Agenda packet — Shafter City Council, December 16, 2025 (part 2 of 3)

The Refuse Fund is part of the city's Enterprise Funds, which means it is funded by fees paid by residents and businesses for trash collection and waste disposal services, rather than tax dollars. However, refuse operations within the City Core area are now outsourced to American Refuse, while services in the Gossamer Grove area are handled by Varner Brothers. These service providers are responsible for collecting and disposing of waste eƯiciently, ensuring a clean and well-maintained community.

Refuse Fund Operating Revenues/Expenses
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
Operating Revenues 1,979,315 617,710 31.2% 585,907 5.4% 31,803 11.0% Labor Costs 70,265 30,708 43.7% 48,593 -36.8% (17,885) -15.1% Planned Operations 1,831,837 732,074 40.0% 719,350 1.8% 12,724 29.4% Utilities 38,230 14,876 38.9% 14,996 -0.8% (120) 63.4%
Internal Charges - 76 0.0% 60,872 -99.9% (60,796) -100.0% Debt - - 0.0% - 0.0% - -100.0%
Operating Expenses 1,940,332 777,734 40.1% 843,811 ($66,077) -7.8% 12.0% Operating Income (Loss) $38,983 ($160,024) -410.5% (257,904) 97,880 -38.0% 1.0% The City of Shafter provides public transportation through its Dial-A-Ride program, a convenient, on-demand service that helps residents travel within the community. Riders pay a modest fee, while most the program’s operating costs are covered by subsidies from federal and state grants, including Section 5311, TDA (Transportation Development Act), LCTOP (Low Carbon Transit Operations Program), and other funding sources. The City is committed to sustainability, with most of its fleet being fully electric, reducing emissions and promoting cleaner transportation for the community.

Public Transit Fund Operating Revenues/Expenses
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
71-Fees for Service 43,794 1,377 3.1% 23,484 -94.1% (22,107) -0.4% 77-Grants & Donations 769,756 13,332 1.7% 124,347 -89.3% (111,015) 18.1% 78-Other Revenue - - 0.0% - 0.0% - 0.0%
79-Transfers-In - - 0.0% - 0.0% - 0.0%
Total Revenues 14,709 813,550 1.8% 147,831 -90.1% (133,122) 15.9% Labor Costs 458,952 185,808 40.5% 125,007 48.6% 60,801 10.0% Planned Operations 46,426 73,997 159.4% 16,676 343.7% 57,321 6.2% Utilities 26,000 6,931 26.7% 5,512 25.7% 1,419 11.7%
Internal Charges 178,480 59,496 33.3% 78,020 -23.7% (18,524) 11.5% Debt - - 0.0% - 0.0% - -100.0%
Operating Expenses 709,858 326,232 46.0% 225,215 $101,017 44.9% 10.0% Operating Income (Loss) 103,692 (311,523) -300.4% (201,731) (109,792) 54.4% -334.8%

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The City of Shafter has developed an advanced fiber network to provide high-speed internet access to the community. This network is funded through the Telecommunications Fund, which has been operating at a loss. To improve financial sustainability, the City is planning to partner with a service provider to expand services and attract more customers. With the help of grant funding, this partnership is expected to increase customer adoption and eventually generate positive operating income, ensuring the long-term success of the network.

Telecommunications Fund Operating Revenues/Expenses
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
71-Fees for Service 156,651 90,536 57.8% 93,322 -3.0% (2,786) 6.3% 75-Rents & Concessions - - 0.0% - 0.0% - 0.0%
76-Investment Earnings - - 0.0% - 0.0% - 0.0%
77-Grants & Donations - - 0.0% - 0.0% - 0.0%
79-Transfers-In
Total Revenues 90,536 156,651 57.8% 93,322 -3.0% (2,786) 0.0% Labor Costs - - 0.0% - 0.0% - 0.0%
Planned Operations 430,557 527,602 122.5% 33,680 1466.5% 493,922 -11.4% Utilities 17,500 6,010 34.3% 6,442 -6.7% (432) -3.1%
Internal Charges 172,286 57,428 33.3% 69,376 -17.2% (11,948) 11.6% Debt - - 0.0% - 0.0% - -100.0%
Operating Expenses 620,343 591,040 95.3% 109,498 $481,542 439.8% -1.1% Operating Income (Loss) (463,692) (500,504) 107.9% (16,176) (484,328) 2994.1% -234.6%

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The Rail Operations Fund has experienced year-over-year operating losses, but the City of Shafter is taking steps to improve its financial outlook. The City is in the process of finalizing a long-term lease agreement with The Wonderful Company, which is expected to generate steady revenue. Over time, this agreement should help reduce the fund’s accumulated deficit and put rail operations on a more sustainable financial path.

