20 enter into a subdivision improvement agreement with the City of Shafter for public improvements that are not completed at the time of Final Map approval. The subdivision improvement agreement must be approved by the City Council and recorded with the Kern County Assessor-Recorder.
CALIFORNIA DEPARTMENT OF CONSERVATION – GEOLOGIC ENERGY
MANAGEMENT DIVISION (CDC-CALGEM)
154. All four wells within Tract 7461, as shown on the approved tentative map, prior to, or during, development activities shall be tested by the Developer for liquid and gas leakage.
Surveyed locations should be provided to CalGEM in Latitude and Longitude, NAD 83 decimal format. Any wells found leaking must be reported immediately to CalGEM by the Developer.
155. No well work may be performed on any oil, gas, or geothermal well by the Developer without written approval from CalGEM. Well work requiring approval includes, but is not limited to, mitigating leaking gas or other fluids from abandoned wells, modifications to well casings, and/or any other re-abandonment work. The Developer must acquire any required approval from CalGEM prior to commencing any well work. The Division also regulates the top of a plugged and abandoned well's minimum and maximum depth below final grade. CCR §1723.5 states well casings shall be cut off at least 5 feet but no more than 10 feet below grade. If any well needs to be lowered or raised (i.e. casing cut down or casing riser added) to meet this regulation, the Developer must acquire the necessary permit from the Division before commencing work.
156. To ensure that the future property owners of Tract 7461 Lots 155, 156, 259, and 260 are aware of the existence of all wells located on the subject property, and the potentially significant issues associated with any improvements near oil or gas wells, the Developer shall communicate to the Kern County Recorder the proximity and location of the 10-foot non-buildable buffer around the existing, identified wells affecting these lots, for inclusion in the title information of Tract 7461 Lots 155, 156, 259, and 260. The Developer shall have this disclosure conveyed in a recorded covenant or an alternative recorded document affecting title information prior to the Notice of Completion for Tract 7461. A copy of the recorded documents affecting the title information of the aforementioned lots shall be provided by the Developer to the Planning Department.
157. The Division recommends that any soil containing hydrocarbons be disposed of in accordance with local, state, and federal laws. The Developer shall notify the appropriate authorities if soil containing significant amounts of hydrocarbons is discovered during development.
158. If during development activities, any wells are encountered that were not part of this review, the Developer/property owner is expected to immediately notify CalGEM’s construction site well review engineer in the Inland district office, and file for Division review an
21 amended site plan with well casing diagrams. The District office will send a follow-up well evaluation letter to the property owner and local permitting agency.
NORTH OF THE RIVER RECREATION AND PARK DISTRICT
159. Prior to recordation of a final map, the subdivider shall dedicate land with free and clear title to North of the River Recreation and Park District based on a park land dedication requirement of 2.5 acres per 1,000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirements will change accordingly. Prior to recordation of a final map, the subdivider shall enter into an agreement with North of the River Recreation and Park District to implement and satisfy this condition. This subdivision is located within the boundaries of the North of the River Recreation and Park District. a. Subdivider shall dedicate 2.69 acres
160. Prior to recordation of any final map, the subdivider shall record a covenant on the property disclosing the requirement to dedicate/reserve a public park pursuant to a park agreement with the North of the River Recreation and Park District. Covenant shall be reviewed for approval by the North of the River Recreation and Park District prior to recordation. 161. All park sites shall be improved to North of the River Recreation and Park District requirements/Standards via an agreement with North of the River Recreation and Park District and the subdivider. Said agreement shall include the scope and timing of the development of the park site.
162. Prior to recordation of any final map, the subdivider shall record a covenant on all lots of the subdivision disclosing the potential for light, glare, traffic and noise disturbances associated with the operations of the existing park site. Covenant shall be reviewed for approval by North of the River Recreation and Park District and submitted to City Planning prior to recordation.
163. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District.
164. Subdivider shall be responsible for improving streets adjacent to the park site to City standards.
165. As an alternative to dedication and transfer of the public park to the North of the River Recreation and Park District, and subject to authority granted in state law, Developer may request the City consider alternative arrangements for the dedication and transfer of the public park, as authorized by state law, either to the City of Shafter or a combination of the City of Shafter and the North of the River Recreation and Park District. Such alternative arrangements shall be memorialized in an agreement approved by the City of Shafter and the North of the River Recreation and Park District, prior to acceptance of all improvements by the City of Shafter (except for the issuance of a certificate of occupancy for model
22 homes). Nothing contained herein shall obligate the City or the North of the River Recreation and Park District to accept such alternative dedication and transfer. 2005 GENERAL PLAN UPDATE MITIGATION
166. If a special-status species is observed during the development of the tract, then a focused species survey shall be completed. If a special-status species is found to be present during the survey, then appropriate mitigation measures shall be implemented in compliance with applicable state and federal law and guidance.
167. If human remains are encountered during the development of the tract, then no further disturbance shall occur until the Kern County Coroner has determined the origin and disposed of the remains.
168. Standard construction activities shall be limited to between 7 am and 7 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City.
169. If pile-driving activities occurs during the development of the tract, then such activity shall be limited to between 8 am and 4 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City. 170. If existing neighbors are located within 300 feet of the tract boundary, then 30-day notice is required prior to any pile-driving activities.
171. Signs shall be posted at the construction site that include permitted construction days and hours and a day and evening contact number.
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: January 7, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TENTATIVE TRACT MAP NO. 7483
RECOMMENDATION
Council find the action has already complied with the Califiornia Environmental Quality Act; and approve Tentative Tract Map No. 7483, proposing to subdivide 16.88 gross acres into 85 lots, subject to the recommended conditions of approval.
BACKGROUND
The property owner, Franmar Company, LP. is requesting approval of a tentative tract map to subdivide approximately 16.88 gross acres into 85 total lots. This will include 84 single-family residential lots and a public access lot that will lead to a future Friant-Kern bike trail. The residential lots range in size from 5,500 square feet to 11,000 square feet.
ANALYSIS
The project site is located on the southeastern edge of the city, north of Seventh Standard Road and within the Marcona Preserve Specific Plan. The subdivision is located between the Friant-Kern Canal and Jewetta Avenue North on the north side of Ponderosa Avenue. The area within the proposed tract boundaries was originally designated for a future middle school. However, Norris School District provided a letter to the City stating that it no longer had an interest in utilizing the future school site, which released the property for other land uses. On December 19, 2023, the Shafter City Council approved Specific Plan Amendment No. 23-08, a request by Franmar Company to change the land use designation of the school site to allow for the development of up to 84 additional low-density residential units.
The proposed tentative tract map has been designed to be consistent with both the lot sizes and the design elements required by the Specific Plan. The map contents are in compliance with the development standards of Planning Area 3 (PA-3) as defined by the Marcona Preserve Specific Plan.
A variety of detached, single-family residential homes will be provided that will appeal to a wide range of future home buyers, responding to both local and regional housing needs. The tract is located two miles east of the Wonderful Industrial Park, one of Shafter’s major employment hubs, which places housing at a close proximity to a major workforce center. Proximity between jobs and housing can help reduce the region’s
TENTATIVE TRACT MAP NO. 7483
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vehicle miles traveled and contribute to greenhouse gas reduction goals. As housing production increases within Shafter, commercial real estate groups will be incentivized to invest in the community and bring new projects and employment opportunities to the area that will boost economic growth and quality of life.
MARCONA PRESERVE SPECIFIC PLAN CONSISTENCY
The proposed residential project is consistent with the adopted Marcona Preserve Specific Plan, and the lot size, configuration, and density meet the requirements for Planning Area 3, as identified in the Specific Plan. The circulation plan, street configurations, and proposed improvements are all consistent with the Marcona Preserve Specific Plan and approved amendments.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission considered the tentative tract map on December 10, 2024.
The Planning Commission unanimously approved of and adopted Resolution No. 24- 455, recommending the City Council approve the tentative tract map (Tentative Tract No. 7483) subject to the recommended conditions of approval.
FINDINGS
1. The City Council finds that Tentative Tract No. 7483, with the Conditions of Approval, is consistent with the Shafter General Plan and the Marcona Preserve Specific Plan.
2. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act, and with Title 16 (Subdivision Ordinance) of the Shafter Municipal Code. The proposed lots are in substantial conformance with the provisions of City Ordinances and all lots will have adequate access to public streets, water lines, fire hydrants, drainage facilities, and utilities.
3. The project’s uses and design are compatible with projects adjacent to the Marcona Preserve Specific Plan.
4. The project contributes to the design qualities expected under the Marcona Preserve Specific Plan.
5. The project has demonstrated compliance with the policies of the City of Shafter 2005 General Plan.
6. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Marcona Preserve Specific Plan.
7. The project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457.
FISCAL IMPACT
TENTATIVE TRACT MAP NO. 7483
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There is no fiscal impact directly resulting from the approval of the tentative tract map. Indirectly, the approval may expedite the development of the residential project. Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.
