Shafter City Council
December 17, 2024

CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-48
underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 4b(4) may not exceed two stories.
(5) For purposes of this subsection 4b, height is measured above existing legal grade to the peak of the structure.
c. Fire Sprinklers
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
e. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. g. Owner Occupancy
(1) An ADU that is permitted on or after January 1, 2020 , but before January 1, 2025, is not subject to any owner-occupancy requirement. (2) Unless applicable law requires
otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A
natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
(23) As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection 4g(2) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-49 Specific Use Development Standards
(1) Except as otherwise provided in Government Code Section 65852.2666341, the ADU or JADU may not be sold separately from the primary dwelling.
(2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the
remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(5) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
i. Income Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.266330, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) Within 90 days after each yearly anniversary of theJanuary 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
j. Building and Safety

CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-50
(1) Must comply with building code. Subject to subsection 4j(2) below, all ADUs and JADUs must comply with all local building code requirements.
(2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local
building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 4j(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was
subsequently converted for residential use in accordance with this section.

5. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection 3b above.
a. Maximum Size
(1) The maximum size of a detached or attached ADU subject to this subsection 5 is 850 square feet for a studio or onebedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(3) Application of other development standards in this subsection 5, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 5a(2) above or of a FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
b. Floor Area Ratio (FAR). No ADU subject to this subsection 5 may cause the total FAR of the lot to exceed 45 percent, subject to subsection 5a(3) above.
cb. Setbacks
(1) An ADU that is subject to this subsection 5 must conform to a 25-foot front-yard setback, subject to subsection 5a(3) above. (2) An ADU that is subject to this subsection 5 must conform to 4- foot side- and rear-yard setbacks.
(3) No setback is required for an ADU that is subject to this subsection (f)5 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
dc. Lot Coverage. No ADU subject to this subsection 5 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 5a(3) above.

CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-51 Specific Use Development Standards
ed. Minimum Open Space. No ADU subject to this subsection 5 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 5a(3) above.
fe. Passageway. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU, is required for an ADU.
gf. Parking
(1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, defined as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.
(2) Exceptions. No parking under subsection 5g(1) is required in the following situations:
(a) The ADU is located within one-half mile walking
distance of public transit, defined as a location
including, but not linted to, a bus stop or train station, where the public may access buses, trains, and other
forms of transportation that charge set fares, run on
fixed routes, and are available to the public.
(b) The ADU is located within an architecturally and
historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection
3a(1) above.
(d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
(f) When the permit application to create an ADU is
submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other
criteria listed in subsections 5gf(2)(a) through (f)
above.
(3) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
hg. Architectural Requirements
(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and
architectural design of those of the primary dwelling.

CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-52
(2) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(5) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(6) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (7) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
ih. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one 15-gallon size plant shall be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior ADU wall.
(2) Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
(3) All landscaping must be drought-tolerant.
(4) All landscaping must be from the city’s approved plant list. j. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way. k. Allowed Stories. No ADU subject to this subsection 5 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 4b(4) of this section.

6. Fees. The following requirements apply to all ADUs that are approved under subsections 3a or 3b above.

CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-53 Specific Use Development Standards
ai. Impact Fees
(1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 6ai, “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act
(Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
bj. Utility Fees
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(2) Except as described in subsection 6bj(1), converted ADUs on a single-family lot that are created under subsection 3a(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(3) Except as described in subsection 6bj(1), all ADUs that are not covered by subsection 6bj(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(a) The connection is subject to a connection fee or
capacity charge that is proportionate to the burden
created by the ADU based on either the floor area or
the number of drainage-fixture units (DFU) values, as
defined by the Uniform Plumbing Code, upon the water
or sewer system.
(b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing
this service.

7. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-54
b. Unpermitted ADUs and JADUs constructed before 20202018. (1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 20202018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards, or
(b) The ADU or JADU does not comply with state ADU or
JADU law or this ADU ordinance (section 11.200)The
ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU
ordinance (section 11.200).The portion of the fee or
charge that is charged by the city may not exceed the
reasonable cost of providing this service..
(2) Exceptions
(a) Notwithstanding subsection 7b(1) above, the city may deny a permit to legalize an existing but unpermitted
ADU or JADU that was constructed before January 1,
20202018, if the city makes a finding that correcting a violation is necessary to comply with the standards
specified in California Health and Safety Code section
17920.3.protect the health and safety of the public or
of occupants of the structure.
(b) Subsection 7b(1) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code section 17920.3.

8. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective design or development standards set forth in subsections 1 through 7 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.standards set forth in subsections 1 through 7 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

11.210 SELF STORAGE WAREHOUSES

1. Intent
This Section is intended to ensure that self-storage warehouse operations, commonly known as “mini-warehouses,” do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, or visual blight. The special conditions contained in this Section are intended to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially regarding the differing parking requirements for these uses.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Michael James, Public Works Director
SUBJECT: LETTER OF SUPPORT FOR REVISED KERN COUNTY

SUBBASIN GROUNDWATER SUSTAINABILITY PLAN (GSP)

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the California Environmental Quality Act Guidelines; authorize submittal of a letter on behalf of the City of Shafter supporting the State of California approval of the Final 2024 Kern County Subbasin Groundwater Sustainability Plan (GSP), updated December 2024.

BACKGROUND
Several years ago, the Kern Groundwater Authority (KGA) was established to prepare and implement a Groundwater Sustainability Plan (GSP) for designated portion of Kern County that includes Shafter. The County and other areas of the State must be covered by a State-approved GSP per the Sustainable Groundwater Management Act (SGMA). The primary objective of SGMA is to have approved GSPs that work towards statewide groundwater pumping sustainability by 2040. The GSP for KGA was originally submitted, along with other GSPs to cover Kern County, to the State in 2020, but all were later deemed incomplete. Revised GSPs were submitted in 2022, which resulted in all being deemed inadequate in 2023.

In an effort to help the City and surrounding region avoid SGMA probation, final revisions to the GSPs have been completed and can now be submitted to the State. The Mayor previously submitted a comment letter to the State that acknowledges and supports the recent GSP updates and encourages approval due to the severe negative impacts probation poses to agriculture and local communities. Full Council support for the GSP in a separate letter could enhance the outcome of the State's review.

FISCAL IMPACT
None.

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

APPROVED BY THE CITY ATTORNEY

LETTER OF SUPPORT FOR REVISED KERN COUNTY SUBBASIN GROUNDWATER

SUSTAINABILITY PLAN (GSP)
- 2 -
Not Applicable

ATTACHMENTS

1. Letter of Support for Amended GSP - Dec. 2024

2. GSP Comment Letter Signed by Mayor Givens-Sept. 2024

3. Presentation - Kern Subbasin Final 2024 Plan

December 9, 2024

c/o Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
1001 I Street
Sacramento, CA 95814
RE: 2024 AMENDED KERN COUNTY SUBBASIN GROUNDWATER SUSTAINABILITY PLAN
Dear Members of the State Water Resources Control Board:

The City of Shafter, situated in the Kern County Subbasin, fully supports the 2024 Amended Kern County Subbasin Groundwater Sustainability Plan (GSP).

For several years, City staff and officials have played an active role in preparing this GSP to ensure that its residents and businesses, including disadvantaged communities, have a voice and access to clean water supplies now and in the future. The GSP has evolved through coordination amongst agricultural water districts and urban water providers and through active community engagement.

It makes drinking water supplies a top priority, which is extremely important for Shafter, considering its challenges with stricter water quality standards, increasing costs, and the role of water in providing affordable housing. Through the implementation of the GSP, domestic wells should not be dewatered, but mitigation will be in place for wells impacted by declining groundwater levels.

Having the City water service area subject to State probation for lacking an approved GSP would be detrimental to our local economy, which is heavily dependent on agricultural jobs and production. However, the impacts extend beyond economics because limited water supplies also limit our ability to grow a community and improve the quality of life for those we serve.

The City Council appreciates your time and consideration.

Sincerely,
Chad Givens
Mayor
336 Pacific Avenue, Shafter, California, 93263

City Manager
(661) 746-5000
Fax (661) 746-0607
Public Works/Engineering
(661) 746-5004
Fax (661) 746-9125
Finance
(661) 746-5001
Fax (661) 746-1002
Human Resources
(661) 746-5003
Fax (661) 746-2645
Planning/Building
(661) 746-5002
Fax (661) 746-9125
September 17, 2024
RE: Public Comment—City of Shafter
Hello, my name is Chad Givens, and I am the Mayor of the City of Shafter. The most critical service provided by the City is delivering safe and reliable water to its residents and businesses. Unfortunately, providing this service has become extremely challenging, mostly due to prolonged droughts and increasing regulations. Funding the staff, equipment, and other resources needed to provide water is even more challenging because many of the City's residents live within severely economically disadvantaged communities.

Fortunately, the City has a history and proven track record working with its regional water partners, notably Shafter-Wasco Irrigation District GSA and North Kern Water Storage District GSA (North Kern), that has resulted in responsive and coordinated groundwater pumping. While the City does not rely on surface water supplies, it benefits significantly from SWID and North Kern water supplies for groundwater recharge that stabilizes groundwater water levels.

The GSAs have allowed the City to assume an active role in the Groundwater Sustainability Plan process to ensure that its residents and businesses, including disadvantaged communities, have a voice and access to clean water supplies now and in the future. In fact, the 2024 GSPs submitted to the State have made maintaining drinking water supplies a top priority. Our city wells will not be dewatered, water quality will be protected, and mitigation will be in place for domestic or community wells impacted by declining groundwater levels.

Having the City's water service area subject to SGMA probation would be detrimental to our local economy, heavily dependent on agricultural jobs and production. Furthermore, putting Kern County on probation will result in imminent layoffs of hundreds, possibly thousands, of agricultural jobs. However, the impacts extend beyond economics because limited water supplies also limit our ability to grow a community and improve the quality of life for those we serve.

While there are still groundwater challenges to address, the City firmly believes that the current GSPs significantly improve groundwater protections and put the region on a coordinated path to sustainability. Therefore, on behalf of the City, I respectfully urge the State Board members and staff to engage with the local GSAs, quickly review the 2024 GSPs, provide specific feedback, and ultimately accept the practical solutions presented. Most importantly, everyone should be mindful of the detrimental impacts SGMA probation would have on our local communities, which are already facing significant financial hardships.
336 Pacific Avenue, Shafter, California, 93263

In addition to providing the comments above, this letter requests information on a potential State groundwater extraction fee waiver process available to Disadvantaged Communities should probation become a reality. Because there are many communities like Shafter classified as severely disadvantaged, the State should act quickly to ensure the negative impacts of probation are minimized.