Rail Operating Revenues/Expenses
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
71-Fees for Service 15,150 - 0.0% - 0.0% - 0.0%
75-Rents & Concessions 60,600 - 0.0% - 0.0% - -100.0%
76-Investment Earnings - - 0.0% - 0.0% - 0.0%
77-Grants & Donations - - 0.0% - 0.0% - 0.0%
79-Transfers-In
Total Revenues - 75,750 0.0% - 0.0% - -100.0%
Labor Costs 16,272 8,893 54.7% 20,040 -55.6% (11,147) -12.7% Planned Operations 30,906 156 0.5% 708 -78.0% (552) -40.2% Utilities 3,520 801 22.8% 1,029 -22.2% (228) -0.4%
Internal Charges - - 0.0% 36,240 -100.0% (36,240) 6.3%
Debt - - 0.0% - 0.0% - -100.0%
Operating Expenses 50,698 9,850 19.4% 58,017 ($48,167) -83.0% -8.4% Operating Income (Loss) 25,052 (9,850) -39.3% (58,017) 48,167 -83.0% 2.4%

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Special districts are areas within the City of Shafter where property owners pay dedicated fees to help maintain specific services and improvements in their neighborhoods. These districts include:

LLMD (Lighting, Landscaping, and Maintenance Districts) – These districts fund the upkeep of streetlights, landscaping, parks, and public spaces to ensure they remain clean, safe, and visually appealing. Property owners within these districts contribute through annual assessments.

CFD (Community Facilities Districts) – Also known as Mello-Roos districts, these fund a wider range of public infrastructure and services, such as roads, schools, emergency services, and parks. They are typically created for new developments, with property owners paying a special tax to support the improvements.

These districts ensure that specific areas receive the necessary maintenance and improvements without impacting the city’s general budget.

Special Districts Operating Revenues/Expenses
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
70-Taxes 990,917 5,468 0.6% 10,537 -48.1% (5,069) 13.3% 76-Investment Earnings - 8,758 0.0% 3,800 130.5% 4,958 14.1% 79-Transfers-In - - 0.0% - 0.0% - 0.0%
Total Revenues 14,226 990,917 1.4% 14,337 -0.8% (111) 3.9% Labor Costs - - 0.0% - 0.0% - 0.0%
Planned Operations 544,277 124,305 22.8% 159,021 -21.8% (34,716) 3.9% Utilities 155,450 63,953 41.1% 60,480 5.7% 3,473 18.3%
Internal Charges - - 0.0% - 0.0% - 0.0%
Transfers-Out - - 0.0% - 0.0% - 0.0%
Operating Expenses 699,727 188,258 26.9% 219,501 ($31,243) -14.2% 5.9% Operating Income (Loss) 291,190 (174,032) -59.8% (208,964) 34,932 -16.7% 25.9%

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The City of Shafter manages special revenue funds, which are made up of grants, state and federal funding sources like TDA (Transportation Development Act), gas tax, and SB1, as well as local funding such as impact fees. These funds are specifically designated for certain uses and cannot be spent on general city operations. The City combines these funds with local matching dollars to invest in capital projects, such as infrastructure improvements, road maintenance, and other community enhancements. This report provides a budget-to-actual summary, showing how much funding was allocated and how much has been spent on these projects.