CEQA ANALYSIS
The proposed tentative tract map includes residential development consistent with the adopted Marcona Preserve Specific Plan. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Marcona Preserve Specific Plan in 2005 (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7483 as adopted in the Marcona Preserve Specific Plan.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Vicinity Map
2. Tentative Tract Map No. 7483
3. Resolution No. 3006
COBBLE
CREEK DR
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Copyright nearmap 2015
Site Locations
City Limits
TRACT BOUNDARY
This map and the data contained within it was generated by the City of Shafter. Please consult the City of Shafter Planning Department with any questions, concerns, or potential inaccuracies that may be associated with this document.
Credits: Esri, HERE, City of Shafter, Nearmap Inc. - Aerial Imagery as of February 2024 0 340 680 1,360 Feet ¯
TRACT NO. 7483 VICINITY MAP
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LOT "C" OF LOT LINE
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LOT "C" OF LOT LINE ADJUSTMENT NO. 22-89, CERTIFICATE OF COMPLIANCE DOC. NO. 223032366, O.R. LONGHORN WAY DEXTER WAY WAGYU WAY GALLOWAY AVENUE SHORTHORN COURT BRAFORD COURT © COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED. 10/29/2024 Page 176 of 225
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EXHIBIT 1
RESOLUTION NO. 3006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING TENTATIVE TRACT NO. 7483, AS DEPICTED IN EXHIBIT “A”
WHEREAS, Franmar Company, LP (5100 California Avenue Suite 201, Bakersfield, CA 93309), submitted a tentative tract map application to the City of Shafter to subdivide 16.88 acres (gross) into 84 single-family residential lots and 1 public access lot within the adopted Marcona Preserve Specific Plan; and
WHEREAS, Franmar Company, LP (5100 California Avenue Suite 201, Bakersfield, CA 93309), is requesting approval of Tentative Tract No. 7483 on that certain property in the City of Shafter as shown in Exhibit “A”; and
WHEREAS, the Planning Commission did, on December 10 approve Resolution No. 24-455; a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve Tentative Tract No. 7483 with conditions of approval; and WHEREAS, the City Council, through the City Clerk, did set Tuesday, January 07, 2025, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title 16 of the Shafter Municipal Code; and
WHEREAS, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457; and WHEREAS, the project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related actions (SCH No. 2004101029) pursuant to Resolution No. 05-1738 and the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update for the adoption of the Marcona Preserve Specific Plan pursuant to Resolution 06-1813; and WHEREAS, the certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7483 and is consistent with the Marcona Preserve Specific Plan and approved alterations thereof; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearing support the findings contained in this resolution; and WHEREAS, at said public hearing held on January 07, 2025, the proposed tentative tract map was duly heard and considered, and the City Council found as follows:
1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area, the mineral rights owner, and published in a local newspaper of general circulation at least 10 days prior to the hearing.
Shafter City Council Resolution 3006
January 7, 2025
2. The proposed tentative tract map is only proposing residential development consistent with the Marcona Preserve Specific Plan as amended. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related actions (SCH No. 2004101029) and the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update that was adopted for the Marcona Preserve Specific Plan per Resolution 06-1813.The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7483 within the Marcona Preserve Specific Plan area.
3. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act and with Title 16 (Subdivision Ordinance) of the Shafter Municipal Code. The proposed lots are in substantial conformance with the provisions of the Marcona Preserve Specific Plan and all lots have adequate and proper access to public streets, sanitary sewer, water lines, fire hydrants, drainage structures and utilities.
4. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Marcona Preserve Specific Plan.
5. Urban services are available for the proposed development. The project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the project will deliver utilities to the individual lots or parcels to be created.
6. The proposed subdivision (Tentative Tract No. 7483), together with the provisions for its design and improvement, is consistent with the City of Shafter General Plan.
The proposed density and intensity of development are consistent with the Marcona Preserve Specific Plan. Proposed road improvements are consistent with the Circulation Program. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular meeting on the 7th day of January 2025, hereby approves Tentative Tract Map No. 7483 (Exhibit “A”), as described above and shown in Exhibit “A”, with conditions of approval as shown in Exhibit “B”.
Shafter City Council Resolution 3006
January 7, 2025
PASSED AND ADOPTED THIS 7th DAY OF JANUARY, 2025.
_________________________________
Chad Givens, Mayor
ATTEST:
_________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
__________________________________
Marco A. Martinez, City Attorney
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LOT "C" OF LOT LINE ADJUSTMENT NO. 22-89, CERTIFICATE OF COMPLIANCE DOC. NO. 223032366, O.R. LONGHORN WAY DEXTER WAY WAGYU WAY GALLOWAY AVENUE SHORTHORN COURT BRAFORD COURT © COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED. 10/29/2024 Page 184 of 225
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1 EXHIBIT “B”
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 7483
GENERAL
1. The owner(s), project proponent(s), and/or applicant(s) (hereinafter referred to as “Developer”), solely at their cost and expense, shall defend, indemnify and hold harmless the City of Shafter (hereinafter referred to as “City”), its agents, legislative bodies, officers and employees regarding any legal or administrative action, claim or proceeding concerning approval of Tentative Tract No. 7483 and/or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act (hereinafter referred to as “CEQA”); or, at its election and in the alternative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City's reasonable approvals.
Developer shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bodies, officers and employees may be required to pay or otherwise pay because of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer’s obligations under these conditions of approval (hereinafter referred to as “Conditions”).
2. The Developer or the Developer’s engineer shall submit a list of all contractors and/or subcontractors performing work on this project to the City Administrative Services Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City of Shafter.
3. The following disclosure shall be given as part of transfer of properties: “All your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws.”
4. Until all portions of the tentative tract have been developed, all vacant and undeveloped land, not being actively farmed, shall be maintained in a weed-free and clean manner by the Developer/property owner. Should said property not be so maintained, the City shall notify property owner that the property is to be cleaned within thirty (30) days of receipt
2 of said notice. If property owner does not comply within the required time frame, City may then clear the land and bill the property owner for expenses incurred.
5. Unless a final map is recorded, this tentative tract shall expire twenty-four (24) months from the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, Developer, not less than sixty (60) days prior to the expiration date, shall submit to the City the applicable processing fees and a completed application requesting an extension of the map approval in accordance with the provisions of the Shafter Municipal Code and the Subdivision Map Act. PLEASE NOTE: This will be the only notice given for the above specific expiration date. The applicant is responsible for initiating an extension request.
6. All construction and development shall be consistent with the City of Shafter Marcona Preserve Specific Plan and Tentative Tract No. 7483.
PLANNING
7. Approved street names are as follows: Galloway Avenue, Longhorn Way, Dexter Way, Shorthorn Court, Wagyu Way, and Braford Court.
8. Only the street names or alternate street names that have been approved on the attached Tentative Tract Map shall be shown on the Final Map(s) for Tract No. 7483. If the Developer wishes to change the street names at any point in time, a street name change request will need to be submitted to the Shafter Planning Department and approved prior to changing or using any proposed street names.
9. If at any point the Developer wishes to make any changes to the approved tentative map contents as shown on the attached Tentative Map No. 7483, the Developer shall submit a Substantial Conformance application to the Planning Director for review and approval.
10. Approved access shall be provided for each lot in accordance with City standards.
11. The Developer/property owner shall be required to permanently maintain all landscaping, except for landscaping included in the Community Facilities District, including the replacement of any trees or shrubs that do not survive.
12. All roof-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as much as practical from view from public streets.
13. With the exception of model houses, as provided in Section 3.080, Chapter 3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until Tentative Tract No. 7483 has been recorded pursuant to the requirements of Title 16 (Subdivision Ordinance) and Title 17 (Zoning Ordinance) of the Shafter Municipal Code.
3 14. If Condition No. 155 is initiated by the Developer and executed by the City of Shafter, no building permit shall be issued until wet utilities have been installed, an all-weather surface roadway is completed on the subject property, and survey stakes or other form of temporary documentation will be provided for, and approved by the Building and Safety Inspector, to verify building location. Missing stakes or other temporary documentation will result in delays in inspection schedule.
15. Prior to recordation of the third phase of the final map, a six (6) foot tall solid masonry theme wall shall be constructed along the eastern project boundary adjacent to the FriantKern Canal from the south side of Phase 3, Lot 65 to the north side of Phase 3, Lot 59.
16. Prior to the recordation of the first phase of the final map, the Developer shall bond for a six (6) foot tall solid masonry block wall with pilasters from the south boundary of Lot 1 to the north map boundary along the west side of Jewetta Avenue North. Construction of the wall shall be complete prior to the issuance of the Notice of Completion for the first phase.
