2005 General Plan Update but addressed and analyzed under the Certified Final Program EIR regarding water service to Annexation No. 77; and WHEREAS, in the initial stages of preparing the-2005 General Plan Update, the City of Shafter determined that an Environmental Impact Report ( EIR) would be required for the project, and, therefore, a Notice of Preparation ( NOP) was prepared in accordance with the California Environmental Quality Act ( CEQA) to study the environmental impacts ofthe project, and WHEREAS, the NOP for the General Plan Update was sent to all agencies having involvement in the project per Section 15082 of the CEQA Guidelines; and WHEREAS, the Draft Program Environmental Impact Report for the 2005 General Plan Update and related actions was made available for a forty-five( 45) day review period in accordance with Section 15087 of the CEQA Guidelines which began on April 13, 2005, and ended on May 27, 2005; and
EXHIBIT 2

WHEREAS, on June 9, 2005, the Final Program Environmental Impact Report was completed pursuant to Section 15132 of the CEQA Guidelines and notice of its availability was published in the Shaffer Press and Bakersfield Californian and provided to interested parties and commenting agencies.

WHEREAS, the environmental record prepared in conjunction with the project included the following:

1. The Notice ofPreparation, the Draft Program Environmental Impact Report, and the Final Program Environmental Impact Report; and

2. All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultant relating to the project; and

3. All testimony, documents, and evidence presented by the City of Shafter and consultant working with the City relating to the project; and

4. The proceedings before the Planning Commission relating to the project and Draft Program Environmental Impact Report including testimony and documented evidence introduced at the May 10, 2005 public hearing; and WHEREAS, the laws and regulations relating to the preparation and certification of an environmental impact report, as set forth in the City' s Local Guidelines Implementing the California Environmental Quality Act were adhered to and duly followed by City Staff, the Planning Commission, and City Council; and
WHEREAS, in accordance with Sections 15090 and 15151 of the CEQA Guidelines, the Final Program Environmental Impact Report for the 2005 General Plan Update was considered for adequacy, completeness and good faith effort at full disclosure and completed in compliance with CEQA; and
WHEREAS, on June 21, 2005, the City Council of the City Shafter certified the Final Program Environmental Impact Report for the 2005 General Plan Update and related actions in Resolution No. 05- 1738; and
WHEREAS, in accordance with Sections 15091 of the CEQA Guidelines, findings and supporting rationale regarding identified significant environmental effects and related mitigation measures in the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions( State Clearinghouse# 2004101029) were adopted by the City ofShafter on June 21, 2005, under Resolution Nos. 05- 1739, 05- 1740, 05- 1741, 05- 1742, 05- 1743, 05- 1744, and 05- 1745 and Ordinance No. 05- 567; and
WHEREAS, in accordance with Sections 15093 of the CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General. Plan Update and related actions ( State Clearinghouse # 2004101029), a Statement of Overriding Considerations with supporting reasons for Aesthetics and Visual Resources, Air Quality, Water Resources,

Agricultural Resources, and Population and Housing was adopted by the City of Shafter on June 21, 2005, wider Resolution Nos. 05- 1739, 05- 1. 740, 05- 1741, 05- 1742, 05- 1743, 05- 1744, and 05-] 745 and Ordinance No. 05- 567; and
WHEREAS, in accordance with Sections 15097 of the CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions ( State Clearinghouse # 2004101029), a Mitigation Monitoring and Reporting Program for the mitigation measures referenced above was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05- 1739, 05- 1740, 05- 1741, 05- 1742, 05- 1743, 05- 1744, and 05- 1745 and Ordinance No. 05- 567; and
WHEREAS, on June 13, 2006, the Planning Commission ofthe City of Shafter recommended that the City Council certify the Addendum to the Final Program Environmental Impact Report for the 2005 General Plan Update and related actions ( SCH No. 2004101029) for Tentative Tract 6614; and
WHEREAS, based on the absence of evidence in the record as required by Section 21082. 2 of the State of California Public Resources Code for the purpose of documenting significant effects, it is the conclusion of the City of Shafter that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a " de minimis" exemption in accordance with Section 711. 4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced evidence and the conclusion of the Addendum to the Certified Final Program Environmental Impact Report that the implementation of the mitigation measures and general plan policies would reduce the project and cumulative impacts on biological resources to a level that is less than significant; and
WHEREAS, the Planning Commission did, on September 12, 2006, approve Resolution No. 06- 119; a resolution ofthe Planning Commission ofthe City of Shafter recommending that the City Council approve Tentative Tract 6614; and
WHEREAS, a timely and properly noticed public hearing for Tentative Tract 6614 was held by the City Council of the City of Shafter at a regular meeting on September 19, 2006, at which hearing evidence, oral and documentary, was admitted on behalf of said project; and NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Shafter, in a regular session assembled on the
19th
day of September, 2006, hereby adopts the Addendum and
approves Tentative Tract 6614.