Special Revenues & Capital Projects
Account Category
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
70-Taxes 985,860 387,217 39.3% 380,041 1.9% 7,176 6.7%
71-Fees for Service - - 0.0% - 0.0% - 73.4%
72-Connection/Impact Fe 7,041,300 3,424,112 48.6% 3,993,863 -14.3% (569,751) 15.1% 73-License & Permits - - 0.0% - 0.0% - 0.0%
74-Fines, Forfeitures, 26,785 - 0.0% 10,690 -100.0% (10,690) -0.7% 76-Investment Earnings 775,653 163,688 21.1% 146,633 11.6% 17,055 10.7% 77-Grants & Donations 11,918,500 200,002 1.7% 3,195,433 -93.7% (2,995,431) 22.0% 78-Other Revenue - - 0.0% - 0.0% - 0.0%
79-Transfers-In - - 0.0% - 0.0% - -10.1%
80-Operations -Internal 338,936 - 0.0% - 0.0% - -100.0% Revenues 4,175,019 21,087,034 19.8% 7,726,660 -46.0% (3,551,641) 13.6% Labor Costs - - 0.0% - 0.0% - 0.0%
Planned Operations 370,000 - 0.0% - 0.0% - 0.0%
Utilities - - 0.0% - 0.0% - 0.0%
Internal Charges - - 0.0% - 0.0% - 0.0%
Debt - - 0.0% - 0.0% - 0.0%
Capital Outlay 58,902 60,748 103.1% 372,668 -83.7% (311,920) 46.8% CIP 24,276,474 13,322,777 54.9% 3,390,356 293.0% 9,932,421 14.1% Transfers 3,000,000 - 0.0% - 0.0% - 26.7%
Expenses 27,705,376 13,383,525 48.3% 3,763,024 $9,620,501 255.7% 19.0% Operating Income (Loss) (6,618,342) (9,208,506) 139.1% (3,382,983) (5,825,523) 172.2% 8.8%

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The City of Shafter has four Internal Service Funds, which are used to support city operations by providing essential services to diƯerent departments.

These funds are not directly funded by residents but instead charge city departments for the services they provide. The four Internal Service Funds include:
 Facility Maintenance – Ensures city buildings and facilities are properly maintained and in good condition.  Vehicle Maintenance – Manages and repairs city-owned vehicles to keep them running eƯiciently.  Risk Management – Handles insurance, workplace safety, and liability issues to protect the city from financial risks.  Information Technology (IT) – Supports and maintains the city's technology infrastructure, including computers, software, and network systems.

These funds help the city operate smoothly by ensuring departments have the resources they need to serve the community eƯectively.

Internal Service Funds Operating Expenses
Department
25-26
Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19 to
25)
5100-Facility Maintenance 1,016,308 404,717 39.8% 316,078 28.0% 88,639 28.0% 5101-Vehicle Maintenance 233,707 89,380 38.2% 96,400 -7.3% (7,020) 0.6% 5102-Risk Management 1,456,049 1,054,332 72.4% 1,025,248 2.8% 29,084 -0.3% 5103-Information Technology 602,237 1,487,062 40.5% 508,351 18.5% 93,886 9.3% Grand Total 4,193,126 2,150,666 51.3% 1,946,077 $204,589 10.5% 6.1%

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As Shafter continues to grow, the city's fleet and equipment play a crucial role in maintaining essential public services. These assets—ranging from police vehicles and fire trucks to street sweepers, and construction equipment—help ensure the city operates eƯiciently and safely for residents and businesses.

What is a Fleet? A fleet refers to the collection of vehicles owned and operated by the city to support public services. This includes:
 Emergency Response Vehicles – Police cars and fire trucks that provide public safety and emergency assistance.  Public Works Vehicles – Street sweepers, dump trucks, and utility vehicles that maintain roads, sidewalks, and city infrastructure.  Parks and Recreation Vehicles – Mowers, utility carts, and trucks used for maintaining parks, sports fields, and community spaces.

The following table provides citywide capital expenses by department.

Citywide Fleet & Equipment
Account Category 25-26 Budget
25-26 YTD
Actual
25-26 %
of Budget
24-25 YTD
Actual YoY Change
YTD %
Change
Seven Yr
CAGR (19
to 25)
200-Police 660,164 634,894 96.2% 888,172 -28.5% (253,278) 30.2% 400-Public Works 100,000 50,076 50.1% 419,760 -88.1% (369,684) 39.3% 140-Administrative Services - - 0.0% - 0.0% - 0.0%
500-Information Technology 53,480 52,521 98.2% 379,669 -86.2% (327,148) 44.5% 300-Community Services - - 0.0% - 0.0% - -100.0%
405-Building 100,000 178,213 178.2% - 0.0% 178,213 -100.0% 210-Corrections - - 0.0% - 0.0% - -100.0%
100-City Council - - 0.0% - 0.0% - 0.0%
145-Planning - - 0.0% - 0.0% - -100.0%
110-City Manager - - 0.0% - 0.0% - -100.0%
000-Non-Departmental - - 0.0% - 0.0% - 0.0%
135-Human Resources - - 0.0% - 0.0% - 0.0%
120-City Clerk - - 0.0% - 0.0% - 0.0%
Total Citywide Fleet & Equipment 915,704 913,644 100.2% 1,687,601 ($771,897) -45.7% 29.0%