Sincerely,

CITY OF SHAFTER
Chad Givens, Mayor

FINAL 2024 KERN COUNTY SUBBASIN

GROUNDWATER SUSTAINABILITY PLAN
DECEMBER 2024

1 OVERVIEW
 Final 2024 Plan Format
 Overview of 2024 Plan Development Efforts (May-Dec 2024)  Major revisions to the 2024 Plan
 Next steps

2 2024 PLAN: GUIDING PRINCIPLES
 Subbasin Coordination
 Five HCM Areas
 Subbasin Banking Programs
 Demand Management
 Protective of Beneficial Uses
and Users

3 2024 PLAN

OVERVIEW
4 GSP Name
Area
(acres)
Area
(%) GSA GSP Content
Kern Subbasin GSP 1,205,482 67.6% 14 GSAs¹ Kern Subbasin GSP Buena Vista WSD
GSA GSP 51,070 2.9% Buena Vista WSD GSA
Kern Subbasin GSP
Supplemental GSA
information on blue pages
located at the end of each
separate GSP.

Henry Miller GSA
GSP 26,063 1.5% Henry Miller GSA
Kern-Tulare Water
District GSA GSP 11,344 0.6% Kern-Tulare Water District GSA
Olcese Water
District GSA GSP 3,199 0.2% Olcese Water District GSA
Semitropic Water
Storage District

GSA GSP
224,350 12.6% Semitropic Water Storage
District GSA
Westside District
Water Authority

GSA GSP
260,812 14.6% Westside District Water
Authority GSA
7 almost identical
GSPs +
1 Coordination
Agreement make up
the Amended GSP(s)
¹Arvin GSA, Cawelo Water District GSA, Kern Groundwater Authority GSA, Kern River GSA, Kern Water Bank GSA, Greenfield County Water Districts GSA, North Kern WSD GSA, Pioneer GSA, Rosedale-Rio Bravo WSD GSA, Shafter-Wasco ID GSA, Southern San Joaquin MUD GSA, Tejon-Castac Water District GSA, West Kern Water District GSA, Wheeler Ridge-Maricopa GSA

SWRCB PROCESS (MAY-DEC 2024)
 Draft 2024 Plan submitted to SWRCB on 28 May 2024
 SWRCB released Draft Staff Report recommending the Subbasin for Probation in July 2024
 SWRCB workshops hosted 24 and 29 August 2024
 Subbasin hosted all SWRCB members and key staff on Subbasin tours in October 2024
 Subbasin representatives have held near-weekly policy and technical meetings with SWRCB staff since September 2024

5 PUBLIC ENGAGEMENT (MAY-DEC 2024)
 Draft GSP released for public review 1 June –
4 November 2024
o Advertised the 2024 Plan for Public Comment through
Water Association of Kern County, Kern County Farm
Bureau, and SJV Water News
 Draft Stakeholder Communication and Engagement Plan
(SCEP) released for public review 14 October –
4 November 2024
o Several verbal and written comments received and
responded to in 2024 Plan and SCEP
 3 stakeholder workshops held on 3 October 2024
o Provided an overview of the GSP with Spanish translation

PUBLIC ENGAGEMENT (MAY-DEC 2024)
 Kern Subbasin SGMA website updated (https://kerngsp.com/)  Active engagement and targeted workshops with key stakeholder groups to developWell Mitigation Program
 Developed promotional materials and GSA representatives handed out at public events, including Water Day at Kern County Fair
 Multiple tours with SWRCB staff, GSAs, and stakeholders

SWRCB DRAFT STAFF REPORT (JULY 2024)

1. Additional support for conceptualization of Basin Setting and designation of principal aquifers.

2. Confirmation of representativeness of the groundwater level monitoring network (RMW-WLs).

3. Additional justification/refinement of Groundwater Level Sustainable Management Criteria (SMCs).

4. Additional justification/refinement of the Subsidence SMCs.

5. Clarification needed on water quality, interconnected surface waters and water banking elements of Plan.

6. Desire for expanded Well Mitigation Program.

8 2024 PLAN: EXECUTIVE SUMMARY
9 2024 Plan is coordinated and completely replace 2022 GSPs ▪ Incorporates DWR and SWRCB staff feedback, new information and data, and the best available science
▪ Revised Subbasin Sustainability Goal
▪ Clear identification of where deficiencies have been addressed

2024 PLAN: ADDRESSING DWR AND SRWCB

DEFFICIENCIES
 Describes the Subbasin coordination efforts to address DWR / SWRCB deficiencies
 Summarizes feedback received during SWRCB Technical Meetings, Workshops, and Draft Staff Report, summary of 2024 Plan revisions, and where the information can be found in the 2024 Plan.
 Summarizes Major Plan Updates and identifies the DWR deficiencies, corrective actions, summary of Plan revisions, and where the information can be found in the 2024 Plan.
 Identifies updates to the 2024 Plan to incorporate new information and data, and the best available science, and where the information can be found in the 2024 Plan

10 SWRCB CONSULTATION/RESPONSE (2023/2024)
Date SWRCB Comment Outcome Revision in
Amended GSP(s)
5/17/2023 Plan manager introduction and GSA questions GSAs considered Plan structure, striving for the majority of the Subbasin to be included under one plan. GSAs initiated plans to expand demand reduction P/MAs.

Section 5
Section 14
6/23/2023 Technical Meeting #1
Chronic Lowering of Groundwater Levels SMCs
Initiated well inventory to improve identification of beneficial users. Revised Undesirable Results (UR) definition to include dewatered drinking water wells.

Section 5
Section 13
10/4/2023
Technical Meeting #2
Chronic Lowering of Groundwater Levels SMCs
Expanded justification for Chronic Lowering of Groundwater Levels SMCs to include a suite of 5 drinking water well impacts analyses and a “depletion of supply” calculation.

Section 13
11/1/2023
Technical Meeting #3
Chronic Lowering of Groundwater Levels SMCs
Initiated analysis to assess Chronic Lowering of Groundwater Level SMCs inter-relationship with Land Subsidence and Degraded Water Quality SMCs.

Section 13
12/13/2023 Technical Meeting #4
Land Subsidence SMCs
Clarified definitions for the potential causes of subsidence with the GSA’s authority and outside the GSA’s authority to manage. Established Land Subsidence SMCs across the entire Subbasin.

Section 8
Section 13
1/24/2024 Technical Meeting #5
Degraded Water Quality SMCs
Expanded representative monitoring network for water quality. Expanded constituents with SMCs to include 1,2,3-TCP, nitrite, and uranium. Examined potential relationship between arsenic concentrations and land subsidence.

Section 8
Section 13
Section 15
3/6/2024 Technical Meeting #6
Well Inventory & Mitigation Program
Expedited timeframe for well mitigation program framework, to be operational by Jan 2025. Section 13 Appendices
4/3/2024 Technical Meeting #7
Monitoring Networks and SMCs Approach
Expanded representative monitoring network. Increased water quality sampling frequency to semiannual. Revised UR definition for Degraded Water Quality. Expanded Depletions of Interconnected Surface Waters description to include ICONS dataset.

Section 8
Section 13
Section 15
Appendices
4/23/2024 Technical Meeting #8
Water Budgets and P/MAs Approach
Summarized all planned P/MAs and expected benefits by category on the Subbasin level and moved GSA-specific details on P/MAs as supporting appendices.

Section 9
Section 14
Appendices
5/29/2024 Technical Meeting #9
Amended GSP(s) Overview
GSAs presented highly-coordinated Amended GSP(s) N/A

11 SWRCB CONSULTATION/RESPONSE (AUG-NOV 2024)
SWRCB Comment Outcome Revision in
Amended
GSP(s)
Additional support for
conceptualization of Basin Setting and
designation of principal aquifers.

Expanded presentation of information in the Basin Setting. Section 7 Confirmation of representativeness of
the groundwater level monitoring
network (RMW-WLs).

Updated well inventory to improve identification of beneficial users.

Conduced cell by cell analysis of water levels and well depths to confirm representativeness of RMW-WLs. Identified the need for 7 additional RMWs in the future.

Section 13
Section 15
Appendices
Additional justification/refinement of
Groundwater Level Sustainable
Management Criteria (SMCs)
Updated HCM Area trends with updated RMW-WL network. Added a cap to the MTs at 61 ft below recent historical lows and updated well impacts analysis. MTs now an average of 33 feet above the 2022 MTs and well impacts reduced to 260-307 in the worst-case scenario.

Section 13
Appendices
Additional justification/refinement of
Subsidence SMCs
Revised Land Subsidence SMCs and developed MT Exceedance Policy for subsidence.

Section 13
Clarification needed on water quality,
interconnected surface waters and
water banking elements of Plan
Expanded presentation of information in the relevant chapters. Section 8 Section 13
Expanded Well Mitigation Program
Developed detailed Well Mitigation Program to address impacts to water levels or water quality in drinking water wells as a result of GSA management.

Appendices

12 RESPONSE TO DWR DEFICIENCY #1
“The GSPs do not establish undesirable results that are consistent for the entire Subbasin.” “While the Coordination Agreement presents Subbasin-wide undesirable results, the Subbasin’s fragmented approach towards establishing management criteria that define undesirable conditions in various parts of the Subbasin does not satisfy SGMA’s requirement to use same data and methodologies.” 13 Corrective Actions Summary of Plan Revisions
Revision in
Amended
GSP(s)
1a)
• “Explain how the undesirable results definitions are consistent with the requirements of SGMA and the GSP Regulations.”
• “Include descriptions of how the Plans have utilized the same data and methodologies to define the Subbasin-wide undesirable results and how the Plan has considered the interests of beneficial uses and users of groundwater.”
1b)
• “Commit to comprehensively reporting on the status of minimum threshold exceedances by area in the annual reports and describe how groundwater conditions at or below the minimum thresholds may impact beneficial uses and users prior to the occurrence of a formal undesirable result.”
1c)
• “Adopt clear and consistent terminology to ensure the various plans are comparable and reviewable by the GSAs, interested parties, and Department staff. This terminology should also adhere to the definitions of various terms in SGMA and the GSP Regulations including the understanding that undesirable results are conditions occurring throughout the Subbasin.”
• “Clearly document how all of the various undesirable results definitions and methodologies achieve the same common sustainability goal.” • Defined Subbasin-wide URs, MTs, and MOs using consistent data and methodologies. • Developed UR definitions in line with SGMA and GSP Regulations, reflecting feedback from SWRCB staff.
• Revised the Chronic Lowering of Groundwater Levels UR definition to address direct impacts on drinking water wells and Subbasin-wide MT exceedances. • Conducted a robust Subbasin-wide well impacts analysis to quantify potential impacts to beneficial users, projecting fewer than 307 impacted drinking water wells by 2040 under the worst-case scenario.
• Conducted a surface properties and land use assessment in which infrastructure was defined and categorized based on potential subsidence-related risk • Established a Subbasin-wide MT Exceedance Policy to trigger GSA action in the event of a MT exceedance.
• Updated functionality of the Subbasin Data Management System (DMS) so that all GSAs are notified when an MT exceedance is uploaded.
• Established a detailed Subbasin-wide Well Mitigation Program • Used common language and templates (and data and methodologies) for all 2024 Plan sections.
• Used clear and consistent terminology for the Subbasin-wide definitions for URs, MTs, and MOs.
• Defined and used consistent, Subbasin-wide terminology to establish Land Subsidence SMCs.
• Revised the Sustainability Goal.