17. Prior to recordation of the third phase of the final map, a six (6) foot tall solid masonry wall shall be constructed along the common lot lines shared by the Public Access Lot (Lot “A”) with the Phase 3, Lots 65, 66, and 76, consistent with City of Shafter Development standards.
18. The following note shall appear on the final map and all grading and construction plans:
a. If during grading or construction, any plugged, abandoned, or unrecorded oil or gas wells are uncovered or damaged, the CalGEM shall be contacted to inspect and approve any remediation required.
b. If any abandoned water wells are located within the development or discovered during excavation or grading, the Kern County Environmental Health Services Department must be contacted to obtain information for the proper permitting and destruction procedures.
c. Building setbacks on lots with existing plugged wells shall satisfy the requirements of the CalGEM. If the recommended setbacks cannot be satisfied, the Developer shall submit, concurrent with the submittal for a building permit for the impacted lot, written confirmation from the CalGEM that the setback provided is acceptable.
19. Prior to initiating any grading or earthmoving within Tentative Tract No. 7483, the Developer(s) shall provide the City of Shafter with written confirmation from the San Joaquin Valley Air Pollution Control District (SJVAPCD) that the development follows the requirements of the District’s Rule 9510.
20. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions. Verification of compliance will be the responsibility of the City of Shafter Building Inspection Division.
4 21. The Developer of Tract No. 7483 shall comply with all San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements while grading and developing the site. It is the Developer’s responsibility to contact the SJVAPCD to determine with which District requirements and rules the Developer must comply.
22. Prior to commencement of any construction activity, the Developer shall provide to the City of Shafter written confirmation from the SJVAPCD confirming that any and all applicable off-site mitigation fees for the subdivision have been paid in full.
23. Prior to recordation of the first phase of Tentative Tract No. 7483, the Developer shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved and required by the City, which shall provide for a minimum square footage of residential units within the subdivision, and which shall provide for payment of park fees, traffic fees and/or other fees established by the City. Park fees collected by the City shall be on behalf of North of the River Recreation and Park District.
24. All utilities shall be designed and constructed in such a way as to allow for them to be extended into any future residential development areas.
25. Developer shall ensure all existing electrical conduits, conductors, poles, guy wires, utility boxes, and all related surface and subsurface facilities between the solar field to the north and the PG&E substation to the south are not damaged by development activity except where allowed or approved by the utility owner, PG&E. Developer shall also ensure no portion of the easement for said utility is located within any residential lot boundary.
26. Lot “A” shall be dedicated to the City of Shafter with the third phase final map of Tract No. 7483. Lot “A” shall fully contain the following:
a. A twenty-five (25) foot wide pedestrian easement on and along the west right-ofway line of the Friant Kern Canal needed to connect the residential development to the future Friant-Kern Bike Trail.
27. The phased Final Maps to be submitted for Tract No. 7483 must match the phasing shown in the approved Tentative Tract Map or any approved alterations thereof. The contents of each phased Final Map must be in substantial conformance with the contents of the approved Tentative Tract Map or any approved alterations thereof.
28. If during development activities, any wells are encountered, the property owner is expected to immediately notify the CalGEM construction site well review engineer in the Inland district office, and file for Division review an amended site plan with well casing diagrams. The District office will send a follow-up well evaluation letter to the property owner and local permitting agency.
29. On all corner lots and/or reverse corner lots within the tract, fences/walls shall not be located within the first 5 feet of the Public Utility Easement behind the street side yard
5 and front-yard property lines. A note stating this must be included on all site plans during building permit review. The City will not permit walls nor fences to be built within the first five (5) feet of the PUE dedication on the side-yard of corner/reverse corner lots.
30. The design of all houses proposed to be built by the Developer/Home Builder(s) within Tract 7483 must be in substantial conformance with the Marcona Preserve Specific Plan Chapter 5: Design Guidelines.
31. The Developer/Home Builder of Tract 7483 shall use a variety of floor plans and building elevations within the residential tract as required in the City of Shafter Zoning Ordinance Table 2.B (Residential Floor Plan and Elevations Guidelines). Floor plans and elevations will be subject to the review and approval of the Shafter Planning and Building Departments. The Developer/Home Builder shall plot alternative floor plan types and/or elevation styles on contiguous lots within Tract 7483.
32. The drive approaches on the following lots shall be installed as specified:
a. Lot 1 and Lot 34 – north side on Longhorn Way
b. Lot 30 – south side on Longhorn Way
c. Lot 29 – east side on Galloway Avenue
d. Lot 27 – west side on Galloway Avenue
e. Lot 16 and Lot 26 – south side on Dexter Way
f. Lot 21 and 22 – north side on Dexter Way
g. Lot 35 – east side on Ponderosa Avenue
h. Lot 39 – west side on Ponderosa Avenue
i. Lot 40 and Lot 46 – south side on Shorthorn Court
j. Lot 72 and Lot 79 – south side on Wagyu Way
k. Lot 71 – south side on Braford Court
l. Lot 78 – east side on Ponderosa Avenue
m. Lot 75 and 84 – north side on Wagyu Way
BUILDING
33. Prior to issuing a certificate of occupancy for any building, building address(es) shall be permanently installed and be clearly visible from the street.
34. No final inspection or issuance of a certificate of occupancy shall be approved for any lot, until all necessary improvements have been completed by the Developer and accepted by the City Engineer.
35. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any Certificate of Occupancy. The Developer can also elect to pay all applicable fees at the time of each building permit’s issuance.
6 36. Developer shall comply with the latest California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits.
37. Prior to issuance of each building permit for houses within Tract No. 7483, Developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the approved floor plan layout and building elevation, including exterior building materials and colors, for each of the single-family residences to be constructed within Tract No. 7483. The siting of each structure on the site plans must comply with the applicable lot development standards and regulations found in Chapter 4 of the Marcona Preserve Specific Plan.
38. Private drives constructed of Portland cement concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each home.
39. A landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the Planning Director. Said approved landscape and irrigation plan shall be implemented prior to receiving a final inspection for any house constructed within the subdivision. All landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards. Landscaping shall include an irrigation system for both the front-yard and the street side-yard (where applicable) provided the street side-yard is not obscured from sight from an adjacent street by fencing, for each lot within the subdivision. Landscaping shall comply with current State guidelines for residential landscaping.
40. Fiber Optic Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic requirements:
a. Install a Dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure (collectively “Utility Enclosure”) for the proposed communications utilities (phone, cable, fiber, etc.). The enclosure type shall be Benner-Nawman 14326W-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, 15-amp convenience receptacle inside the enclosure mounted on either side of the wall. A surge-protected receptacle must be installed or verification that an equivalent surge protection device (SPD) has been installed as an integral part of the service equipment or located immediately adjacent to the service equipment to be in accordance with article 230.67 of the California Electrical Code.
b. Install a wireless-transparent Structured Media Enclosure (“Media Enclosure”), such as models: Legrand 30” ENP3050, Legrand 42” ENP4250, Leviton 30” 49605-30W, Primex Verge 30” P3000, 42” Primex Verge P4200, or as approved by the City. The Media Enclosure shall be installed in the wall of a master bedroom closet or a laundry room furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch clearance above any metallic appliances or
7 accessories. The Media Enclosure shall include one 120-volt, 15-amp convenience receptacle located inside the enclosure.
c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one (1) 1-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures. The conduit shall be marked with orange Tyvek or plastic tags, labeled “City Fiber Use Only”, 661-746-5000”, tie wrapped to the conduit in plain view within the enclosures.
d. Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right-of-way (“Distribution Enclosure”) to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36- inches below grade, protrude a minimum of 12-inches into the Utility Enclosure, be orange in color, and be factory labeled “City of Shafter 661-746-5000”. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter representative before shading and backfilling.
i. After backfilling, polyester cable pulling tape (Muletape), or equivalent, shall be installed in all conduit paths between the Distribution Enclosure and the Utility Enclosure. Mule tape shall be slack (no tension) and fastened to the plug or cap. ii. Couplings shall be used to repair damaged or short-length conduit only if approved by the City. Conduit couplings shall be an air-tight, water-tight, pushon compression fitting approved by the City. Tracer wire couplings shall be airtight, water-tight, twist on or compression connector approved by the City.
Coupling integrity shall be inspected by a City of Shafter representative. e. Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable (or as approved by the City) shall be installed according to industry standards and the requirements below, and shall not be pinched, stapled, bent sharply, or crossing any sharp, unprotected edges. a. Install a minimum of two (2) cables from the Utility Enclosure to the Media Enclosure.
ENGINEERING
41. Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer.
The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.
42. Acceptable traffic control, including signs and personnel, shall be utilized whenever construction of required improvements requires the contractor to work within existing vehicular paths of travel. If determined necessary by the City Engineer, the contractor shall include provisions to allow for pedestrian traffic through or past the construction site. The latest edition of Caltrans Manual on Uniform Traffic Control Devices shall be
8 the standard for all construction related traffic control.
43. Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project.
44. A ten (10) foot public utility easement, as shown on the tentative map, shall be provided in the front of all lots and on the street side of all corner lots/reverse corner lots as requested by the utility companies and the City Engineer. Easements shall be granted with the subject phase final map. Easements must also be shown on individual site plans during building permit application review.
45. Pedestrian easements shall be provided wherever sidewalks and other public walking paths are to be constructed outside the proposed public rights-of-way. The minimum width of the pedestrian easements shall be one (1) foot.
46. Easements to be given to the City or any other public utility agency for, sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property without prior approval of the City Engineer.
47. Any above-ground utility cabinets or facilities to be located within the road right-of-way or public utility easement shall be permitted only upon approval by the City Engineer.
Such approval will be made in writing, upon written request of the Developer and/or the affected utility company.
48. Any obstructions including utilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the Developer.
49. No final inspection shall be approved until all required improvements have been completed by the Developer and accepted by the City of Shafter.
50. All new utilities shall be underground service.
51. During construction, vehicular access points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust during periods of vehicular activity and/or windy conditions and tracking of mud and dirt on public roadways.
52. Prior to the issuance of a Certificate of Occupancy on any lot of Tract No. 7483, all required improvements shall be completed and accepted by the City of Shafter. Required improvements shall be those improvements necessary to provide adequate City Services to the subject lot as determined by the City Engineer. Additional improvements outside the affected project boundary may be required for orderly development as determined by the City Engineer.
53. All improvements shall be complete within one (1) year from the date of filing of the
9 final map for the development, unless a time extension is granted by the City Engineer.
The timing of improvements shall be subject to approval of the City Engineer.
54. Type and location of centralized mail delivery units shall be determined by the postal service. If the postal service requires special easements for the placement of the delivery units, then said easements shall be shown on the final map.
55. Access to and from the existing solar plant through the main gate on the south side of the facility shall not be restricted or prevented by development activities.
56. All road, landscaping, trail, sidewalk, block wall, and multi-use walkway improvements, required by and consistent with Tentative Tract No. 7483 and the Marcona Preserve Specific Plan, shall be bonded by the Developer and approved by the City of Shafter prior to recordation of the subject final map phase. Wall plans, materials, and dimensions shall be consistent with the requirements of the Marcona Preserve Specific Plan and Revised Tentative Tract No. 7483 and shall be approved by the City of Shafter prior to construction. Timing of improvements shall be subject to the approval of the City Engineer. Construction of all improvements shall occur prior to the issuance of the Notice of Completion for the subject phase unless stated otherwise in this Conditions of Approval document.
57. All landscaping, trail, sidewalk, block wall, and multi-use walkway improvement areas within the map boundary shall be dedicated to the City of Shafter with the recorded map for its respective phase. Areas located outside the tract map boundary shall be dedicated by separate instrument prior to, or concurrent with, recordation of the final map phase.
58. Developer shall place the entire subdivision within a new or add to an existing Community Facilities District (City CFD), prior to recordation of the first phase final map and prior to acceptance of improvements by the City of Shafter. The maintenance district shall be set-up to cover the cost of street lighting, drainage basin maintenance, landscaping maintenance, trail maintenance, as well as all administrative costs associated with the City of Shafter’s management of the district.
a. The Developer shall be required to cover the cost of street lighting, maintain all landscaping, park maintenance, including the replacement of any trees or shrubs that do not survive, within public right-of-way and landscape easements for a period of one (1) year after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. b. Developer shall be fully responsible for the formation, and formation cost of the City CFD, as directed by the City Engineer.
c. Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the streetlights until such time as the maintenance district is formed.
59. Engineered plans and building permits are required for all block walls greater than 6 feet in height.
10 60. Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted to and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
a. A combination of fiber optic conduits shall minimally include 4” SDR-11 HDPE, 2” SDR-11 HDPE, 1.25” SDR-11 HDPE, and 7-Way bundled HPDE innerduct with attached tracer wire. Fiber optic conduits may be joint-trenched with other utility company pipes and/or conduits.
b. All underground fiber optic conduits, innerduct bundles, etc. shall be factorylabeled “City of Shafter 661-746-5000”. Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
c. All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solid-conductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the endpoint enclosures.
d. The ends of all fiber optic conduits and innerducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. e. After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits ½-inch or larger shall require polyester cable pulling tape (Muletape) or equivalent installed. Polyester cable pulling tape (Muletape) shall be slack (no tension) and fastened to the plug or cap.
Innerducts shall be mandrel tested and are subject to inspection by a City of Shafter representative.
f. A combination of underground utility enclosures shall minimally include 36”W x 60”L x 36”D polymer concrete enclosures with dual torsion covers, 36”W x 36”L x 24-36”D and 24”W x 36”L x 24-36”D High Density Polyethylene (HDPE) enclosures.
g. All underground utility enclosures shall be factory-stamped “City Fiber”.
61. Prior to construction, all improvement plans and landscaping plans shall be approved by the City of Shafter.
62. If occupancy of Tract 7483 occurs before the lots south of Ponderosa Avenue, and if the Developer of tract 7244 has not installed the stop sign on westbound Ponderosa Avenue at the Jewetta Avenue intersection, then the Developer of Tract 7483 shall install a westbound stop sign at the intersection of Jewetta Avenue North and Ponderosa Avenue.
63. The side-yard fences running parallel to local streets shall consist of a masonry block wall, or other material as approved by the City Engineer, topped with a wooden fence.
11 The block wall shall be designed to retain earth where necessary. Sufficient area behind the sidewalk shall be provided to accommodate the installation of community mailboxes, where required by the US Postal Service.
64. All phased final subdivision maps proposed for recordation shall be in substantial conformance with the approved tentative map or any approved alterations thereof.
65. If the subdivision is to be phased, additional improvements for circulation shall be provided as required by the City Engineer.
ENGINEERING: GRADING & DRAINAGE
66. Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be submitted to and approved by the City Engineer. A master grading plan shall be submitted and approved for Tract No. 7483. Future development plans shall be based upon the approved master plan. Any deviation from the approved master plan will require the approval of the City Engineer.
67. The drainage/hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval.
The study shall demonstrate that any potential run-off will not impact surrounding properties. The study shall focus on the project property and any affected adjacent properties.
68. Developer shall review the existing grading for the solar plant constructed to the north to ensure to the Developer’s satisfaction that drainage from the existing solar site will not negatively impact finished lots or improvements within Tract No. 7483.
69. A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
70. A grading permit shall be obtained from the City prior to commencement of any grading activity.
71. Prior to issuance of a building permit, the Developer shall file a “Rough Grade Certificate” with the City in accordance with the City Engineering Design Standards.
Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certificate stating that the rough grade is in substantial conformance with the approved grading plan and Chapter 15.28 of the Shafter Municipal Code. Developer to obtain “Rough Grade Certificate” form from the City.
72. Prior to final approval, acceptance of work, or issuance of Certificate of Occupancy, the
12 Developer’s engineer shall file a “Final Grade Certificate” stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate form from the City.
73. The location and frequency of soils compaction testing shall be per the City Engineer.
Soils compaction testing shall be provided by the Developer.
74. Minimum slopes across any flat surface shall be 1%. For slopes less than 1%, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, underground storm drain, or similar drainage structure.
75. All building pads shall provide a minimum of 2% slope away from each house to an earth swale, and a minimum of 1% from the highest point in the swale to the street. A fourinch landscape drain may be used to replace the earth swale. The minimum pad height shall be twelve (12) inches plus 2% slope from the lowest adjacent flowline of the street.
76. Street side corner lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal: 1 vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
77. Wood retaining structures shall not be approved. Developer shall use masonry, keystone, concrete, or other approved material.
78. Engineered off-site drainage plans for Tract No. 7483 shall be submitted to and approved by the City of Shafter prior to recordation of the first phase final map. The approved drainage facilities shall be constructed and approved by the City of Shafter prior to issuance of building permits.
79. The Developer shall provide a drainage report and calculations showing where the runoff from Tract 7483 is directed to. If required, the developer shall dedicate an on-site sump to handle runoff generated from within the subject Tract. The area used for the drainage sump shall be fenced and screened in a manner approved by the City Engineer and consistent with the requirements of the Marcona Preserve Specific Plan. The fence is to enclose the entire sump. Masonry wall (or equivalent) conforming to City standards shall be built for all portions of the perimeter fence viewable from the street or adjacent lots.
A lockable privacy gate, concrete driveway, access easements, and drainage easements shall be provided for access and storm drain lines to the drainage sump as required by the City Engineer. At the option of the City Engineer, a landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the City Engineer. Said approved landscape and irrigation plans shall be implemented prior to issuance of any building permit for the development. At the option of the City Engineer, in lieu of the above, the area between the right-of-way line and the setback line from the lots containing the sump shall be dedicated to the adjacent lots, and the landscaping usually required for the sump lot shall belong to the lots adjacent to the sump.