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The Capital Improvement Program (CIP) is a long-term plan that outlines major infrastructure projects a city or government plans to complete over several years. These projects include things like road repairs, new parks, public buildings, and water system upgrades. The CIP helps prioritize and budget for these big projects, ensuring the community's needs are met while managing financial resources wisely. It typically spans multiple years and is updated regularly to reflect changing priorities and funding availability.

CIP Category
FY Actual
20/21
FY Actual
21/22
FY Actual
22/23
FY Actual
23/24
FY Actual
24/25
FY YTD
Actual 25/26 Total
Streets 2,302,147 2,736,036 1,633,263 4,798,297 3,125,798 3,433,742 18,029,283 Water 1,534,492 1,278,889 1,211,899 1,608,122 2,412,627 301,477 8,347,505 Public Facilities 15,867 9,500 960 1,880,380 2,267,940 1,639,880 5,814,526 Parks 0 53,998 842,398 2,608,359 1,010,720 1,283,058 5,798,534 Sewer 517,426 919,098 459,940 687,444 1,580,196 839,885 5,003,989 Police 10,420 0 16,102 193,396 396,757 570,489 1,187,164 Other 934,134 70,253 2,000 157,782 2,971 0 1,167,141
General Gov 284,206 74,952 16,184 638,155 63,930 0 1,077,427 IT 0 0 0 149,840 337,170 0 487,010
Learning Center 0 0 0 8,711 142,726 13,363 164,800
Economic Dev 28,280 21,867 31,155 34,163 6,209 0 121,673 Grand Total $5,626,972 $5,164,592 $4,213,900 $12,764,649 $11,347,045 $8,081,894 $47,199,052

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1,767,886
64,977
2,119,811
274,424
1,516,884
706,953
489,597
1,265
838,620
298,105
3,372
0 500,000 1,000,000 1,500,000 2,000,000 2,500,000
Federal Grant
Gas Tax
General Fund
Road Maint & Rehab.

State Grants Projec
Traffic Mitigation
Tran. Dev. Act - St
Wastewater Connecti
Wastewater Operatio
Water Operations
Water Connection
YTD By Fund
The City of Shafter has maintained a general fund surplus in recent years, contributing to one of the healthiest reserve levels in the region. The City Council adopted the current budget as a balanced budget, ensuring fiscal responsibility. While we are now experiencing a sharp decline in sales tax revenue, projections indicate that we will still conclude the fiscal year with a surplus. This year-to-date budget update provides valuable insight into the City's financial status. For any questions or further clarification, the Finance Director is available for discussion.

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: NON-REPRESENTED FULL-TIME EMPLOYEES WAGES AND

RELATED BENEFITS AND BUDGET AMENDMENT

AUTHORIZATION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution No. 3052, a Resolution of the City Council of the City of Shafter authorizing wages and related benefits for Non-Represented Full-time Employees for the period of January 3, 2026, through December 31, 2026; and authorize a budget amendment in the amount of $104,000 for Fiscal Year 25/26.

BACKGROUND
The wages and related benefits for Non-Represented Full-time Employees are established by a resolution of the City Council that is set to expire on December 31, 2025. Shafter City Council Resolution No. 3052 authorizes wages and related benefits for Non-Represented Full-time Employees from January 3, 2026, through December 31, 2026. The updates to the resolution are as follows:
• Cost-of-Living Adjustment: Three percent (3%)
• Health Benefits: City to pay one hundred percent (100%) of medical, dental, and vision premiums on the base plans for employees and eligible dependents • Education Incentive Pay, Sick Leave Stay Well Bonus, Floating Holidays, and Work Period: Language clarification
• Uniform Allowance: Clarify that the uniforms provided for Public Works staff apply specifically to Public Works Operations Directors, Supervisors, and Managers
• Uniform Allowance: Memorialize that the City will provide two City shirts annually to all non-represented employees who are not already covered under an existing uniform provision
• Uniform Allowance: Increase the boot/jacket allowance from $300 to $450 and eliminate the voucher or reimbursement process, replacing it with an annual lump-sum payment issued once per fiscal year
• Overtime Eligibility Requirements: Not include sick leave as hours worked • Vacation Cash-Out: Revise language in compliance with IRS regulations • Certification Incentive Pay: Revise language for clarity