Section 2
Section 5
Section 12
Section 13
Appendices

RESPONSE TO DEFICIENCY #2
“The Subbasin’s chronic lowering of groundwater levels sustainable management criteria do not satisfy the requirements of SGMA and the GSP regulations.” “The GSPs do not consistently and sufficiently document the effects of their selected minimum thresholds on beneficial uses and users in the Subbasin, nor explain how the minimum thresholds and measurable objectives that are set below historical lows will impact other applicable sustainability indicators…” 14 Corrective Actions Summary of Plan Revisions
Revision in
Amended
GSP(s)
All GSPs:
• “Demonstrate the relationship between the minimum
thresholds for each sustainability indicator, including an explanation of how the GSA has determined that basin
conditions at each minimum threshold will avoid undesirable results for each of the sustainability indicators.”
• “The GSAs should address the specific corrective actions identified for the various GSPs and management area plans, as well as the corrective actions that apply to all the GSPs identified in Table 2. Where addressing those corrective actions includes modifications to the respective GSPs
minimum thresholds, the GSPs should evaluate whether the Subbasin’s ‘with-projects’ modeling scenarios still indicate that implementation of the projects and management actions would avoid minimum threshold exceedances. If not, the
GSAs should modify their projects and management actions accordingly.”
• Established a Subbasin-wide methodology for setting MTs and MOs for Chronic Lowering of Groundwater Levels using an iterative process that considered more than 11 potential MT methodologies.
• Conducted a robust Subbasin-wide well impacts analysis using the Subbasin well inventory, MTs and the quantitative criteria for URs.
• Conducted a “depletion of supply” analysis to quantify the percentage of urban supply that may be impacted at MTs and the UR definition.
• Identified potential impacts of lowered groundwater levels on other Sustainability Indicators. • Projected the extent of subsidence that would occur under groundwater level MTs and determined that groundwater level MTs are protective of URs for land subsidence. • Selected Representative Monitoring Wells (RMWs) in areas with a potential correlation between groundwater levels and water quality.
• Estimated the reduction of groundwater storage that would occur at MT groundwater levels and determined this decline in storage is not significant relative to the volume of total usable storage in the Subbasin.
• Coordinated with neighboring subbasins on SMCs.
• Confirmed that the Subbasin’s model results indicate that there are no instances where more than 25% of the RMW-WLs have MT exceedances over two consecutive years seasonal measurements from 2020 through 2070 based on the Projected-Future “With Project” scenario; this suggests that the Subbasin GSAs have sufficiently designed Projects and Management Actions (P/MAs) to improve the Subbasin conditions to avoid URs.

Section 8
Section 13
Section 14
Section 15
Appendices

RESPONSE TO DEFICIENCY #3
“The Subbasin’s land subsidence sustainable management criteria do not satisfy the requirements of SGMA.” “The Plan lacks a Subbasin-wide, coordinated approach to establishing land subsidence sustainable management criteria.” 15 Corrective Actions Summary of Plan Revisions
Revision in
Amended
GSP(s)
Subbasin:
• “Coordinate and collectively satisfy the requirements of SGMA and the GSP Regulations to develop the sustainable management criteria for land subsidence.”
• “Document the conditions for undesirable results for which the GSAs are trying to avoid, supported by their understanding of land uses and critical infrastructure in the Subbasin and the amount of subsidence that would substantially interfere with those uses.” • “Identify the rate and extent of subsidence corresponding with substantial interference that will serve as the minimum threshold.” • “Clearly identify the undesirable result parameters for each of the GSPs, management areas, and management area plans so it is clear how the various plans work together at the Subbasin level.” • “Explain how implementing projects and management actions proposed in the various GSPs is consistent with avoiding subsidence minimum thresholds.”
• “If land subsidence is not applicable to parts of the Subbasin, provide supported justification of such.”
• Referenced and discussed key findings from the six independent subsidence studies to fill data gaps.
• Conducted extensive studies to explain InSAR time series methodologies to differentiate between subsidence caused by activities within and outside of the GSAs’ authority to control.
• SMCs are data driven, not risk-based
• Developed Subbasin-wide definitions for Regional and GSA Area Critical Infrastructure. • The GSAs have committed to minimize GSA-related subsidence by 2040. • Established land subsidence SMCs based on a projection of the average historical subsidence rates.
• Assessed the potential change in slope to confirm minimal impacts to land surface uses. • Assessed potential impacts on regional critical infrastructure from future GSA-related subsidence.
• Coordinated with key beneficial users of regional critical infrastructure. • Updated the Subbasin-wide Land Subsidence monitoring network.

Section 8
Section 13
Section 15
Appendices

2024 PLAN: SUSTAINABLE MANAGEMENT CRITERIA
 Revised SMCs definition
 MOs changed by +11 feet on average
 MTs changed by +33 ft on average (MTs capped at
61 feet below recent historical low)
 Reduced number of impacted domestic wells from
390 to 260 (73 most likely)
 Subbasin-wide well impacts analyses
 MT Exceedance Policy
16 Unchanged from 2022 GSP
 Revised UR and SMCs definition
 Data Driven, Site-specific SMCs established
along Critical Infrastructure
 SMCs established across the entire
Subbasin, based on an average across the
HCM Area.
 Subbasin-wide change in slope
analysis along critical infrastructure
 MT Exceedance Policy
 COCs: Arsenic, nitrate, nitrite, nitrate+nitrite, TDS, 1,2,3-TCP, uranium
 Revised UR and SMCs definition. Significant and unreasonable effects are triggered if:
o 3 RMWs-WQ in an HCM Area or 1 in the Western Fold Belt HCM Area based on the average confirmed seasonal sample results and attributed to groundwater management actions. OR
o Five small community wells have a NEW, confirmed MCL exceedance for one of the Subbasin's COCs attributed to groundwater management actions.
 MT Exceedance Policy
Chronic Lowering of GW Levels
Reduction of GW
Storage
Seawater
Intrusion
Degraded Water Quality
Land Subsidence
Depletions of
Interconnected
Surface Waters
Unchanged from 2022 GSP Unchanged from 2022 GSP

2024 PLAN: PROJECTS & MANAGEMENT ACTIONS
 840,000 AFY of P/MAs have
been identified by the GSAs
 47% of P/MAs already
implemented
 113% of the projected deficit
can be met through planned
Demand Management actions
alone

17  KSB-1 Friant-Kern Canal Capacity Mitigation
 KSB-2 Coordination with Groundwater Regulatory Programs  KSB-3 Exceedance Policy
 KSB-4 Coordination with Basin Study (Data Gaps)
 KSB-5 Domestic Well Mitigation Plan/Emergency Water Supply  KSB-6 White Land Demand Management
 KSB-7 Well Registry
 KSB-8 Consumptive-Use Study
 KSB-9 Subsidence Action Plan
 KSB-10 RMW Data Gaps
18 2024 PLAN: PROJECTS & MANAGEMENT ACTIONS

2024 PLAN: IMPLEMENTATION
 Annual Reporting
 Monitoring and data collection
 Data gap filling
 Projects and Management Actions
 Technical/non-technical coordination activities
 Continued outreach and engagement with stakeholders
 Enforcement and response actions (Exceedance Policy)
 Evaluation and updates (as required by periodic evaluations) 19 SUSTAINABILITY INDICATOR DATA START

DATE FREQUENCY REPORTING
Groundwater Levels Field Measurements WY 1993 Semi-annual DMS, SGMA Portal, Annual Reports
Groundwater Storage Calculated from water
levels WY 1995 Annual Annual Reports
Subsidence
InSAR
Benchmark Surveys
WY 2016 Annual DMS, Annual Reports
Water Quality Grab Samples WY 2024* Semi-annual DMS, SGMA Portal, Annual Reports
Interconnected Surface
Water Not Applicable
Seawater Intrusion Not Applicable

SUBBASIN EXCEEDANCE POLICY
 Establishes protocols and guidelines for GSAs to investigate exceedance of MTs at RMN sites following data collection identification of a MT Exceedance (reported to GSAs through DMS)
 Each GSA is responsible for: monitoring GW conditions, complying with GSP requirements, coordinating with other agencies, entities, and beneficial users within their boundaries
 Requires GSAs to report MT Exceedances in Annual Reports  Reaffirms data collection protocols and policies
 Steps for identification, investigation, and involvement of the Subbasin Coordination Committee to consider actions to prevent continued exceedance

20

21 NEXT STEPS
22 • Goal is to have 2024 Plan adopted
and submitted to the SWRCB week
of 16 December 2024
• 2024 Plan will be uploaded to the
DWR SGMA portal
• Probation hearing scheduled for
February 2025
• Final Staff Report expected 2 to 3
weeks ahead of hearing
Photos courtesy of Arvin-Edison Water Storage District

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Michael James, Public Works Director
SUBJECT: FEDERAL-STATE PARTNERSHIP FOR INTERCITY RAIL (FSP)

PROGRAM FUNDING (CHERRY AVENUE GRADE SEPARATION

PROJECT) LETTER OF SUPPORT RATIFICATION

RECOMMENDATION
Council find the requested action is not defined as a “project” per Section 15378(b)(5) of the California Environmental Quality Act Guidelines; ratify a letter of support for a Federal-State Partnership for Intercity Rail (FSP) Program Funding grant to fund a Burlington Northern and Santa Fe Way grade separation project at Cherry Avenue; and authorize a funding commitment of $6,800,000 as a local match for said grant project application through the use of traffic impact fee proceeds and funding partnerships with private developers.

BACKGROUND
At its September 17, 2024 meeting, the Council authorized a letter of support for a Federal Railroad Association grant application to fund a Burlington Northern and Santa Fe Way grade separation project at Cherry Avenue as well as a funding commitment of $6,800,000 as a local match for the project. To date, funding the project has been a collaboration among the cities of Shafter and Bakersfield, the County of Kern, and the Burlington Northern and Santa Fe Way Railway (BNSF). It involves two separate BNSF grade separations at Cherry Avenue and Renfro Road. The estimated values of the separations are $40 million for Renfro Road and $44 million for Cherry Avenue. The grant writing for the FRA application was completed by a consultant funded by BNSF. The County of Kern, acting as the lead agency, submitted the grant application in September. Grant award announcements are expected early next year.