PASSE 1 AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2006.
i .. S:
i . ' 4
Fran Florez, Mayor

ATTEST:

Dolores Robinson, City C

APPROVED AS TO FORM
Stephen P. Deitsch S/S
Stephen P. Deitseh, City Attorney

CERTIFICATE OF GOVERNING BODY' S ACTION

STATE OF CALIFORNIA )
ss.

COUNTY OF KERN
I, Dolores Robinson, City Clerk ofthe City of Shafter, California, DO HEREBY CERTIFY that the above and foregoing Resolution of the City Council of the City of Shafter was duly passed and adopted at a Regular Meeting held on the 19th day of September, 2006, by the following vote:

AYES: Colvard, Trout, Johnston, Nelson & Florez
NOES: None
ABSENT: None
ABSTAINING: None
Date: September 20, 2006
T%
Dolores Robinson, City Clea

1 2.
3 TENTATIVE TRACT NO. 6614

CONDITIONS OF APPROVAL
EXHIBIT 3
ENGINEERING: GENERAL
REFERENCES ARE MADE HEREIN TO THE APPROVED "ORCHARD PARK SPECIFIC PLAN", ACCEPTED BYTHE CITYOF SHAFTERCITYCOUNCIL0N July 1B,2006,ANYANDALL IMPROVEMENTS REQUIRED BY THE "ORCHARD PARK SPECIFIC PLAN" SHALL ALSO BE REQUIRED BY THESE CONDITIONS OF APPROVAL. ADDITIONAL REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS REQUIRED BY THE ORCHARD PARK SPECIFIC PLANS ARE INCLUDED HEREIN.

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

Developer is hereby notified that any existing street improvements damaged or removed during the construction of improvements shall be replaced with acceptable temporary paving prior to the contractor leaving the site of work.
(a.) Exceptions: Temporary paving shall not be required to be replaced where acceptable two way traffic can still be maintained in each direction,
Acceptable traffic control, including signs and personnel, shall be utilized whenever construction of required improvements requires the contractor to work within existing vehicular paths of travel, lf determined necessary by the City Engineer, contractor shall include provisions to allow for pedestrian traffic through or past the construction site. The latest edition of the Caltrans Traffic Manual shall be the standard for all construction related traffic control.

Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project,
A six (6) foot public utility easement shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer. Easements shall be granted with the final map,
Easements to be given to the City or any other public utility agency for, sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property, except as provided in 5 above, without prior approval of the City Engineer, Any above ground utility cabinets or facilities to be located within the road right-of-way or public utility easement shall be permitted only upon approval by the City Engineer, Such approval will be made in writing, upon written request of the applicant and/or the affected utility company.

Any obstructions including utilities, irrigation lines, etc,, shall be removed and/or relocated, if necessary, at the expense of the applicant,
4 5
b
7 I
EXHIBIT 3

9. Any onsite wells shall be abandoned per Kern County standards. 10 No final inspection shall be approved until all required improvements have been completed by the applicant and accepted by the City.
11, All new utilities shall be underground service

12. During construction, vehicular access points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust during periods of vehicular activity and/or windy conditions and tracking of mud and dirt on public roadways, 13 Prior to issuance of a certificate of occupancy on any lot in any quadrant of the proposed tract, all required improvements in that quadrant shall be completed and accepted by the City Council.