13 80. The number and location of street-based siphons and cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0.6%.
81. All storm drain pipes and manholes shall be installed with the street paving. Catch basins shall be installed per City standards.
82. Grading onto adjacent property shall not be done without written permission from the adjacent property owner.
83. The Office of the City Engineer shall be notified 24 hours in advance of the placement of any fill material.
84. Fill and/or import material shall be subject to the approval of the soils engineer.
85. Developer is responsible for the grading of lot pad areas to within 0.1-foot of the design elevations.
86. All areas in the site on which structures are to be placed must be compacted to 90% relative density, or as required by the soils report and with concurrence of the City Engineer, for a minimum distance of 5 feet in all directions from the foundations of the structure.
87. All fill material shall be moisture conditioned to at least 2% above optimum moisture and compacted to 90% relative density, or as required by the soils report and with concurrence of the City Engineer, as determined by test methods referenced in Chapter
15.28 of the Shafter Municipal Code, and so certified by test and report from the soils engineer.
88. The design engineer shall exercise sufficient supervisory control during grading operations to ensure compliance with the plans, specifications, and code within his purview.
89. The placement of fill shall be in 6-inch maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically recommended otherwise in the preliminary soils report.
90. Compaction in proposed pavement areas should be per City standards and should extend to a minimum distance of 2-feet beyond the outside edges of pavement.
91. All cut and fill slopes shall not be steeper than 2 horizontal to 1 vertical.
92. All fill areas to be cleared of all vegetation and other unsuitable materials for a structural fill and the areas shall be scarified to a depth of 6-inches, unless specifically noted otherwise in the preliminary soils report.
14 93. All slopes in excess of three (3) feet shall be prepared and maintained to control against erosion.
94. Grading work shall be supervised as engineered grading in accordance with Chapter
15.28 of the Shafter Municipal Code.
95. During grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the project boundary.
96. Developer’s attention is directed to the provisions of the SJVAPCD’s Regulation VIII – Fugitive PM10 Prohibitions, which require the submission of a Dust Control Plan for certain construction projects. Developer shall comply with all applicable SJVAPCD rules and regulations including the submission of a Dust Control Plan as may be applicable.
Current SJVAPCD rules and regulations are available online at http://www.valleyair.org/rules/1ruleslist.htm.
97. Any temporary drainage basin serving the subdivision shall be surrounded with a chain link fence with privacy slats.
98. It shall be the Developer’s responsibility to prevent a dust nuisance from originating from the site of the work as a result of its operations. Preventative measures to be taken by the Contractor shall include, but shall not be limited to, the following:
a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
c. Temporary suspension of the work, either as a result of order by the Engineer or as a result of conditions beyond control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
ENGINEERING: WATER/FIRE
99. The Developer shall install two water systems for the project together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. One water system shall be developed exclusively for drinking or domestic water service. The other shall be for irrigation of lawns, parks, and common landscape area and be provided by either existing or new wells. Developer shall submit water improvement plans to the City Engineer and Oildale Mutual Water Company for review and approval. Developer shall construct the public water system in accordance with Subdivision Engineering Design Manual for the subject property. The dual water system shall be bonded for by the Developer and approved by
15 the City of Shafter and Oildale Mutual Water Company prior to recordation of the first phase final map. Construction of the water systems shall be completed prior to the issuance of the Notice of Completion for the first phase. 100. To the greatest extent possible, above ground air-vac or air release valves required by Oildale Mutual Water Company shall be located in public landscaping or natural trail areas and not along residential project frontages. This requirement is subject to the approval of Oildale Mutual Water Company.
101. To the greatest extent possible, wet utilities (sewer, water, storm drain) shall be installed between the flowlines on all streets.
102. Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the Developer from the Kern County Fire Department. Evidence of this Certificate of Approval shall be provided to the City prior to acceptance of the water system by the City. 103. Prior to installation, all water improvement plans shall be reviewed and approved by the Kern County Fire Department. The review includes hydrant locations and access into and out of the tract. A plan review permit, obtained from the Kern County Fire Department, must be applied and paid for prior to the review of any modified or new tract map. 104. Water line size, location, and materials shall be subject to the approval of the City Engineer. Minimum water line size shall be in accordance with the Subdivision and Engineering Design Manual.
105. Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer.
106. Whenever possible, the water system shall be looped to minimize dead ends. For cul-desacs greater than 330 feet in length, the water main shall be looped through the side lot lines of the lots near the end of the cul-de-sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision and Engineering Design Manual.
107. Separate dual water services shall be installed for each residential property. 108. No permanent structures shall be constructed over proposed or existing utility easements. 109. Prior to issuance of a building permit, water mains and fire hydrants to be installed by Developer shall be completed, tested, and accepted (CFC). 110. The Developer shall provide AWWA approved fire hydrants that comply with Kern County Development Standards (Clow 850 or equivalent).
16 111. The required fire hydrants shall be placed a maximum of 660 feet apart throughout the tract for firefighting purposes. Final hydrant locations shall be approved by the Kern County Fire Department prior to installation.
112. The Developer shall install reflective markers to identify hydrant locations pursuant to California Health and Safety Code 13060.
113. The required fire hydrants shall provide a minimum fire flow of 1,500 gallons per minute for two (2) hours with 20 PSI residual pressure, as determined by the Kern County Fire Department.
114. The water system for the required fire hydrants shall be looped, if practicable. 115. The Developer shall install the required water, access and street signs prior to issuance of any building permit.
116. A fire flow test shall be performed and approved by the Kern County Fire Department prior to issuance of any building permit and before any Certificates of Occupancy are issued. The Kern County Fire Department shall be contacted by the Developer for a fire flow test and approval prior to the commencement of construction. 117. All fire access roads to each parcel must meet specifications set forth in Section 503.2 of the California Fire Code and the applicable Appendix and Ordinance sections. 118. All new residential construction will require automatic fire sprinklers and shall meet all other fire requirements of the California Fire Code.
ENGINEERING: SEWER
119. No properties shall be served by a septic system.
120. Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individual services for the purposes of the development.
Developer shall submit sewer improvement plans to the City Engineer for review and approval prior to recordation of the first phase final map. Developer shall construct the public sewer system in accordance with the Shafter Subdivision Engineering Design Manual for the subject property.
121. All fees and costs necessary to connect to the sanitary sewer collection and treatment system shall be those in effect at the time the service connection is made. 122. Sewer line size, location, slope and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision and Engineering Design Manual.
17 123. Tie-ins to existing sewer mains, manholes, or other structures shall be constructed as directed by the City Engineer.
124. Sewer pipelines and manholes shall be installed within the proposed street paving of the development.
125. Separate sewer services shall be installed for each property. At no time shall sewer be joint trenched with water.
126. Sewer lines shall not be permitted in easements between the backyards or side-yards of residential lots.
127. No permanent structures shall be constructed over proposed or existing utility easements.
128. The Developer shall enter into a reimbursement agreement with the City of Shafter or Lennar Homes to pay towards the proportionate costs for construction of the sewer main along 7th Standard Road. Such reimbursement agreement shall be entered into by all applicable parties prior to recordation of the first phase final map.
ENGINEERING: STREET & TRAFFIC
129. Developer shall construct and provide rights-of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, walls, landscaping, streetlights, drive approaches, intersections, and other related improvements consistent with Tentative Tract No. 7483 and the Marcona Preserve Specific Plan. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include: Preliminary soils report with R-Value tests taken from proposed road locations, preliminary engineer’s estimate of construction costs; and plan check and inspection fees.
130. Additional rights of way easements or dedications necessary for street and/or public utility improvements located outside the tract boundary shall be granted to the City of Shafter prior to final map recordation of the subject phase. 131. The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvements shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual.
132. All local streets shall be developed as full-width streets in accordance with standards and specifications of the Marcona Preserve Specific Plan and the City of Shafter, as approved by the City Engineer. All local streets shall be fifty-two (52) feet full right-ofPage 203 of 225 18 way with forty (40) feet flowline to flowline.
133. Should a street transition to another street with a ninety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
134. Cul-de-sac and street knuckle dimensions and radii to conform to the Subdivision and Engineering Design Manual and/or as approved by the City Engineer. The use of offset cul-de-sacs shall be approved provided they meet the requirements of the City. 135. Street signs shall be installed per City standards as required by the City Engineer. 136. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the City Engineer.
137. During construction, the Developer shall maintain the project, including all adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings, and nighttime hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer. 138. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City’s Subdivision and Engineering Design Manual.
139. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb, or as specified by the Marcona Preserve Specific Plan. Transitions at intersections and wheelchair ramps shall be provided and installed per the City’s Subdivision and Engineering Design Manual.