A second grant opportunity for the same project has since become available. The potential funding source is the Federal-State Partnership for Intercity Rail (FSP) Program. The grant and local matches would be identical to the previously submitted FRA grant application. Like the FRA grant application, letters of support and funding commitments are needed to strengthen the likelihood of a grant award. Details for the FSP grant application were not finalized in time for staff to request authorization for a letter of support until after the application deadline, which is December 16, 2024. To be included in the grant application, a letter of support for the grant application signed by the Mayor should be ratified by the Council.

FISCAL IMPACT

FEDERAL-STATE PARTNERSHIP FOR INTERCITY RAIL (FSP) PROGRAM FUNDING (CHERRY

AVENUE GRADE SEPARATION PROJECT) LETTER OF SUPPORT RATIFICATION - 2 -
Financial pledge of approximately $3 million in local match funding. However, the actual funding would not likely be needed any sooner than the start of Fiscal Year 2025-2026.

BNSF fully funds the grant writing services. No budget action is required.

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

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. FSP Grant Letter of Support Signed by Mayor

336 Pacific Avenue, Shaftet California 93263
December 5,2024
The Honorable Amit Bose
Administrator
Federal Railroad Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
RE: F.RA'S FEDERAL STATE PARTNERSHIP (FSP)
Dear Administrator Bose,
I am writing to express the City of Shafter's strong support for the Kern County Federal State Partnership (FSP) grant application. The Project is the result of a close collaboration between Kern County, the cities of Bakersfield and Shafter, the Greater Bakersfield Grade Separation District, and BNSF, a strong partnership of public and private entities committed to improving safety and quality of life in the community. The proposed project aims to grade-separate two critical crossings along Amtrak's San Joaquin route through Bakersfield and Shafter. These crossings have safety concerns that need to be addressed swiftly: in the last four years alone, there have been three incidents at the Cherry Avenue crossing. Eliminating these crossings will prevent collisions, reduce delays for both roadway users and rail, and enhance overall safety for the Shafter and Bakersfield communities.

By eliminating delays due to collisions or blocked tracks along this route, the Project will benefit intercity passenger rail reliability along this route that connects Bakersfield to cities such as Fresno, Stockton, and Sacramento. The project will improve safety for road users and directly impact qualrty of life for residents. By enhancing connectivity, the project will help create a more livable environment and allow residents and workers better access to jobs and opportunities. The crossings are situated within and adjacent to communities identified as disadvantaged according to federal definitions. With high air particulate matter levels and a large low-income population, these communities deserve the improved mobility, safety, and the reduction in congestion and air pollution that the Project will bring.

This transformative project will make a dramatic difference in the safety and mobility of our community and closely aligns with the grant program criteria. We respectfully request that you give the Kern County FSP grant application your full and fair consideration.

Sincerely,

CITY OF
Chad Givens, Mayor
City Manager
(661) 746-5000
Fax (661) 746-0607
Finance
(661) 746-5001
Fax (661) 746-1002
Human Resources
(661) 746-5003
Fax (661) 746-2645
Planning/Building/Engineering
(661) 746-5002
Fax (661) 746-9125

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Michael James, Public Works Director
SUBJECT: RICHLAND SCHOOL DISRICT LICENSE AGREEMENT FOR

TEMPORARY USE OF FORMER PUBLIC WORKS

CORPORATION YARD APPROVAL

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the California Environmental Quality Act Guidelines; approve a license agreement with Richland School District for temporary use of the former City Corporation Yard located at 550 North Shafter Avenue (Kern County Assessor Parcel No. 028-010-12) subject to review and approval by the City Attorney; and authorize the City Manager to execute said license agreement on behalf of the City.

BACKGROUND
The Richland School District (District) contacted Staff to request the use of the former Public Works Corporation Yard, located at 550 North Shafter Avenue. The District needs to temporarily store school buses as it constructs upgrades to its current parking area normally used for storing buses. They would specifically use the developed areas of the Corporation Yard site, including the existing enclosed and shade structures, with access to these areas off North Shafter Avenue. The vacant portion of the parcel, located immediately south of Redwood Avenue, would not be used.

The City previously allowed a similar use of these developed areas for American Refuse to stage its deployment of the new curbside waste containers, which was managed through a temporary license agreement. A similar agreement can be used for what the District is proposing. Provided the District uses the facility during normal operating hours and assumes appropriate liability, staff feel the District does not need to pay the City for the use. However, the terms of the agreement should allow for termination by the City if an alternative use of the site is later approved by the City Council.

FISCAL IMPACT
Costs to prepare and manage a temporary license agreement can be covered with existing operations budgets. No budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a license agreement and therefore, it is organizational

RICHLAND SCHOOL DISRICT LICENSE AGREEMENT FOR TEMPORARY USE OF FORMER

PUBLIC WORKS CORPORATION YARD APPROVAL
- 2 -
and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Draft Temporary License Agreement

45635.01000\34838182.1

LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into on , 2024 ("Effective Date") by and between the City of Shafter, a public body, corporate and politic ("Shafter"), and Richland School District (“Licensee"). Shafter and Licensee are sometimes referred to herein individually as "Party" and collectively as "Parties." Recitals
A. Shafter owns that certain real property generally located at 550 North Shafter Avenue, Shafter, California, as further described by the Kern County Assessor as Parcel Numbers 028-010-12 and shown in Exhibit “A” (the "Property"); and B. Licensee desires to obtain a temporary license for the limited purposes of entering and using the Property for the parking and storing school buses and fleet vehicles; and C. The use of the Property by Licensee as described above will allow Licensee to park and store vehicle during planned upgrades to its current site used for parking and storage; NOW, THEREFORE, in consideration for the promises set forth in this Agreement, the Parties agree as follows:

Terms

1. Recitals. The Recitals are incorporated into and are made a part of this Agreement.

2. License. Shafter hereby grants to Licensee, and Licensee’s employees, agent, representatives, and contractors a revocable, exclusive, nontransferable License to access the Property for the limited purpose parking and storing school buses and fleet vehicles (the "License"). Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by Shafter. The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of Shafter and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between Shafter and Licensee. The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee.

3. Vehicle Parking and Storage. Licensee shall access the Property for the sole use of parking and storing school buses and fleet vehicles. The Shafter City Manager may extend the timeframes set forth herein by thirty (30) days upon request of the Licensee. Any additional extensions of time will be subject to consideration by and approval of the Shafter City Council.

The Licensee shall ensure compliance with all terms of the executed agreements.

4. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue until the earlier of: (a) June 30, 2025; (b) the date on which Shafter

45635.01000\34838182.1
revokes and terminates this Agreement upon 30-days advanced written to Licensee with or without cause.

5. Removal of Property Upon Termination. Licensee agrees to remove all of Licensee's equipment and property and any and all debris from the Property within twenty-four (24) hours of termination of this Agreement. In the event any equipment or property are not timely removed, Shafter will have the right to remove such equipment or property and Licensee agrees to be responsible for all associated costs of such removal and storage, if any.

6. Compliance with Law.

6.1 Federal, State, and Local Laws. Licensee shall conduct its activities related to the License in compliance with all Federal, State and local laws.

6.2 Prevailing Wages.
(a) LICENSEE ACKNOWLEDGES THAT SHAFTER HAS MADE NO

REPRESENTATION, EXPRESS OR IMPLIED, TO LICENSEE OR ANY PERSON

ASSOCIATED WITH LICENSEE REGARDING WHETHER OR NOT LABORERS

EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE PREYAILING PER

DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.

LICENSEE AGREES WITH SHAFTER THAT LICENSEE SHALL ASSUME THE

RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER

OR NOT LABORERS EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE

PREYAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS

DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.
(b) LICENSEE, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND

ASSIGNS, WAIVES AND RELEASES SHAFTER FROM ANY RIGHT OF ACTION THAT

MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. LICENSEE ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WA IVER AND RELEASE CONTAINED IN THIS SECTION

5.2, WHICH READS AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

45635.01000\34838182.1

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.

BY INITIALING BELOW, LICENSEE KNOWINGLY AND
VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 5.2:

Licensee's Initials
(c) ADDITIONALLY, LICENSEE SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS SHAFTER, PURSUANT TO SECTION 9, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR THE LICENSE.

7. Hazardous Materials. Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials, and shall be solely responsible for the removal of any Hazardous Material, including asbestos, pursuant to this Agreement, stored or brought onto the Property by Licensee. As used in this Agreement, the term "Hazardous Material" means any substance, material or waste which is ( 1) defined as a "hazardous waste," "hazardous material," hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317); (7) defined as a "hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety, or property.

8. Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect, throughout the term of this Agreement, insurance in amounts and coverages shown below, including, without limitation, a provision that Shafter, and its officers, directors, and employees, be included as additional insureds. Failure by Licensee to maintain all insurance in effect at all times shall constitute a default under this Agreement.

1. Worker's Compensation - Statutory; Employers’ liability - $1,000,000 each occurrence;

2. Comprehensive General liability (including Contractual Liability) -$5.000,000 each occurrence combined single limit; and

3. Comprehensive Automobile liability - $5,000,000 each occurrence combined 3

45635.01000\34838182.1
single limit.

9. Sole Cost and Expense. Licensee expressly acknowledges that it is entering into this Agreement and performing the work authorized hereunder at its own risk. Licensee acknowledges that any work Licensee chooses to perform in connection with this Agreement shall be at its sole cost and expense. Licensee further acknowledges that any activity or work or act by Licensee, made in connection with this Agreement will not impose any obligation upon Shafter to compensate Licensee, to convey any sort of property interest to Licensee, or enter into or retain any agreement with Licensee.

10. Payment of Costs. Licensee shall be solely responsible for all costs and expenses of all activities contemplated by this Agreement. Licensee shall assure that its activities do not result in the filing or attempted enforcement of any claims or liens against the Property, and Licensee shall indemnify, defend, and hold Shafter, its officials, officers, employees, agents, and volunteers free and harmless from any claims based upon any work performed pursuant to this License.

11. No Third-Party Rights. This Agreement is entered into between and solely for the benefit of Shafter and Licensee. No other person shall have any right to enforce the terms of this Agreement.

12. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below:

Shafter: City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attention: City Manager

With a copy to: Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA 92612
Attention: Marco Martinez, Esq.