Additional improvement outside the affected pro¡ect boundary as specifically defined herein may be required for orderly development as determined by the City Engineer. 14 All improvements shall be complete within one (1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer, 15 Type & location of centralized mail delivery units shall be determined by the postal service, lf the postalservice requires specialeasements forthe placementof the delivery units, then said easements shall be shown on the final map.

ENGINEERING: GRADING & DRAINAGE

16. All grading and drainage shall conform to a master grading & drainage plan to be performed by the developer's engineer for Tract 6614,
17 Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be submitted to and approved by the City Engineer. 18 The drainage/hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval, The study shall demonstrate that any potential run-off will not impact sunounding properties. The study shall focus on the project property and any affected adjacent properties, 19 The grading plan for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. All grading shall conform to the California Building Code, latest edition approved by the City, and City adopted standards and specifications. Storm drainage protection and disposal of water into and from the affected property shall be by method approved by the City Engineer.

20. A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan.

Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. ln addition, all site grading, earthwork, & building design shall be performed in accordance with the recommendations of the soils report,

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

24. 25.
¿o.
22,
23 29

30. Prior to issuance of a building permit, the developer shall file a "Rough Grade Certificate" with the City in accordance with the City Engineering & Design Standards. Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certification that the rough graded in substantial conformance with the approved grading plan and Chapter 33 of the California Building Code . Developer to obtain Rough Grade Certificate form from the City.

Prior to final approval, acceptance of work, or issuance of certificate of occupancy, the applicant's engineer shall file a "Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. An as built grading plan shall be submitted showing the as-built condition. Developer to obtain Final Grade Certificate form from the City, The location & frequency of soils compaction testing shall be per the City Engineer, Soils compaction testing shall be provided by the developer/owner.

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

At a minimum, building finish pad elevation shall be established so that the finish floor elevation is a minimum of twelve (12) inches plus 2% slope from the lowest adjacent flowline to the finish floor.

Slope away from the structure shall be a minimum of 20/0. Building pads shall drain to a earth swale beginning at the rear of the lot and terminating at the front yard street improvements. Corner lots shall not be permitted to drain to the side street. The earth swale shall provide a minimum of 1% from the highest point in the swale to the street,
(a.) Exception: Lots that are over 10,800 sq ft in size and have a lot depth in excess of 120 feet can have a minimum of 0,5% from the highest point in the swale to the street.

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

Wood retaining structures shall not be approved. Developer shall use masonry, concrete, or other approved material,
Storm drainage shall be contained within the development unless approved othenruise by the City Engineer. Street drainage shall be mitigated in a manner approved by the City Engineer, Drainage Basin:
(a.) Perimeter screening: The area used for the drainage sump shall have a masonry wall built around its perimeter, including along property lines between the basin and adjacent residential lots. For all portions of the perimeter wall viewable from the street or the front yards of adjacent lots, the wall shall be decorative in nature, i.) Exception: Masonry Wall shall not be required between the sump and the area identified as the "EXISTING OIL WELLS". A chain link fence shall be required here, (b.) Access Point: Public works entrance to the drainage sump shall be from an internal local 27 28

31. 32.
33,

34. 35.

36. 37.
street. Access shall be provided by a commercialdrive approach and a 16 foot wide gate.

Gate construction shall be decorative in nature (wrought iron with screen), shall provide a secure entrance to the basin, and shall prevent visibility of the basin, Gate shall be constructed of steel, or other approved material. Wood or chain link gates shall not be acceptable, Construction, style, and finish are subject to city approval. (c,) Easements: Easements for access and/or storm drains shall be provided on the final map or by separate instrument as approved by the City Engineer. (d.) Landscaping: A landscaping plan for each drainage basin required for each final map, including design of a permanent inigation system, shall be submitted to and approved by the City Engineer, Said approved landscape and irrigation plan shall be implemented prior to issuance of any building permit for the affected final map. i.) All landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards.
ii.) Landscaping shall include irrigation pipes, timers, and individualservices forelectrical and water. (1) Exception: When possible, irrigation pipes shall be extended from the dedicated landscaping areas along arterials, collectors, or other public landscaping, proposed or existing, in lieu of obtaining additional services for water or electrical,
(e.) Landscaping Area: A minimum setback of eight (8)feet shall be provided between the back of sidewalk of a local road and the back of the perimeter screening wall discussed in (a) above, The minimum depth for landscaping along arterials and collectors shall be governed by the City standards for arterials and collectors,
i) Exception: The minimum setback shall be increased if the perimeter screening creates a line of site issue for street intersections or residential driveways, The number and location of street based siphons and cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0.6%.