140. Monument and monument covers shall be set per City Standards. 141. Temporary turnarounds, if required, including right-of-way, shall be granted, designed, and installed per the Subdivision and Engineering Design Standards. 142. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top or face of curb with a stamped “S”.
143. Street lighting shall be installed in accordance with the City Engineering and Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the streetlights are established under the LS2 rate schedule. 144. Secondary access easements shall be provided at the request of the City Engineer.
Within any given phase of development, secondary access easements and improvements
19 shall be provided in a manner approved by the City Engineer. Access roads shall be twelve (12) feet in width and shall consist of three (3) inches of Class II aggregate base over six (6) inches of native material compacted to 90% relative maximum density. 145. Waivers of direct access shall be dedicated and shown on each final map as approved on the tentative map, subject to change by request of the City Engineer. 146. Prior to the recordation of the first phase final map for tract 7483, the Developer shall enter into a reimbursement agreement with the City of Shafter or with Lennar Homes to reimburse the costs associated with the following:
a. The easterly half width improvements on Jewetta Avenue between Ponderosa Avenue and the northerly tract boundary of 7483; and
b. The northerly half width improvements (except 4-foot-wide pavement structural section) on Ponderosa Avenue between Jewetta Avenue and Wagon Way.
ENGINEERING: LANDSCAPING
147. Electrical Source for Landscaping:
a. Developer shall supply and install landscaping electrical services to power any and all required timers, solenoids, pumps, motorized equipment. Cabinets and meter pedestals shall be approved by the City of Shafter. Developer shall contract with Pacific, Gas & Electric the location of each pedestal and make all arrangements for them to deliver power at each location.
148. Water Source for Landscaping:
a. Landscaping water service point of connection shall be approved by the City Engineer. Water source shall be from the non-potable water system installed with the tract.
149. Landscaping Enclosure:
a. Landscaping timers, electrical service fuses, breakers, etc., shall be installed within a commercial grade landscaping enclosure.
b. Commercial grade landscaping enclosure shall be installed within the dedicated landscaping area adjacent to the water source and/or electrical source. c. Commercial grade landscaping enclosure shall be installed on a concrete foundation poured onto a minimum of six (6) inches of native subgrade compacted to 90% (or in accordance with manufacturer’s recommendations, whichever is more stringent).
d. Landscaping enclosure shall be provided with a 110-volt duplex electrical GFCI plug within the enclosure.
150. The Developer shall comply with all requirements for grading and erosion control, including the prevention of sedimentation or potential damage to off-site property.
20 151. Sleeves shall be placed under the proposed paving for landscape piping or low voltage electrical per the City Engineer.
152. Landscaping within the public access lot (Lot “A”) shall be approved by the City.
Separate plan sets shall be provided for the landscaping in Lot “A” and shall show locations of water and electrical services necessary to serve the landscaping and lighting needs of the areas.
153. Bollards or other effective vehicular obstructions shall be placed at the entrances of the pedestrian access easement (Lot “A”) from the east end of Ponderosa Avenue and south end of Braford Court.
154. Developer shall deed Lot “A” to the City of Shafter prior to issuance of the Notice of Completion for the third phase of Tract 7483.
ENGINEERING: SUBDIVISION IMPROVEMENT AGREEMENT
155. The Developer shall furnish the City of Shafter with acceptable security to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the City of Shafter Municipal Code and the State Subdivision Map Act. The Developer may enter into a subdivision improvement agreement with the City of Shafter for public improvements that are not completed at the time of Final Map approval. The subdivision improvement agreement must be approved by the City Council and recorded with the Kern County Assessor-Recorder.
2005 GENERAL PLAN UPDATE MITIGATION
156. If a special-status species is observed during the development of the tract, then a focused species survey shall be completed. If a special-status species is found to be present during the survey, then appropriate mitigation measures shall be implemented in compliance with applicable state and federal law and guidance.
157. If human remains are encountered during the development of the tract, then no further disturbance shall occur until the Kern County Coroner has determined the origin and disposed of the remains.
158. Standard construction activities shall be limited to between 7 am and 7 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City.
159. If pile-driving activities occurs during the development of the tract, then such activity shall be limited to between 8 am and 4 pm Monday through Friday and no construction shall be allowed on weekends or holidays without prior authorization by the City. 160. If existing neighbors are located within 300 feet of the tract boundary, then 30-day notice
21 is required prior to any pile-driving activities.
161. Signs shall be posted at the construction site that include permitted construction days and hours and a day and evening contact number.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: January 7, 2025
DEPARTMENT: Lance Lippincott, City Manager, Carol Chavolla, HR Director SUBJECT: APPROVAL AND ADOPTION OF THE NEPOTISM POLICY
RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and approve and adopt the Nepotism Policy to promote fairness, transparency, and accountability in employment practices, and to avoid conflicts of interest within the City of Shafter.
BACKGROUND
The proposed Nepotism Policy establishes clear guidelines to ensure that hiring, promotions, supervisory relationships, and other employment actions are free from undue influence or favoritism arising from familial relationships. This policy reflects the City's commitment to maintaining equitable and professional workplace practices while safeguarding against potential conflicts of interest.
Key provisions of the policy include:
• Restrictions on supervisory or reporting relationships involving family members. • Disclosure requirements for employees, applicants, and officials regarding familial relationships.
• Prohibition of undue influence in employment decisions. • Mechanisms for addressing and resolving conflicts arising from familial relationships, including transfers or reassignments.
• Confidentiality and anti-retaliation protections for disclosures.
This policy is aligned with best practices and supports the City's values of integrity, accountability, and transparency in its administrative functions.
FISCAL IMPACT
There is no fiscal impact on approving and adopting the Nepotism Policy.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines because the action is the approval and adoption of a policy and therefore, it is considered general policy and procedure making and not subject to CEQA.
APPROVAL AND ADOPTION OF THE NEPOTISM POLICY
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APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Nepotism Policy 2025 01 07
CITY OF SHAFTER
ADMINISTRATIVE POLICY
NEPOTISM
EFFECTIVE DATE: JANUARY 7, 2025
I. PURPOSE
The purpose of this policy is to promote fairness, transparency, and accountability in hiring and employment practices within the City of Shafter (“City”) to avoid conflicts of interest arising from favoritism, nepotism, or any undue influence on hiring, promotion, or supervisory decisions.
II. SCOPE
This policy applies to all employees, elected officials, and appointed representatives of the City, including full-time, part-time, temporary, and contract staff. It also applies to any candidates for employment with the City.
III. DEFINITIONS
A "familial relationship" includes but is not limited to:
Spouse or domestic partner;
Parent or legal guardian;
Child, stepchild, or ward;
Sibling, half-sibling, or step-sibling;
Grandparent or grandchild;
Niece or nephew;
In-laws (e.g., mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law);
Any other person who resides in the same household or is dependent on the employee or official.
"Nepotism" refers to the practice of giving preferential treatment in employment actions, including hiring, promotion, transfer, supervision, or retention, to an individual based on their familial relationship with a City employee, elected official, or appointed representative.
IV. POLICY
Employment Actions:
No individual will be hired, promoted, transferred, or retained in any position where they would directly or indirectly supervise, be supervised by, or work in the same department as a family member.
Employees or officials involved in the hiring process (e.g., selection committees, department heads, supervisors, etc.) must disclose any familial relationships with applicants for the position. Such employees must recuse themselves from the hiring or promotional decision-making process.
The City prohibits any attempt to influence employment decisions in favor of a family member or to exert pressure on other employees to hire or promote family members. Employment decisions are confidential and shall not be disclosed to family members employed by the City.
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EFFECTIVE DATE: JANUARY 7, 2025
Supervisory Relationships:
Family members may not work in positions where one has authority over or can influence the employment, compensation, or work assignments of the other. In cases where two employees become related after employment (e.g., through marriage or domestic partnership), one of the parties may be transferred to a different department or reassigned to avoid direct supervisory relationships or conflicts of interest. If such a transfer is not possible, one of the employees may be required to resign or accept a different position within the organization.
Elected Officials and Appointed Representatives:
Elected officials and appointed representatives of the City shall not participate in any decision that may directly or indirectly affect the employment status of a family member. Any elected official or appointed representative with a familial relationship to an employee or applicant must disclose this relationship and recuse themselves from the relevant decision-making process.
V. DISCLOSURE REQUIREMENT
All candidates must disclose known familial relationships on their employment application.
All current employees who have relationships, preexisting this policy, shall disclose it to Human Resources within five (5) business days from the implementation of this policy. Employees who develop relationships in conflict with this policy, after the implementation date, shall disclose the conflict within five (5) business days. Where there is a supervisory-subordinate relationship, the person in the higher-level position will bear the primary burden of accountability and must ensure that they do not exercise any supervisory or evaluative function (or does not remain in a position where they can influence the supervisory or evaluative function) related to the other person. Failure to disclose familial relationships shall violate this policy, and may result in disciplinary action, up to and including termination of employment.