Licensee: Richland School District
Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

13. Assignment. This License is personal to Licensee and may not be assigned without the prior written consent of the Shafter, which may grant or withhold consent in its sole 4

45635.01000\34838182.1
discretion.

14. Attorneys' Fees. If a Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs.

15. Governing Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.

16. Entire Agreement: Severability. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above.

LICENSEE SHAFTER
By By
City Manager
Name
Title Attest
By
Name City Clerk
Title
Approved as to form:

Best, Best & Krieger
LLP City Attorney

45635.01000\34838182.1

EXHIBIT A

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 23, 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 23, 2024.

BACKGROUND
Personnel System Rule 3.3 grants the City Manager the authority to continually review the City’s classification plan for decision-making on compensation, selection, employee development, career advancement, and other personnel activities. With the authority granted in the Personnel System Rule, the following revisions have been made to the City of Shafter Employee Bi-Weekly Pay Schedule:

Position Range Bi-Weekly
Pay
Action
Accounting Supervisor NR-NS 261 $3,696 -
$4,493
Add Classification for
Promotional Opportunities
Accounting Technician II NR-NS 178 $2,503 -
$3,042
Salary Adjustment to Address
Compaction
Accounting Technician III NR-NS 210 $2,906 –
3,533
Salary Adjustment to Address
Compaction
Administrative Assistant
II
NR-NS 179 $2,514 -
$3,056
Salary Adjustment to Address
Compaction
Building Inspector
Manager
NR-NS 306 $4,583 -
$5,571
Reclassify from Building
Inspector Supervisor – No
Change in Salary
City Clerk, Deputy NR-NS 209 $2,893 -
$3,516
Add Classification for
Promotional Opportunities
Code Enforcement
Officer II
NR-NS 215 $2,975 -
$3,616
Salary Adjustment to Address
Compaction

CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 23, 2024 - 2 -
Engineer I NR-NS 232 $3,223 -
$3,917
Salary Adjustment
Engineer II NR-NS 263 $3,731 -
$4,536
Salary Adjustment
Engineer III, Civil NR-NS 294 $4,327 -
$5,259
Add Classification for
Promotional Opportunities
Executive Assistant NR-NS 221 $3,059 -
$3,719
Add Classification for
Promotional Opportunities
Facilities Supervisor NR-NS 261 $3,696 -
$4,493
Reclassify from Facilities
Manager
Finance Analyst I NR-NS 209 $2,893 -
$3,516
Reclassify from Budget
Analyst I – No Change in
Salary
Finance Analyst II NR-NS 261 $3,696 -
$4,493
Reclassify from Budget
Analyst II – No Change in
Salary
Human Resources
Coordinator
NR-NS 261 $3,696 -
$4,493
Reclassify from HR Analyst I/II
Information Technology
Manager
NR-NS 306 $4,583 -
$5,571
Reclassify from Assistant
Information Technology
Manager
Risk Management
Coordinator
NR-NS 261 $3696 -
$4,493
Reclassify from HR Analyst I/II
Police Captain NR-S 344 $5,809 -
$7,061
Remove Classification
Police Chief DIR 384 $6,503 -
$7,905
Salary Adjustment – DIR
Range
Police Property &
Evidence Supervisor
NR-NS 228 $3,162 -
$3,843
Add Classification for
Promotional Opportunities
Police Property &
Evidence Technician
NR-NS 163 $2,336 -
$2,839
Salary Adjustment
Public Facilities
Supervisor
NR-NS 261 $3,696 -
$4,493
Reclassify from Public
Facilities Manager
Public Works Director,
Assistant
NR-NS 363 $6,032 –
7,332
Remove Classification -
Reallocate to Streets
Supervisor

CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 23, 2024 - 3 -
Streets Supervisor NR-NS 261 $3696 -
$4,493
Add Classification - Reallocate
the Assistant Public Works
Director
Transit Driver (FT) NR-NS 108 $1,817 -
$2,208
Salary Adjustment
Transit Driver (PT) – Tier
I
Hourly $21.08 Salary Adjustment
Transit Driver (PT) – Tier
II
Hourly $22.71 Salary Adjustment
Transit Driver, Lead NR-NS 146 $2,159 -
$2,625
Salary Adjustment
Utilities Manager NR-NS 306 $4,583 -
$5,571
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 23, 2024.

FISCAL IMPACT
The revisions are within the approved Fiscal Year 2024/2025 Annual Operating Budget. A budget amendment is not required.

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 not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective 2024 11 23

TITLE SALARY GRID RANGE ABCDE
Accounting Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Accounting Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Accounting Technician I NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Accounting Technician II NR-NS 178 2,503 $ 2,628 $ 2,759 $ 2,897 $ 3,042 $ Accounting Technician III NR-NS 210 2,906 $ 3,052 $ 3,204 $ 3,364 $ 3,533 $ 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 179 2,514 $ 2,640 $ 2,772 $ 2,911 $ 3,056 $ 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 $ 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 Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Building Official, Chief DIR 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 Clerk, Deputy NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ 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 215 2,975 $ 3,124 $ 3,280 $ 3,444 $ 3,616 $ 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 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 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Engineer I NR-NS 232 3,223 $ 3,384 $ 3,553 $ 3,731 $ 3,917 $ Engineer II NR-NS 263 3,731 $ 3,918 $ 4,114 $ 4,320 $ 4,536 $ Engineer III, Civil NR-NS 294 4,327 $ 4,543 $ 4,770 $ 5,009 $ 5,259 $ Equipment Operator SEIU 137 2,189 $ 2,299 $ 2,414 $ 2,534 $ 2,661 $ Executive Assistant NR-NS 221 3,059 $ 3,212 $ 3,373 $ 3,542 $ 3,719 $ Facilities Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Finance Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Finance Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Finance Director DIR 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 Coordinator NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Human Resources Director DIR 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 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/23/2024 - Revised 11/22/24 - Adopted 12/17/24 )

TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/23/2024 - Revised 11/22/24 - Adopted 12/17/24 ) Information Technology Director DIR 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Information Technology Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ 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 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Police Chief DIR 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ 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 Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Property & Evidence Technician NR-NS 163 2,336 $ 2,452 $ 2,575 $ 2,704 $ 2,839 $ Police Sergeant SPOA-S 262 3,957 $ 4,155 $ 4,363 $ 4,581 $ 4,810 $ Public Facilities Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Public Works Director DIR 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ 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 $ Risk Management Coordinator NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ 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 $ Streets Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Teacher (PT) - Tier I Hourly 39.69 $
Teacher (PT) - Tier II Hourly 42.76 $
Transit Driver (FT) NR-NS 108 1,817 $ 1,907 $ 2,003 $ 2,103 $ 2,208 $ Transit Driver (PT) - Tier I Hourly 21.08 $
Tranist Driver (PT) - Tier II Hourly 22.71 $
Transit Driver, Lead NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Utilities Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ 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 2.5%
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 Longevity
Special Assignment
Bilingual
Education Incentive (5% Maximum)
Certificates
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/23/2024 - Revised 11/22/24 - Adopted 12/17/24 )

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

INCENTIVE

SHAFTER POLICE

OFFICER ASSOCIATION

SEIU PUBLIC WORKS
UNIT

NONREPRESENTED EMPLOYEES

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: REVISED FEDERAL TRANSIT ADMINISTRATION DRUG AND

ALCOHOL TESTING POLICY APPROVAL AND ADOPTION

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and approve and adopt the revised Federal Transit Administration Drug and Alcohol Testing Policy.

BACKGROUND
The Federal Transit Administration (FTA) mandates all Section 5311 subrecipient agencies to adopt and maintain a compliant Drug and Alcohol Testing Policy under 49 CFR Part 40 and Part 655.

Following a statewide audit conducted by the FTA, it was determined that all Section 5311 subrecipients, including the City of Shafter, must update their Drug and Alcohol Testing Policies to reflect regulatory changes introduced since the previous guidance.

Failure to comply may jeopardize the City’s eligibility for continued funding under the FTA Section 5311 program.

Enclosed for City Council approval and adoption is the updated FTA Drug and Alcohol Testing Policy, which ensures compliance with federal requirements and includes the following:

1. Mandatory provisions from 49 CFR Part 40, including recent updates.

2. Procedures for ensuring a safe and drug-free workplace for all FTA-covered employees.

3. “Zero Tolerance” framework as defined by FTA standards.

The policy must be adopted by the City Council and distributed to all covered employees per FTA Rule Section 655.16. This process includes providing written notice of the revised policies and procedures to employees and their representatives.

FISCAL IMPACT
There is no fiscal impact on approving and adopting the FTA Drug and Alcohol Testing Policy.

REVISED FEDERAL TRANSIT ADMINISTRATION DRUG AND ALCOHOL TESTING POLICY

APPROVAL AND ADOPTION
- 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 and adoption of a policy, and therefore, it is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Drug and Alcohol Testing Policy - FTA 2024 12 17

CITY OF SHAFTER

ADMINISTRATIVE POLICY

DRUG AND ALCOHOL TESTING POLICY

FEDERAL TRANSIT ADMINISTRATION
REVISED DATE: DECEMBER 17, 2024
I. PURPOSE
The City of Shafter (“City”) provides public transit and paratransit services for the residents of the City. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, the City declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees.

Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. This policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry.

Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result or test refusal. The U.S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens.

Any provisions set forth in this policy that area included under the sole authority of City and are not provided under the authority of the above-named Federal regulations are underlined. Tests conducted under the sole authority of the City will be performed on non-USDOT forms and will be separate from USDOT testing in all respects.

II. SCOPE
This Drug and Alcohol Testing Policy applies to all safety-sensitive City employees (full- or parttime), whether they are on City property or they are performing City-related business elsewhere when performing safety-sensitive duties. See Attachment A for a list of employees covered under this policy and the authority under which they are included.

A safety-sensitive function is the operation of a public transit service, including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, dispatchers or persons controlling the movement of revenue service vehicles and any transit employee who operates a vehicle that requires a Commercial Driver License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety-sensitive positions that perform one or more of the above-mentioned duties is provided in Attachment A. Supervisors are only safety-sensitive if they perform one of the above functions. Volunteers are considered safety-sensitive and subject to testing if they are required to hold a CDL or receive remuneration for service in excess of actual expense.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 2 -
REVISED DATE: DECEMBER 17, 2024
III.DEFINITIONS
“Accident” is an occurrence associated with the operation of a vehicle even when not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the occurrence and are transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.