Grading onto adjacent property shall not be done without written permission from the adjacent property owner,
The Office of the City Engineer shall be notified 24 hours in advance of the placement of any fill material.

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

Contractor is responsible for the grading of lot pad areas to within 0.1'of the design elevations.

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

Allfill materialshall be moisture conditioned to at least 2% above optimum moisture and compacted to 90% relative density, as determined by test methods referenced in California Building Code. appendix Chapter 33, Section 3305, and so certified by tests and report from the soils engineer.

40 3B
39 44
45 The design engineer shall exercise sufficient supervisory control during grading operations to insure compliance with the plans, specifications, and code within his purview.

The placement of fill shall be in 6" maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically recommended othenryise in the preliminary soils report,
Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2' beyond the outside edges of pavements,

41. All cut and fill slopes shall not be steeper than 2 horizontal to 1 vertical 42 All fill areas to be cleared of all vegetation and other unsuitable material for a structural fill and the areas shall be scarified to a depth of 6", unless specifically noted othenruise in the preliminary soils report,

43. All slopes in excess of three feet shall be prepared and maintained to control against erosion Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California Building Code.

During grading, reasonable searching should be performed for concealed subsurface obstructions.

All abandoned subsurface obstructions should be removed. lf the terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the pro¡ect boundary.
46, Dust Control: lt shall be the developer's responsibility to prevent a dust nuisance originating from the site of work as a result of his operations during the effective period of this contract. Preventative measures to be taken by the contractor shall include but not be limited to the following; (a,) Water shall be applied to all unpaved areas as required to prevent the surfaces from becoming dry enough to permit dust formation.
(b,) Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.

ENG¡NEERING: WATER/FIRE
47 Developer shall install a water system for the development together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. Developer shall submit water improvement plans to the City Engineer for review and approval, Developer shall construct public water systems in accordance with Subdivision Engineering Design Manual for the subject property,
48 Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the applicant from the Kern County Fire Department. Evidence of this certificate of approval shall be provided to the City prior to acceptance of the water system by the City,

49. The City Engineer shall recommend hydrant type and location if required

50 52
Water line size, location, and materials shall be subject to the approval of the City Engineer. Minimum water line size shall be in accordance with the Subdivision Engineering Design Manual.

51. Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer Whenever possible, the watersystem shall be looped to minimize dead ends. Forcul-de-sacs greater than 330 feet in length, the water main shall be looped through the side lot lines, of the lots near the end of the cul-de-sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision Engineering & Design Manual, Separate water services shall be installed for each residential property.

No permanent structures shall be constructed over proposed or existing utility easements, Prior to the issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted (UFC 10.502,10.503).

ParkWaterWell: DevelopershallmakeprovisionsinthedevelopmentofTract66l4foracityowned, operated, and maintained domestic water well located in the proposed five (5) acre park. (a,) Developer shall ensure Pacific, Gas, and Electric provides adequate three phase power to the proposed park at a location approved by the City of Shafter. Preliminary estimates shows the City will require sufficient electrical power to provide 2,000 gpm against a 65 psi head. (b.) Developer shall ensure 12 inch diameter pipe for all waterlines (minimum of two) extending from the well location to the tract boundary, City to pay cost of any over sizing of pipes that lead to or from the water well site,
(c,) This condition of approval is subject to the approval of the City Manager.

ENGINEERING: SEWER
Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individualservicesforthe purposesof thedevelopment. Developershallsubmitsewer improvement plans to the City Engineer for review and approval. Developer shall construct public sewer systems in accordance with Subdivision Engineering Design Manual for the subject property, No properties shall be served by a septic system
Sewer line size, location, slope, and materials shall be subject to the approval of the City Engineer, Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision Engineering Design Manual.