VI. ROMANTIC RELATIONSHIPS, MARRIAGE OR DOMESTIC PARTNERSHIP Employees in a romantic relationship, marriage, or domestic partnership shall abide by the City’s Fraternization Policy.
VII. PROCEDURES
Upon disclosure of a familial relationship, the City Manager or his/her designee will review the situation to determine whether the relationship poses a conflict of interest, supervisory conflict, or other potential violation of this policy.
Correction measures may include a job transfer, removal of a supervisor, and mandatory recusal from certain employment decisions. In cases of severe or intentional nepotism, disciplinary action may include termination of employment.
NEPOTISM Page | 3
EFFECTIVE DATE: JANUARY 7, 2025
Transfer
If a familial relationship is identified where one employee supervises another or where two family members work in the same department with potential influence over each other’s work, the City Manager or his/her designee has the discretion to transfer one of the employees to a similar position in another department.
Although the wishes of the two employees will be considered, the City Manager or his/her designee retains sole discretion to determine which employee will be transferred based upon City needs in observance of this policy and/or in the promotion of supervision, safety, security, or morale. Any transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
Termination
If the continuation of employment for employees in a familial relationship cannot be accommodated in a manner the City Manager or his/her designee finds to be consistent with the City’s observance of this policy and/or in the promotion of supervision, safety, security, or morale, then the City Manager or his/her designee retains sole discretion to terminate one of the employees.
Absent the resignation of one employee, the less senior employee will be terminated. Any termination is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
VIII. CONFIDENTIALITY
The City will treat all disclosures as confidential to the extent permitted by law. However, in certain circumstances, the City may be required to disclose information to investigate and address potential conflicts of interest or violations of this policy.
IX. RETALIATION
Retaliation against any employee for disclosing a familial relationship or reporting a violation of this policy is strictly prohibited. Employees who believe they have been subjected to retaliation should report it to the Human Resources Department.
X. ENFORCEMENT
The City reserves the right to investigate situations in the workplace to determine if a familial relationship exists and if there is a violation of this policy. If the City determines that a prohibited relationship (as defined by this policy) exists and was not disclosed (as required by this policy), remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or termination, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy.
APPROVED AND ADOPTED this 7th day of January 2025.
___________________________________
Chad Givens, Mayor
NEPOTISM Page | 4
EFFECTIVE DATE: JANUARY 7, 2025
ATTEST:
___________________________________
Yazmina Pallares, City Clerk
NEPOTISM Page | 5
EFFECTIVE DATE: JANUARY 7, 2025
CITY OF SHAFTER
Familial Relationship Disclosure Form
This form is to disclose any familial relationships between employees, applicants, elected officials, or appointed representatives within the City of Shafter. This disclosure helps prevent conflicts of interest and ensures compliance with the City’s Nepotism Policy. All information submitted will be treated confidentially to the extent permitted by law. However, in certain circumstances, the City may be required to disclose information to investigate and address potential conflicts of interest or violations of this policy.
Employee Name: _________________________________ Department: ___________________ Title: ____________________________________ Supervisor Name: _____________________ Familial Relationship Information:
Name of Individual You Are Related To: ____________________________________________ Title of Related Individual: _______________________________________________________ Department: ___________________________________________________________________ Nature of Relationship:
(Check the appropriate box and specify if necessary)
Spouse or domestic partner
Parent or legal guardian
Child, stepchild, or ward
Sibling, half-sibling, or step-sibling
Grandparent or grandchild
Niece or nephew
In-laws (e.g., mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law)
Any other person who resides in the same household or is dependent on the employee or official.
Other (please specify):_____________________________________________________
NEPOTISM Page | 6
EFFECTIVE DATE: JANUARY 7, 2025
Details of Relationship:
Does this individual work in the same department as you? Yes
No
Do you have any supervisory or reporting relationship with this individual? (For example, do you supervise them, or do they supervise you?) Yes
No
If yes, please describe the relationship below:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Potential Conflicts of Interest:
Do you believe this relationship could create a potential conflict of interest? Yes
No
If yes, please describe the potential conflict below:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Attestation:
I, the undersigned, attest and confirm that I have disclosed all relevant familial relationships that may affect my employment or create a potential conflict of interest within the City. I also acknowledge that I have read, understood, and agree to comply with the City's Nepotism Policy and am responsible for promptly disclosing any changes in the nature or status of the familial relationship as required by the policy.
Furthermore, I understand that any violation of the Nepotism Policy may result in disciplinary action, up to and including termination of employment, depending on the nature and severity of the violation.
Employee's Signature: ________________________________ Date: ____________________
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: January 7, 2025
DEPARTMENT: Lance Lippincott, City Manager, Carol Chavolla, HR Director SUBJECT: APPROVAL AND ADOPTION OF THE BULLYING AND ABUSIVE
CONDUCT POLICY
RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and approve and adopt the Bullying and Abusive Conduct Policy to promote a respectful and professional workplace environment and establish clear procedures for addressing workplace bullying and abusive conduct.
BACKGROUND
The City of Shafter is committed to fostering a workplace culture that values respect, collaboration, and professionalism. To this end, the proposed Bullying and Abusive Conduct Policy explicitly prohibits workplace bullying and abusive behavior and outlines measures to promptly address such issues. This policy supplements the City’s existing policies on harassment, discrimination, and retaliation by focusing on harmful behaviors not necessarily tied to a protected class.
Key provisions of the policy include:
• A clear definition of bullying and abusive conduct, with examples to aid understanding.
• Procedures for reporting incidents, ensuring confidentiality, and addressing complaints effectively.
• Mandatory reporting obligations for supervisors and employees who witness or become aware of bullying behavior.
• Protections against retaliation for individuals reporting or participating in investigations of bullying.
• Enforcement and corrective actions, including disciplinary measures, as necessary.
Adopting this policy will strengthen the City’s commitment to maintaining a safe, productive, and inclusive workplace for all employees.
FISCAL IMPACT
There is no fiscal impact on approving and adopting the Bullying and Abusive Conduct Policy.
APPROVAL AND ADOPTION OF THE BULLYING AND ABUSIVE CONDUCT POLICY - 2 -
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines because the action is the approval and adoption of a policy and therefore, it is considered general policy and procedure making and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Bullying and Abusive Conduct Policy 2025 01 07
CITY OF SHAFTER
ADMINISTRATIVE POLICY
BULLYING AND ABUSIVE CONDUCT
EFFECTIVE DATE: JANUARY 7, 2025
I. PURPOSE
The City of Shafter (“City”) has zero tolerance for bullying and abusive conduct. This Policy supplements the City’s policy against Harassment, Discrimination, and Retaliation. This policy prohibits bullying and abusive conduct, and establishes reasonable steps to promptly eliminate such conduct.
II. SCOPE
This Policy applies to all employees regardless of rank or title, elected or appointed officials, interns, volunteers, and temporary or seasonal employees. This Policy applies at any time while on City property or whenever conducting City business, regardless of location.
III. BULLYING AND ABUSIVE CONDUCT
Bullying and abusive conduct include malicious conduct that a reasonable person would find hostile, offensive, and unrelated to the City’s legitimate business interests.
Bullying and abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance without a legitimate business purpose.
Bullying and abusive conduct are not limited to conduct based on a person’s protected classification.
Examples of bullying and abusive conduct include:
1. Use of disrespectful and devaluing language;
2. Persistent or constant criticism of an employee for the purpose of humiliating the employee;
3. Behavior that frightens, humiliates, belittles, or degrades, including criticism that is delivered with yelling or screaming;
4. Using confidential information to humiliate publicly or privately;
5. Withholding information that affects an employee’s performance;
6. Intimidating an employee through inappropriate personal comments, disparaging opinions, or criticism with no basis in fact;
7. Isolating an employee from other co-workers;
8. Purposefully excluding an employee from an essential work-related meeting;
BULLYING AND ABUSIVE CONDUCT Page | 2
EFFECTIVE DATE: JANUARY 7, 2025
9. Acts of intimidation or making threats against an employee;
10. Sabotage, or deliberately subverting, obstructing, or disrupting another person’s work performance; and
11. Spreading malicious rumors, gossip, or innuendo that is untrue.
IV. COMPLAINT PROCEDURE
1. The City cannot eliminate bullying and abusive conduct unless the City is aware of the situation. The City relies upon its employees to bring those concerns to the City’s attention so that it can take the necessary steps to correct the situation. Accordingly, any person who believes they have been subjected to bullying or abusive conduct or that another employee has been subjected to such conduct should promptly report the facts of the incident/incidents and the name(s) of the individual(s) involved to their immediate supervisor, any supervisor, Human Resources, or the City Manager.