“Adulterated Specimen” is a specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
“Alcohol” is the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication. (49 C.F.R., §40.3.)
“Alcohol Concentration” is expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR Part 40.
“Aliquot” is a fractional part of a specimen used for testing; it is taken as a sample representing the whole specimen.
“Alternate Specimen” is an authorized specimen, other than the type of specimen previously collected or attempted to be collected.
“Canceled Test” is a drug or alcohol test that has a problem identified that cannot be or has not been corrected or which is canceled. A canceled test is neither positive nor negative. “Collection Site” is a place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test.
“Confirmatory Drug Test” is a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or metabolite. “Confirmatory Validity Test” is a second test performed on a different aliquot of the original urine specimen to further support a validity test result.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 3 -
REVISED DATE: DECEMBER 17, 2024
“Covered Employee Under FTA Authority” is an employee who performs a safety-sensitive function, including an applicant or transferee who is being considered for hire into a safety-sensitive function (See Attachment A for a list of covered employees). “Cutoff” is the analytical value (e.g., drug or drug metabolite concentration) used as the decision point to determine a result (e.g., negative, positive, adulterated, invalid, or substituted) or the need for further testing.
“Designated Employer Representative (DER)” is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655. The DER for the City will be the H.R. Director or his/her designee.
“DOT, The Department, DOT Agency” these terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST).

For purposes of 49 CFR Part 40, the United States Coast Guard (USCG) in the Department of Homeland Security is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency.
“Dilute Specimen” is a urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
“Disabling Damage” is damage which precludes the departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
“Employee” is any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.
“Evidentiary Breath Testing Device (EBT)” is a device approved by NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations and appears on the Office of Drug & Alcohol Policy & Compliance’s (ODAPC’s) web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 4 -
REVISED DATE: DECEMBER 17, 2024
“Initial Drug Test (Screening Drug Test)” is the first test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. “Initial Specimen Validity Test” is the first test used to determine if a specimen is adulterated, diluted, substituted, or invalid.
“Invalid Result” is the result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. “Laboratory” is any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under 49 CFR Part 40. “Limit of Detection (LOD)” is the lowest concentration at which analyte (e.g., drug or drug metabolite) can be identified.
“Limit of Quantitation (LOQ)” for quantitative assays, the lowest concentration at which the identity and concentration of the analyte (e.g., drug or drug metabolite) can be accurately established.
“Medical Review Officer (MRO)” is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information.
“Negative Dilute” is a drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine. “Negative Result” is the result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug, or the concentration of the drug is less than the cutoff concentration for the drug or drug class, and the specimen is a valid specimen. An alcohol concentration of less than

0.02 BAC is a negative test result.
“Non-negative Specimen” is a specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), or invalid.
“Oral Fluid Specimen” is a specimen that is collected from an employee’s oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection for all purposes of 49 CFR Part 40, as amended.
“Performing (a safety-sensitive function)” is a covered employee that is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 5 -
REVISED DATE: DECEMBER 17, 2024
“Positive Result” is the result reported by an HHS-Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations. “Primary Specimen” in drug testing, is the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system and for the purpose of specimen validity testing. The primary specimen is the portion of the donor’s subdivided specimen designated as the primary (‘‘A’’) specimen by the collector to distinguish it from the split (‘‘B’’) specimen, as defined in 49 CFR Part 40, as amended. “Prohibited Drug” is identified as marijuana, cocaine, opiates (including opium and codeine derivatives), amphetamines and methamphetamines, and phencyclidine (PCP) at concentration levels above the minimum thresholds specified in 49 CFR Part 40, as amended. “Reconfirmed” is the result reported for a split (Bottle B) specimen when the second HHS-Certified laboratory corroborates the original result reported for the primary (Bottle A) specimen. “Rejected for Testing” is the result reported by an HHS-Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected. “Revenue Service Vehicles” is all transit vehicles that are used for passenger transportation service. “Safety-sensitive Functions” are employee duties identified as:
1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service.
2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Driver's License (CDL). 3) Maintaining a revenue service vehicle or equipment used in a revenue service. 4) Controlling the dispatch or movement of a revenue service vehicle. 5) Carrying a firearm for security purposes.
“Specimen” is fluid, breath, or other material collected from an employee at the collection site for the purpose of a drug or alcohol test.
“Specimen Bottle” is the bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the transportation to the laboratory. In the context of oral fluid testing, it may be referred to as a “vial,” “tube,” or “bottle.”
“Split Specimen” in drug testing, the specimen that is sent to a first laboratory and stored with its original seal intact, and which is transported to a second laboratory for retesting at the employee’s request following MRO verification of the primary specimen as positive, adulterated or substituted. “Split Specimen Collection” is a collection in which the single specimen collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).

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“Substance Abuse Professional (SAP)” is a licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, or a drug and alcohol abuse counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders, as required by 49 C.F.R §40.283. “Substituted specimen” is an employee’s specimen not consistent with a normal human specimen, as determined by HHS (e.g., a urine specimen, with creatinine and specific gravity values that are so diminished, or so divergent that they are not consistent with normal human urine). “Test Refusal” the following are considered a refusal to test if the employee:
1) Fails to appear for any test (excluding pre-employment test) within a reasonable time, as determined by the employer.
2) Fails to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test.
3) Fails to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a preemployment test has not refused to test. 4) In the case of a directly observed or monitored urine collection in a drug test, fails to permit monitoring or observation of your provision of a specimen. 5) Fails to provide a sufficient quantity of specimen without a valid medical explanation. 6) Fails or declines to take an additional test as directed by the collector or the employer for drug testing.
7) Fails to undergo a medical evaluation, as required by the MRO, or the employer’s Designated Employer Representative (DER).
8) Fails to cooperate with any part of the testing process. 9) Fails to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine collection.
10) Possess or wear a prosthetic or other device used to tamper with the collection process. 11) Admit to the adulteration or substitution of a specimen to the collector or MRO. 12) Refuses to sign the certification at Step 2 of the Alcohol Testing Form (ATF). 13) Fails to remain readily available following an accident. 14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. “Undiluted (neat) oral fluid” is an oral fluid specimen to which no other solid or liquid has been added. For example: A collection device that uses a diluent (or other component, process, or method that modifies the volume of the testable specimen) must collect at least 1 mL of undiluted (neat) oral fluid.
“Urine specimen” is urine collected from an employee at the collection site for the purpose of a drug test.
“Vehicle” is a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for ancillary services.

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“Verified negative test” is a drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use above the minimum cutoff levels established by the Department of Health and Human Services (HHS).
“Verified positive test” is a drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40 as revised.
“Validity testing” is the evaluation of the specimen to determine if it is consistent with normal human urine or oral fluid. Specimen validity testing will be conducted on all specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the specimen, if the specimen was diluted, or if the specimen was altered.

IV. EDUCATION AND TRAINING
Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations, including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use, including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use.

All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.

V. PROHIBITED SUBSTANCES
Prohibited substances addressed by this policy include the following. 1) Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to marijuana, methamphetamines and amphetamines, opiates (opium and codeine derivatives), phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes the use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended.

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Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all employees covered under FTA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine, as described in this policy. Illegal use of these five drugs is prohibited at all times, and thus, covered employees may be tested for these drugs anytime that they are on duty.
2) Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance that carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a supervisor, and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safetysensitive functions. 3) Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner that violates the conduct listed in this policy is prohibited.

VI.PROHIBITED CONDUCT
1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended, is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended.
2) Each covered employee is prohibited from consuming alcohol while performing safetysensitive job functions or while on-call to perform safety-sensitive job functions. If an oncall employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling his/her on-call responsibilities.
3) The Transit Department shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed. (49 C.F.R. §655.31) a. An employee with a breath alcohol concentration that measures 0.02-0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within four (4) hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require the employee to be removed from the performance of safety-sensitive duties until (49 C.F.R. §655.35):
i. The employee's alcohol concentration measures less than 0.02; or

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ii. The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test.
5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. 6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
7) The City, under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty or anytime the employee is in uniform. 8) Consistent with the Drug-Free Workplace Act of 1988, all City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the workplace, including transit system premises and transit vehicles.

VII. DRUG STATUTE CONVICTION
Consistent with the Drug-Free Workplace Act of 1988, all employees are required to notify the City management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action as defined in this policy.

VIII. TESTING REQUIREMENTS
1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in this policy, and return to duty/follow-up. 2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion, random, or follow-up alcohol test can only be performed just before, during, or after the performance of a safety-sensitive job function. Under City authority, a non-DOT alcohol test can be performed any time a covered employee is on duty.

All covered employees will be subject to drug and alcohol testing as a condition of ongoing employment with the City. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in this policy.

IX. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner that assures a high degree of accuracy and reliability, using techniques, equipment, and laboratory facilities that have been approved by the U.S.

Department of Health and Human Services (HHS). All testing will be conducted in a manner consistent with the procedures set forth in 49 CFR Part 40, as amended. The

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procedures will be performed in a private, confidential manner, and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opiates (opium and codeine derivatives), amphetamines and methamphetamines, and phencyclidine (PCP). After the identity of the donor is checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at an HHS-certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended. 3) The test results from the HHS-certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee’s medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a nonnegative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the City. If a legitimate explanation is found, the MRO will report the test result as negative. 4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. [TRANSIT SYSTEM NAME] will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample; however, the City will seek reimbursement for the split sample test from the employee.

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6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled.
7) Observed collections:
a. Consistent with 49 CFR part 40, as amended, collection under direct observation with no advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to the City that there was not an adequate medical explanation for the result;
ii. The MRO reports to the City that the original positive, adulterated, or substituted test result had to be canceled because the test of the split specimen could not be performed;
iii. The laboratory reported to the MRO that the urine specimen was negativedilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine specimen as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1));
iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen. v. The temperature on the original urine specimen was out of range (See §40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with (See §40.65(c)(1)); vii. All follow-up-tests; or
viii. All return-to-duty tests.

Urine collections that are required to be directly observed will be conducted by a person of the same gender as the donor as required by 49 CFR Part 40.67.

X. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices.” Alcohol screening tests may be performed using a non-evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids.” If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA-approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be

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provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test and the subsequent results and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and the validity of the test result.
2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of the workday, whichever is longer, and will be subject to the consequences described in this policy. An alcohol concentration of less than 0.02 will be considered a negative test.
3) The City affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a canceled test. 4) The alcohol testing form (ATF) required by 49 CFR Part 40, as amended, shall be used for all FTA-required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.