Tie-ins to existing sewer mains, manholes, or other structure shall be constructed as directed by the City Engineer,
61 Separate sewer services shall be installed for each property. At no time shall sewer be joint trench with water.
53 54
55 56
57 5B
59 60
62 Sewer lines will not be permitted in easements between the back yards or side yards of single or multifamily lots.

63 64
No permanent structures shall be constructed over proposed or existing utility easements SEWER IMPROVEMENT AGREEMENT:
(a,) Developer shall use reasonable efforts to enter into an agreement with the City of Shafter and other participating property owners to extend a sanitary sewer line along Beech Avenue that will provide service for each of the 431t buildable lots of Tract 6614 and the area labeled "NOÏ A PART"
(b.) This agreement between the developer and the City shall provide for extending the City's sewer system northerly along Beech Street to serve the City's upper east side area, of which Tract 6614 shall be considered a part thereof.
(c.) Tract 6614 will not be recorded until the applicant has entered into said sewer service agreement with the City of Shafter,
(d.) Other developers shall be required to enter into the same agreement with the City of Shafter for the extension of sewer facilities along Beech Street, (e,) This agreement shall distribute the costs of the infrastructure improvement to each development based upon the number of Equivalent Dwelling Units (EDUs) within each development, One (1) residence is considered one (1) EDU. (f.) This agreement shall provide for reimbursement to the developer and other property owners from non-participating property owners through a standard City reimbursement agreement. (9.) Costs of the infrastructure improvement shall include all surveying, engineering, design, construction, testing, construction management, and administration, Developer shall extend the proposed sewer system into the area labeled NOT A PART from one of the two cul-de-sac locations directly south of the area labeled NOT A PART. Developer shall provide easements for the sewer from the adjacent lots in accordance with these conditions.

ENGINEERING: STREET & TRAFFIC
66, "Redwood" shall be renamed
Developer shall construct and provide right of way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, street lights, drive approaches, intersections, and other related improvements for the purposes of the development, Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include:
(a.) preliminarysoilsreport-includingRvaluestakenfromproposedroadlocationsandinfiltration tests taken from any proposed basin site(s);
i ) At least two (2) R-value tests will be taken for Beech Street, two (2)for Golds Street, two (2) for Tulare Avenue, two (2) for Fresno Avenue, and eight (B) for local interior streets dedicated for the development.
(b.) preliminary engineer's estimate of construction costs; and (c.) plan check and inspection fees.

The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the pro¡ect site, Said improvement shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision 65 67

68.

69 Engineering Design Manual.

Street Sections:
(a,) The minimum allowable structural section for Golds Avenue shall be 0.27 feet of Asphalt Concrete (3/4" AR-4000) over 0,50 feet of Class ll Aggregate Base over 1.0 feet native material moistened and compacted to city standards, Traffic lndex =6.0. Assumed base soil R-Value of 45,
(b.) The minimum allowable structural section for Beech Street shall be 0,38 feet of Asphalt Concrete (3/4" AR-4000) over 0,67 feet of Class ll Aggregate Base over 1,0 feet native material moistened and compacted to city standards, Traffic lndex =8.0, Assumed base soil R-Value of 45.
(c,) The minimum allowable structural section for Tulare Avenue shall be 0.38 feet of Asphalt Concrete (3/4" AR-4000) over 0.67 feet of Class ll Aggregate Base over 1,0 feet native material moistened and compacted to city standards. Traffic lndex = 8.0, Assumed base soil R-Value of 45,
(d.) The minimum allowable structural section for Fresno Avenue shall be 0.38 feet of Asphalt Concrete (3/4" AR-4000) over 0,67 feet of Class ll Aggregate Base over 1.0 feet native material moistened and compacted to city standards, Traffic lndex = 8.0. Assumed base soil R-Value of 45.
(e,) The minimum allowable structural section for the following interior streets shall be 0,17 feet of Asphalt Concrete (3/4" AR-4000) over 0.33 feet of Class ll Aggregate Base over 1.0 feet native material moistened and compacted to city standards. Traffic lndex = 4.5, Assumed base soil R-Value of 45:
i,) Vine
ii,) Briarwood, including the roundabout
iii.) Audubon, including the roundabout
iv,) Woodward (from Almond to Driftwood)
v.) Almond (from Woodward to Audubon)
vi.) Driftwood (from Woodward to Brianrvood)
vii.) Cottonwood
viii,) Redwood (to be renamed) (from Cottonwood to Shenruood) ix.) Shen¡¡ood x.) Tamarack xi.) Park (from Tamarack to Alder) (f,) The minimum allowable structural section for all other local interior streets shall be 0.17 feet of Asphalt Concrete (%" AR-4000) over 0.33 feet of Class ll Aggregate Base over 1,0 feet native material moistened and compacted to city standards. Traffic lndex = 4,0 (9,) Pavement structural section calculations shall be performed to verify the proposed structural sections and shall be submitted to and approved by the City Engineer with street plans.