2. The complaint should be as detailed as possible and must include details of the incident(s), names of individuals involved, and the names of any witnesses. Any supporting documentary evidence should be attached to the complaint. Employees will not be penalized in any way for filing a good faith complaint of potential bullying or abusive conduct.
V. REPORTING OBLIGATIONS
1. Supervisory Employees - Any supervisor who receives a complaint of bullying or abusive conduct, witnesses abusive conduct, or has any reason to believe that abusive conduct might have occurred in the workplace is required to report the conduct immediately to the Human Resources Department.
2. Non-Supervisory Employees - All other employees who observe or are advised about bullying or abusive conduct involving another employee must report the conduct to a supervisor, the Human Resources Department, or the City Manager.
VI. CONFIDENTIALITY
The City will take all reasonable steps available to maintain the confidentiality of all complaints of bullying and abusive conduct, as well as all information gathered during an investigation, to the extent possible. However, the City may disclose information on a need-to-know basis and where necessary to complete the investigation, respond to complaints, take remedial action, or where required by law.
VII. RETALIATION
No employee will be subjected to any form of retaliation for reporting an incident of bullying or participating in an investigation by the City or its representatives into allegations of bullying.
Additionally, all employees have a duty to cooperate in connection with any investigation.
BULLYING AND ABUSIVE CONDUCT Page | 3
EFFECTIVE DATE: JANUARY 7, 2025
VIII. CAUSES FOR DISCIPLINE
If the City Manager determines that a complaint violates this Policy, the City Manager shall take immediate and appropriate action consistent with the requirements of law, labor agreements, and any personnel rules or regulations pertaining to employee discipline.
APPROVED AND ADOPTED this 7th day of January 2025.
___________________________________
Chad Givens, Mayor
ATTEST:
___________________________________
Yazmina Pallares, City Clerk
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: January 7, 2025
DEPARTMENT: Marco Martinez, City Attorney
SUBJECT: DISCUSSION & DIRECTION REGARDING SALARY & BENEFITS FOR MEMBERS OF THE CITY COUNCIL PURSUANT TO SB 329
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; City Council review the information in this report and provide direction regarding changes to the salary and/or benefits provided to members of the City Council.
BACKGROUND
On June 29, 2023, Governor Newsom signed into law Senate Bill 329 (“SB 329”), which increased the maximum amount of salary that council members may receive. This legislation became effective on January 1, 2024, and was intended to increase the compensation schedule for council members in general law cities, which had not been adjusted since 1984. However, several charter cities have also used the provisions of SB 329 to guide council salary decisions.
SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families. Currently, Government Code section 36516 authorizes a city council to enact an ordinance to provide each member of the city council a salary, with a maximum limit based upon the population of the city in accordance with a specific schedule. Any increases in salary are also limited and cannot exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted.
SB 329 amends Government Code section 36516 to increase the maximum amount of salaries identified in the schedule. For example, for cities like Shafter, with a population of up to and including 35,000 people, the salary for each council member has been increased to $950 per month. However, no ordinance can be enacted or amended to provide automatic future increases in salary. Furthermore, it is important to note that pursuant to Government Code section 36516.5, any council salary increase may take effect only when at least one member of the council commences a new term.
Any retirement, health and welfare, federal social security benefits, or reimbursement for actual and necessary expenses are not included for purposes of determining salary under section 36516.
DISCUSSION & DIRECTION REGARDING SALARY & BENEFITS FOR MEMBERS OF THE CITY COUNCIL PURSUANT TO SB 329
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Shafter City Council Salary & Benefits
Section 4.06 of the Shafter Charter provides as follows:
“Council Compensation and Expenses: The Council may determine the salary and compensation of the Mayor, Mayor Pro Tem, and Council Members by ordinance, but no ordinance increasing such salary shall become effective until the commencement of the terms of Council Members elected at the next regular Council election. The Mayor, Mayor Pro Tem and Council Members shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office, such reimbursement to be made pursuant to a schedule of expenses adopted by the Council by resolution.”
Section 2.04. of the Shafter Municipal Code provides, in part, as follows:
“2.04.120. - Mayor and city council compensation.
A. Commencing the first day of the month immediately following certification of the results of the November 6, 2018, municipal election of the Shafter City Council and every first of the month thereafter, members of the city council shall receive the following compensation:
1. Three hundred dollars per month for the mayor.
2. Two hundred dollars per month for the mayor pro tem and every other member of the city council…
F. The mayor and council members shall not be eligible for any health insurance benefits; provided, however, that the mayor and council members shall be eligible for business travel accident plan benefits that are provided through the city's selfinsured risk management authority.” (A complete version of SMC 2.04.120 is attached).
Discussion of Potential Salary & Benefits Changes
1. Salary. As noted above, the current salary schedule provides $300 per month for the Mayor and $200 per month for the Mayor Pro Tem and each councilmember. The Council should discuss whether these salary amounts are appropriate, given the recent changes made by SB 329 and whether these should be used as a guide for council salary. It should be noted that pursuant to the City Charter, any salary increase becomes effective upon the commencement of terms at the next municipal election (December of 2026).
2. Benefits. Currently, the Council does not receive health or retirement benefits.
Further, pursuant to the Charter, the Council can (only) receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office. The Council should discuss whether it wishes to provide health and retirement benefits similar to the benefits provided to rank and file employees. Currently, these include:
A. Public Employee Retirement System Benefits (PEPRA (Misc.) Member).
Employer Normal Cost Rate: Pays 7.87% of salary;
DISCUSSION & DIRECTION REGARDING SALARY & BENEFITS FOR MEMBERS OF THE CITY COUNCIL PURSUANT TO SB 329
- 3 -
Member Contribution Rate: Pays 7.75% of salary.
[Vesting occurs with five years of service time]
B. Health Insurance Benefits
[AFLAC benefits available for purchase. This includes FSA. Employees may contact the AFLAC representatives for the cost of the benefits.] C. Life Insurance Benefits.
Life insurance benefits are provided through Principal Financial Group Life Insurance Company. The City pays 100% of the insurance premium cost for coverage for the employee, spouse, and dependents. The employee death benefit is equivalent to the annual base salary plus $17,000. The spouse death benefit is $5,000. The dependent death benefit range is $1,000-$1,500.
D. Auto/Technology Allowance Benefits. Although some cities provide monthly stipends for auto use or technology reimbursement, the City Charter limits compensation of these to “actual and necessary expenses incurred in the performance of… duties of office…” Thus, payment of a flat monthly amount is not possible.
Changes to Council benefits would become effective upon the effective date of the ordinance adopting the changes.
FISCAL IMPACT
The fiscal impact will depend on the salary amount and/or benefits that the City Council directs to be amended.
DISCUSSION & DIRECTION REGARDING SALARY & BENEFITS FOR MEMBERS OF THE CITY COUNCIL PURSUANT TO SB 329
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CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. SMC 2.04.120
2.04.120. Mayor and city council compensation.
A. Commencing the first day of the month immediately following certification of the results of the November 6, 2018, municipal election of the Shafter City Council and every first of the month thereafter, members of the city council shall receive the following compensation:
1. Three hundred dollars per month for the mayor.
2. Two hundred dollars per month for the mayor pro tem and every other member of the city council.
B. The compensation set forth herein shall be paid without regard to the number of city council meetings attended by the mayor, mayor pro tem, or council members.
C. The mayor, mayor pro tem and council members may waive their own compensation on an annual basis by giving written notice to the city manager after December 1 and prior to December 31 in the year immediately preceding the year for which compensation will be waived. For members appointed or elected to serve less than a full four-year term those members must give written notice of waiver no later than administration of the oath of office.
D. 1. The mayor, mayor pro tem, and each council member shall also receive a daily salary for meals and incidentals when traveling for city-related business. The amount of such daily salary shall be set by Ordinance 06-587. The daily salary shall be treated as wages, and will be subject to state and federal income and employment tax withholdings.
2. Notwithstanding, Section 2.04.120.D.1, if the mayor, mayor pro tem, or a council member has made an annual election to waive his or her monthly salary, pursuant to Section 2.04.120.C, he or she shall not receive a daily salary for meals and incidentals when travelling for city-related business. Instead, he or she shall submit his or her expenses for meals and incidentals incurred while travelling for city-related business pursuant to the terms of Resolution 2640 (or its successor). Such reimbursements will not be treated as wages because they are made pursuant to an accountable plan.
E. The compensation set forth herein is exclusive of any amounts payable to the mayor and each member of the city council for reimbursement of actual and necessary expenses incurred for city-related business.
F. The mayor, and council members shall not be eligible for any health insurance benefits; provided, however, that the mayor and council members shall be eligible for business travel accident plan benefits that are provided through the city's self-insured risk management authority.
(Ord. No. 707, § 3, 10-2-2018; Ord. No. 711, § 3, 3-5-2019)