XI.PRE-EMPLOYMENT TESTING
All applicants for covered transit positions shall undergo drug testing prior to the performance of a safety-sensitive function.
1) All offers of employment for covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. 2) An employee shall not be placed, transferred, or promoted into a position covered under FTA authority or company authority until the employee takes a drug test with verified negative results.
3) If an applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded, and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment, the applicant must provide the employer proof of having successfully completed a referral, evaluation, and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant.
4) When an employee is placed, transferred, or promoted from a non-covered position to a

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position covered under FTA authority or company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with this policy.
5) If a pre-employment test is canceled, the City will require the applicant to take and pass another pre-employment drug test.
6) In instances where an FTA-covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason and during that period is not in the random testing pool, the employee will be required to take a pre-employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions.
7) Following a negative dilute, the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative, and no additional testing will be required unless directed to do so by the MRO. 8) Applicants are required (even if ultimately not hired) to provide the City with signed written releases requesting USDOT drug and alcohol records from all previous USDOT-covered employers that the applicant has worked for within the last two years. Failure to do so will result in the employment offer being rescinded. The City is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to test on a preemployment test for a USDOT-covered employer within the last two years. If the applicant has tested positive or refused to test on a pre-employment test for a USDOT-covered employer, the applicant must provide the City proof of having successfully completed a referral, evaluation, and treatment plan as described in section 655.62 of subpart G.

XII. REASONABLE SUSPICION TESTING
1) All FTA-covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech, or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and alcohol use and who reasonably conclude that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However, under the City’s authority, a non-DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion drug test can be performed any time the covered employee is on duty.
2) The City shall be responsible for transporting the employee to the testing site. Supervisors should avoid placing themselves and/or others into a situation that might endanger the

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physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in this policy. An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action as specified in this policy.
3) A written record of the observations that led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to the City.
4) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the employee shall be referred for assessment and treatment consistent with this policy. The City shall place the employee on administrative leave in accordance with the provisions set forth under this policy. Testing in this circumstance would be performed under the direct authority of the City. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority as specified in this policy or the associated consequences.

XIII. POST-ACCIDENT TESTING
1) FATAL ACCIDENTS - A covered employee will be required to undergo drug and alcohol testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the accident, which results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. 2) NON-FATAL ACCIDENTS - A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident occurs and at least one of the following conditions is met (49 C.F.R. §655.4):
a. The accident results in injuries requiring immediate medical treatment away from the scene unless the covered employee can be completely discounted as a contributing factor to the accident.
b. One or more vehicles incur disabling damage as a result of the occurrence and must be transported away from the scene unless the covered employee can be completely discounted as a contributing factor to the accident.

In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision, will be tested.

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As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the decision.

The appropriate transit supervisor shall ensure that an employee required to be tested under this section is tested as soon as practicable but no longer than eight (8) hours of the accident for alcohol and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours or the drug test within 32 hours, attempts to conduct the test must cease, and the reasons for the failure to test must be documented.

Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test.

An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing.

Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

In the rare event that the City is unable to perform an FTA drug and alcohol test (i.e., the employee is unconscious, the employee is detained by a law enforcement agency), the City may use drug and alcohol post-accident test results administered by local law enforcement officials in lieu of the FTA test. The local law enforcement officials must have independent authority for the test, and the employer must obtain the results in conformity with local law.

VII. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. Individuals who may be covered under company authority will be selected from a pool of non-DOTcovered individuals. 2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week, and hours of the day. 3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA administrator. The current year testing rates can be viewed online at
https://www.transportation.gov/odapc/random-testing-rates.

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4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection.
5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in one random pool maintained separately from the testing pool of non-safetysensitive employees that are included solely under City authority. 6) Random tests can be conducted at any time during an employee’s shift for drug testing.

Alcohol random tests can only be performed before, during, or just after the performance of a safety-sensitive duty. However, under the City’s authority, a non-DOT random alcohol test may be performed any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an employee’s shift.
7) Employees are required to proceed immediately to the collection site upon notification of their random selection.

VIII. RETURN-TO-DUTY TESTING
The City will terminate the employment of any employee who tests positive or refuses a test as specified in this policy. However, in the rare event an employee is reinstated with a court order or other action beyond the control of the transit system, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement, is known to be drug and alcohol-free, and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a return-to-duty drug test, alcohol test, or both.

IX. FOLLOW-UP TESTING
Covered employees who have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug and/or alcohol testing following their return-to-duty test. The follow-up testing will be performed for a period of one to five years, with a minimum of six tests to be performed in the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the SAP, reflecting the SAP’s assessment of the employee’s unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate from random, post-accident, reasonable suspicion, and return-to-duty testing.

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USDOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations will be conducted under company authority and will be performed using non-DOT testing forms.

X. RESULT OF DRUG/ALCOHOL TEST
Any covered employee that has a verified positive drug or alcohol test or test refusal will be immediately removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals (SAP) for assessment, and will be terminated.

Following a negative dilute, the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative, and no additional testing will be required unless directed to do so by the MRO.

Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result and a direct act of insubordination and shall result in termination and referral to a list of USDOT-qualified SAPs. A test refusal is defined as any of the following circumstances:
1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer.
2) Fails to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test.
3) Fails to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a preemployment test has not refused to test. 4) In the case of a directly observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen. 5) Fails to provide a sufficient quantity of specimen without a valid medical explanation. 6) Fails or declines to take an additional test as directed by the collector or the employer for drug testing.
7) Fails to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER).
8) Fails to cooperate with any part of the testing process. 9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly observed urine collection.
10) Possess or wear a prosthetic or other device used to tamper with the collection process. 11) Admit to the adulteration or substitution of a specimen to the collector or MRO. 12) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
13) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). 14) Failure to remain readily available following an accident. 15) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 18 -
REVISED DATE: DECEMBER 17, 2024
An alcohol test result of 0.02 to  0.039 BAC shall result in the removal of the employee from duty for eight hours or the remainder of the work day, whichever is longer. The employee will not be allowed to return to safety-sensitive duty for his/her next shift until he/she submits to a NONDOT alcohol test with a result of less than 0.02 BAC.

In the instance of a self-referral or a management referral, disciplinary action against the employee shall include:
1) Mandatory referral for an assessment by an employer-approved counseling professional for assessment, formulation of a treatment plan, and execution of a return-to-work agreement;
2) Failure to execute or remain compliant with the return-to-work agreement shall result in termination from City employment.
a. Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result of that test is negative; the employee is cooperating with his/her recommended treatment program; and the employee has agreed to periodic unannounced followup testing as described in this policy; however, all follow-up testing performed as part of a return-to-work agreement required under this policy is under the sole authority of the City and will be performed using non-DOT testing forms. 3) Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the return-to-work agreement will be conducted under company authority and will be performed using non-DOT testing forms.
4) A self-referral or management referral to the employer's counseling professional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered a positive test result in relation to the progressive discipline defined in this policy.
5) Periodic unannounced follow-up drug/alcohol testing conducted as a result of a self-referral or management referral, which results in a verified positive, shall be considered a positive test result in relation to the progressive discipline defined in this policy. 6) A Voluntary Referral does not shield an employee from disciplinary action or guarantee employment with the City.
7) A Voluntary Referral does not shield an employee from the requirement to comply with drug and alcohol testing.

Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in the workplace shall result in termination.

XI. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal are not subject to arbitration.

XII. PROPER APPLICATION OF THE POLICY
The City is dedicated to assuring fair and equitable application of this substance abuse policy.

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 19 -
REVISED DATE: DECEMBER 17, 2024
Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy or who is found to deliberately misuse the policy in regard to subordinates shall be subject to disciplinary action, up to and including termination.

XIII. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the City’s Drug and Alcohol Program Manager, and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without the express written consent of the tested employee. 2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol, including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records, such as equipment calibration records and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager and other transit system management personnel on a need-toknow basis. 4) Records will be released to a subsequent employer only upon receipt of a written request from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding.
6) Records will be released to the National Transportation Safety Board during an accident investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of its employees.
9) Records will be released if requested by a Federal, state, or local safety agency with regulatory authority over the City or the employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary to any

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 20 -
REVISED DATE: DECEMBER 17, 2024
provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken
11) In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA.

APPROVED AND ADOPTED this 17th day of December.
___________________________________
Chad Givens, Mayor
ATTEST:
___________________________________
Yazmina Pallares, City Clerk

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 21 -
REVISED DATE: DECEMBER 17, 2024
Attachment A

CLASSIFICATIONS JOB DUTIES TESTING AUTHORITY
Mechanic Vehicle Maintenance FTA
Transit Driver Revenue Transit FTA
Transit Driver, Lead Revenue Transit FTA

DRUG AND ALCOHOL TESTING POLICY - FTA Page | - 22 -
REVISED DATE: DECEMBER 17, 2024
Attachment B
Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s).

City of Shafter Drug and Alcohol Program Manager
Name: Carol Chavolla
Title: HR Director
Address: 336 Pacific Ave, Shafter, CA 93263
Telephone Number: (661) 746-5041
Medical Review Officer
Name: Name: Brian N. Heinen, Sr., M.D.

Title: Doctor of Medicine
Address: 151 Leon St., Eunice, LA 70535
Telephone Number: (337) 457-8166
Substance Abuse Professional
Name: Simple EAP
Title:

Address: 1080 W Shaw Ave, Ste 105, Fresno, CA 93711
Telephone Number: 1-888-425-4800

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026 RESOLUTION

ADOPTION

RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the proposed action is not defined as a “project” per Section 15378(b) (4) of the CEQA Guidelines; and adopt Resolution 3003, a Resolution of the City Council of the City of Shafter serving as the Board of Directors of the Successor Agency to the Dissolved Shafter Community Development Agency, Approving and Adopting a Recognized Obligation Payment Schedule Covering the Period of July 1, 2025 through June 30, 2026, Pursuant to Health and Safety Code Section 34177(l) And (m).

BACKGROUND
Annually, the Successor Agency must prepare a Recognized Obligation Payment Schedule (ROPS) listing all enforceable obligations due for the next fiscal year as well as an actual accounting of the prior ROPS period and a reconciliation of all cash held by the Successor Agency. The ROPS must be approved by the Successor Agency Board of Directors, Oversight Board, and ultimately the Department of Finance. Once approved by all parties, the County Auditor Controller will distribute available property tax to the Successor Agency to fund the obligations on the ROPS. The ROPS 25-26 being considered for approval includes the following obligations.

July 1, 2025 – December 31, 2025:

1. 2016 Refunding Bonds: $741,796

2. Administrative Budget: $125,000

3. City / Agency Loan Agreement: $90,000
January 1, 2026 – June 30, 2026:

1. 2016 Refunding Bonds: $167,262

2. Administrative Budget: $125,000

3. City / Agency Loan Agreement: $90,000

FISCAL IMPACT
The $1,339,058 in total expenditures will be paid with property tax allocations from the County Auditor Controller including any unused property tax allocations from prior

RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026 RESOLUTION ADOPTION
- 2 -
years. The Successor Agency stands alone as a private purpose trust fund. Thus, the financial activity of the Successor Agency is accounted for separately and not combined with the City’s finances.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of a recognized obligation payment schedule and therefore, it is the creation of 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
No

ATTACHMENTS

1. Resolution 3003-24 Successor Agency Recognized Obligation Payment Schedule ROPS

2. 25-26 ROPS Rpt

RESOLUTION NO. 3003

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER SERVING

AS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE

DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY, APPROVING

AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE
COVERING THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(L) AND (M).

WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter became the successor agency to the Shafter Community Development Agency (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Section 34179(j), on July 1, 2018 a single oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section 34177(l) requires the Successor Agency to prepare a recognized obligation payment schedule (“ROPS”), by February 1st of each year, forward looking to the next fiscal year; and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Successor Agency’s oversight board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS (“Approved ROPS”) to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency’s website; and
WHEREAS, Health and Safety Code Section 34177(m) requires that the Approved ROPS for the period July 1, 2025 through June 30, 2026 (“ROPS 25-26”) is required to be submitted to the Department of Finance, California State Controller and the County Auditor-Controller by February 1, 2025; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY

TO THE FORMER SHAFTER COMMUNITY DEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Approval of ROPS. The Successor Agency hereby approves and adopts the ROPS 25- 26, covering the period July 1, 2025 through June 30, 2026, in substantially the same form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.

Shafter City Council Resolution 3003
December 17, 2024

Section 4. Transmittal of ROPS. The City Manager and Finance Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 25-26, including submitting the ROPS 25-26 to the Successor Agency’s oversight board for approval, and submission of the Approved ROPS to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency’s website.

Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 2024. _______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution 3003
December 17, 2024

EXHIBIT A

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
[Attached behind this page]

Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Shafter
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 956,796 $ 382,262 $ 1,339,058 F RPTTF 831,796 257,262 1,089,058
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 956,796 $ 382,262 $ 1,339,058 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

Shafter
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$9,215,000 $1,339,058 $- $- $- $831,796 $125,000 $956,796 $- $- $- $257,262 $125,000 $382,262 3 Administrative
Budget
Admin
Costs
07/01/
2013
06/30/2037 City of
Shafter
Successor
Agency
Administrative
Costs
250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 4 Loan
Agreement
City/
County
Loan
(Prior 06/
28/11),
Cash
exchange
01/18/
2011
06/30/2015 City of
Shafter
SERAF and
operating
expense loan
agreement
500,000 N $180,000 - - - 90,000 - $90,000 - - - 90,000 - $90,000 10 Property Tax
Increment
Allocation
Bonds
Bonds
Issued
After 12/
31/10
12/28/
2016
11/01/2036 U.S.

Bank,
N.A.
2016 Series
A Refunding
Bonds
1&2 8,465,000 N $909,058 - - - 741,796 - $741,796 - - - 167,262 - $167,262

Shafter
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
330,677
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
8,536 1,057,425
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
1,174,283
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $8,536 $213,819

Shafter
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
3 4
10

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: ADOPTION OF RESOLUTION APPROVING AND ADOPTING A

PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD OF
JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177(J)

RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and adopt Resolution 3004, a Resolution of the City Council of the City of Shafter serving as the Successor Agency to the Dissolved Shafter Community Development Agency, Approving and Adopting a Proposed Administrative Budget for the Period July 1, 2025 through June 30, 2026, Pursuant to Health and Safety Code Section 34177(j).

BACKGROUND
Following the dissolution of the Redevelopment Agency of the City of Shafter ("Agency"), the City became the successor agency to the Agency (the "Successor Agency"). Pursuant to Health and Safety Code Section 34173(b), the Successor Agency is now a separate legal entity from the City. One of the responsibilities of the Successor Agency is to prepare a proposed administrative budget. According to Health and Safety Code Section 34177(j), the administrative budget is to include all of the following: (i) estimated amounts for the Successor's Agency's administrative costs for the upcoming six-month fiscal period; (ii) proposed sources of payment for the costs identified in (i); and (iii) proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity.

This proposed administrative budget is to be submitted to the Successor Agency's oversight board for approval ("Approved Administrative Budget"). Under Health and Safety Code Section 34177(k), the Successor Agency is to provide administrative cost estimates, from the Approved Administrative Budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller for the upcoming fiscal year.

FISCAL IMPACT
Administrative fees impact the General Fund.

CEQA ANALYSIS

ADOPTION OF RESOLUTION APPROVING AND ADOPTING A PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(J)
- 2 -
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of an administrative budget and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Reoslution 3004-24 Administrative Budget for Period of July 1, 2025 through June 30, 2026

RESOLUTION NO. 3004

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED SHAFTER

COMMUNITY DEVELOPMENT AGENCY, APPROVING AND ADOPTING A
PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(J)
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter became the successor agency to the Shafter Community Development Agency (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Section 34179(j), on July 1, 2018 a single oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section 34177(j) requires the Successor Agency to prepare a proposed administrative budget covering each 6-month period, and submit it to the oversight board for approval; and
WHEREAS, pursuant to Health and Safety Code Section 34177(k), upon approval of the administrative budget by the oversight board, the Successor Agency is required to provide administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller for each fiscal period covered by the administrative budget; and WHEREAS, pursuant to Health and Safety Code Section 34171(b), the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) per fiscal year, unless the oversight board reduces this amount or the lesser amount is agreed to by the successor agency; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Approval of Proposed Administrative Budget. The Board of Directors of the Successor Agency hereby approves and adopts the proposed administrative budget covering the two six-month periods from July 1, 2025 to June 30, 2026, in substantially the same form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.

Shafter City Council Resolution 3004
December 17, 2024

Section 3. Transmittal of Proposed Administrative Budget. The City Manager and Finance Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the proposed administrative budget, including submitting the proposed administrative budget to the Successor Agency’s oversight board, and upon oversight board approval of the administrative budget, the provision of administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller.

Section 4. Effectiveness. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 2024. _______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution 3004
December 17, 2024

EXHIBIT A

PROPOSED ADMINISTRATIVE BUDGET
[Attached behind this page]

Shafter City Council Resolution 3004
December 17, 2024

SHAFTER COMMUNITY DEVELOPMENT AGENCY - SUCCESSOR AGENCY Administrative Budget: 7/1/25 - 6/30/26
Administrative Services Agreement Fee to the City of Shafter: $ 250,000 $ 125,000 $ 125,000 * Administrative Budget limited to 3% of property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of enforceable obligations less any city loan repayments and administrative cost allowances ("PY Net Property Tax"), but not less than $250,000 per year, but in no case can exceed 50% of the PY Net Property Tax, per H&S 34171(b),
Administrative Budget Compliance Test:

Actual prior year property tax distributed to the successor agency (2023-24): $ 1,228,511 Less: city loan repayments: -
Less: administrative cost allowances:
(250,000)
PY Net Property Tax: 978,511

1. 3% net Property Tax - limit: $ 29,355

2. Statutory administrative cost allowance minimum: $ 250,000

3. Greater of 1 or 2: $ 250,000

4. 50% PY Net Property Tax - hard limit: $ 489,256

5. Administrative Budget (A): $ 250,000

6. In Compliance? YES
EXPENSE ANNUAL 7/1/25 - 12/31/25 1/1/26 - 6/30/26
(A) CLASSIFICATION TOTAL BUDGET $ BUDGET 250,000 $ BUDGET 125,000 $ BUDGET 125,000

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Yazmina Pallares, City Clerk
SUBJECT: CERTIFICATION OF ELECTION NOVEMBER 5, 2024

RECOMMENDATION
Council adopt Resolution 3002, a Resolution of the City Council of the City of Shafter, California, Reciting the Fact of the General Municipal Election held on November 5, 2024, Declaring the Result and Such Other Matters as Provided by Law.

BACKGROUND
The Kern County Elections Department has made available the Statement of Votes Cast during the General Election held November 5, 2024. Attached for Council consideration is a Resolution reciting the fact of the election held on November 5, 2024, declaring the result and such other matters as provided by law.

FISCAL IMPACT
None.

CEQA ANALYSIS
None.

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Resolution 3002-24 Election Results 2024

RESOLUTION NO. 3002

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER

MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Shafter, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 2969 dated June 4, 2024, the Kern County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes cast in the City was 12,073.

SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:

Pete Espinoza
Chad A. Givens
Gilbert T. Alvarado
James Bostic Osborne, III
Rafael S. Zamudio
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.

SECTION 4. The City Council does declare and determine that Gilbert T. Alvarado was elected as Member of the City Council for the full term of four years, Pete Espinoza was elected as Member of the City Council for the full term of four years, and Chad Givens was elected as Member of the City Council for the full term of four years.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person, (5) The total number of votes given to each person.

Shafter City Council Resolution 3002
December 17, 2024

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED THIS 17th DAY OF DECEMBER, 2024.
_________________________________
Chad Givens, Mayor
ATTEST:
_________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
__________________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution 3002
December 17, 2024

EXHIBIT A

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Yazmina Pallares, City Clerk
SUBJECT: COUNCIL MEMBER OATH OF OFFICE

RECOMMENDATION
Clerk Administer the Oath of Office to Council Members Gilbert T. Alvarado, Pete Espinoza, and Chad Givens.

BACKGROUND
Clerk Administer the Oath of Office to Council Members Gilbert T. Alvarado, Pete Espinoza, and Chad Givens.

FISCAL IMPACT
None.

CEQA ANALYSIS
None.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS
None

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 17, 2024
DEPARTMENT: Yazmina Pallares, City Clerk
SUBJECT: REORGANIZATION AND APPOINTMENTS TO VARIOUS
BOARDS

RECOMMENDATION
Each Board make nominations and appointments.

BACKGROUND

1. City Council
a. Mayor (Nominations made to the City Manager)
b. Mayor Pro Tem (Nominations made to the Mayor)

2. Kern Council of Governments(Mayor ask for volunteers and make appointment) a. Board Member (Appointment)
b. First Alternate (Appointment)
c. Second Alternate (Appointment)

3. San Joaquin Valley Air Pollution Control District City Selection Committee(Mayor ask for volunteers and make appointment) a. Board Member (Appointment)
b. First Alternate (Appointment)
c. Second Alternate (Appointment)

4. Kern Economic Development Corporation Board (Mayor ask for volunteers and make appointment)
a. Board Member (Appointment)
b. First Alternate (Appointment)
c. Second Alternate (Appointment)

FISCAL IMPACT
None.

CEQA ANALYSIS

REORGANIZATION AND APPOINTMENTS TO VARIOUS BOARDS
- 2 -
None.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS
None