Calculations shall use the results of the R-value tests from the soils report. (h.) Minimum cross slope shall be 1.5% constructed. A minimum of 2% cross slope shall be designed and shown on plans,
Street Dimensions:
(a,) Golds Street shall be developed as a major collector, half width, along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the City Engineer. Golds Street shall be forty-six (46) feet half right of way with thirty-four (34) feet centerline to flowline.
70

71 (b.) Beech Street shall be developed as a modified arterial along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the City Engineer. A portion of Beech Street shall be offset ten ('10) feet to the east at the intersection of Beech Street and Tulare Avenue. Beech Street shall be granted forty-six (46) feet of right of way from the development with an addition ten (10) feet as it approaches Tulare Avenue from the north. Flowline shall be constructed at thirty-four (34) feet centerline to flowline, i.) Portions of the existing road shall be demolished and Beech Street shall be reconstructed to its centerline, Reconstruction beyond the centerline may be necessary if existing road profile will not accommodate new construction. ii,) Final layout subject to the approval of the City Engineer, (c.) Tulare Avenue shall be developed as a major collector, half width, along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the City Engineer. Tulare Avenue shall be forty-six (46) feet half right of way with thirty-four (34) feet centerline to flowline. i,) Portions of the existing road shall be demolished and Tulare Avenue shall be reconstructed to its centerline. Reconstruction beyond the centerline may be necessary if existing road profile will not accommodate new construction, (d,) Fresno Avenue shall be developed as a arterial, half width, along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the City Engineer. Fresno Avenue shall be fifty-five (55) feet half right of way with fortyone (41)feet centerline to flowline. i ) The existing edge of paving of Fresno Avenue shall be sawcut and Fresno Avenue shall be constructed to match the paving at the sawcut line. ii,) Provisions shall be made for both the design and construction of Fresno Avenue for a future fourteen (14) feet wide landscaped median centered on Fresno Avenue. iii,) Developer shall transition Fresno Avenue back to a two lane road in a manner acceptable to the City Engineer,
(e.) The following intersections shall be expanded to provide additional right of way for turning lanes in accordance with City standards. Dimensions are subject to approval by the City Engineer. i.) Beech Street at Tulare Avenue ii,) Golds Street at Tulare Avenue iii,) Beech Street at Fresno Avenue (f,) All local streets shall be developed as full width streets in accordance with standards and specifications of the City as approved by the City Engineer, All local streets shall be fifty-two (52) feet full right of way with forty (40) feet flowline to flowline, (9,) Construction of the developers half of the median along Fresno Avenue may be eliminated upon developers payment of their half of the median costs along Fresno Avenue to the City of Shafter in satisfaction of Section 3.4.1 of the Orchard Park Specific Plan.

Developer shall proposed grades and locations for all curb & gutter located on the north and east sides of the area labeled NOT A PART inside the future rights of way, Developer shall not be required to construct street improvement along the frontages of the area labeled NOT A PART, but he shall be required to show that the street improvements required with the development of Tract 6614 will work with any future development of the area labeled NOT A PART, Should a street transition to another street with a ninety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans, 72

73 Cul-de-sac and street knuckle dimensions & radiito conform to the Subdivision Engineering Design Manual and/or the City Engineer. The use of offset cul-de-sacs is approved provided they meet the requirements of the City.

Roundabouts: Roundaboutdesign including proposed rights of way, curb locations and radii, center landscaped area and radii, transitions, crosswalk locations, etc, are subject to the approval of the city engineer, For reference, the City Engineer will be analyzing submitted roundabout designs using the Federal Highway Administration document entitled "Roundabouts: An lnformational Guide", FHWA-RD-00-67, June 2000.

Enhanced Paved Drives:
(a.) Those areas identified within the Orchard Park Specific Plan as having "ENHANCED PAVED DRIVES" shallhave theirstreetsections designed in accordance with the previously listed Tl's above and the R-Values from the soils testing.
(b,) Design sections and exact location of the "ENHANCED PAVED AREAS' shall be shown on the approved street plans,
(c.) Design samples shall be provided to the planning director for approval prior to construction of any "ENHANCED PAVED DRIVES".
(d,) Developer shall protect the decorative nature of any "ENHANCED PAVED DRIVES" from damage or abnormal wear & tear due to construction traffic. lf "ENHANCED PAVED DRIVES' have been damaged or suffered abnormal wear and tear from construction traffic, then "ENHANCED PAVED DRIVES" shall be repaired or replaced at the discretion of the City Engineer.

The following streets shall be striped in accordance with the City Engineer and Caltrans Traffic Manual, latest edition. Proposed striping shall be shown on street plans, (a.) Tulare Avenue
(b.) Beech Street
(c.) State Avenue
(d.) Fresno Avenue
(e.) Roundabouts, if required by the City Engineer
ln addition, the following streets shall be equipped with a bicycle lane per the City of Shafter Planning Circulation Element:
(a,) Tulare Avenue

78. Street signs shall be installed per City standards as required by the City Engineer, All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the City Engineer,
80 During construction, the applicant shall maintain the project, including adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings and night time hours, During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer.

Driveway approaches shall be constructed in a mannerconsistentwith the requirements for residential approaches as set forth in the City's Subdivision and Engineering Design Manual, 74 75
76 77
79 81

82 83
B4
B5
86 Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb on all streets, Transitions at intersections and wheelchair ramps shall be provided and installed per City's Subdivision and Engineering Design Manual,
Monument and monument covers shall be set per City Standards.

Temporary turnarounds, if required, including right of way, shall be granted, designed, & installed per the Subdivision and Engineering Design Manual.

Property line locations shall be marked with a chiseled line on the top of curb for all property lines The location of all sewer laterals shall be indicated on the top of curb with a stamped "S", Street lighting shall be installed in accordance with the City Engineering & Subdivision Design Manual as directed by the City Engineer, Developershall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-2 rate schedule.

Secondary access easements shall be provided at the request of the City Engineer. Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer, Access roads shall be twelve (12) feet in width and shall consist of three (3) inches of class ll aggregate base over six (6) inches of native material compacted to 90% relative maximum density.

BB A waiver of direct access shall be dedicated and shown on the final map along (a.) Along all proposed wall locations
(b.) Along the proposed rights of way for the proposed roundabouts,

89. Blue Botts' dots shall be placed at the center of the street for each fire hydrant, ENG¡NEERING: LANDSCAPING
All landscaping plans including plants, irrigation equipment, points of connection to water lines, electrical services fortimers, lighting, etc, shall be approved by the City Engineer priorto construction. 91 Masonry walls are to be installed at all locations shown in the approved specific plan. Developer shall provide landscape easements from adjacent lots where proposed walls are not constructed in side proposed or existing city rights of way, Wall layout and appearance shall adhere to Detail 9a of the Orchard Park Specific Plan, Steel tubular fencing shall be primed & painted or powder-coated in accordance with City requirements.
92 Wallplans, materials, dimensions, and construction shallbe perthe Orchard Park Specific Plans and shall be approved by City prior to construction
All plants shall be from the approved list located within the Orchard Park Specific Plan or shall be approved by the planning director prior to installation. lf any trees are to be planted under or near overhead utilities, then the trees shall be approved for use by the affected utility company, 87 90
93 94. Landscaping plans including inigation timers, piping, sprinklers, fittings, plants, trees, turf shall be