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NON-REPRESENTED FULL-TIME EMPLOYEES WAGES AND RELATED BENEFITS AND BUDGET

AMENDMENT AUTHORIZATION
- 2 -

FISCAL IMPACT
The citywide fiscal impact of implementing a 3% Cost of Living Adjustment (COLA) for non-represented employees, along with the modest increases to health rates and boot/jacket allowance, amounts to $310,000. This includes an impact of $245,261 on the General Fund. Since the 2025-2026 operating budget already accounts for a 2% COLA, staff recommends a budget adjustment of $104,000 to cover the additional costs. Of this adjustment, $83,200 would be allocated to the General Fund and $20,800 to enterprise funds.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of employee wages and related benefits. Therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Resolution 3052-25 Non-Represented Full-Time Employees Wages and Related Benefits Resolution 2026 - Final

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RESOLUTION NO. 3052

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

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

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

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter, California, that the wage and related benefit plan for Covered Employees described herein, shall be effective January 3, 2026, through December 31, 2026, upon adoption by the City Council as follows:

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

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

Employees working a 9/80 work schedule will have an alternating regular day off every other week, as determined by the City. For such employees working a 9/80 work schedule, each employee’s designated workweek shall begin exactly four hours after the start of his/her eighthour shift.

Employees working a 4/10 work schedule will have one regular day off each week, as determined by the City. For these employees, the normal work period described in the first paragraph of this section remains applicable.

Holidays are valued at eight (8) hours. Employees may need to use 1–2 hours of vacation or CTO to receive full pay for a 9- or 10-hour workday. If a holiday falls on an employee’s regular day off, it will be observed on the nearest scheduled workday. Absences exceeding eight (8)

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Shafter City Council Resolution No. 3052
December 16, 2025

Page 2 ends

hours in a workday require the use of additional accrued leave. b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time; therefore, nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.

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

All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked, the employee shall be compensated for one quarter (1/4) hour at their overtime rate.
b. Hours Paid
Overtime shall be paid after forty (40) hours worked in the seven-day work period. Sick leave shall not constitute hours worked. Vacation leave and compensatory time off constitute hours worked.
c. Compensating Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee. Employees may accrue a maximum of one-hundred twenty (120) hours in their CTO account. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.

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

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

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Shafter City Council Resolution No. 3052
December 16, 2025

Page 3 ends

ARTICLE II - PAY PROVISIONS
SECTION 2.1 SALARY
a. Effective January 3, 2026, which represents the commencement of the first pay period of 2026, all Non-Represented Full-time Employees shall receive a three percent (3%) cost-of-living adjustment (COLA). The actual percentage may vary slightly due to rounding. b. Salary step increases to Steps B, C, D, and E shall be considered merit increases. Employees shall be eligible for salary advancement to the next step upon completion of twelve (12) months (or other time period approved by the City Manager) of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager.

SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to three-thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other certification courses under the following conditions:
a. Prior Department Head and City Manager approval is obtained. b. The course furthers a job-related major as approved by the City Manager or his/her designee. c. College courses require a minimum three (3) units completed with a grade of "C" or better. d. Proof of course completion, including grades and appropriate receipts for eligible expenses, must be submitted to Human Resources no later than thirty (30) calendar days after the close of the calendar year in which the courses were completed.

SECTION 2.3 BILINGUAL SPANISH INCENTIVE PAY
Employees designated by the Department Head or his/her designee to utilize Spanish bilingual skills and who pass the City’s bilingual exam shall receive incentive pay at one hundred twenty ($120.00) dollars per month, in addition to base salary. The Bilingual Spanish Incentive Pay shall become effective on the first day of the pay period following the date the employee passes the bilingual examination.

SECTION 2.4 RETIREMENT
a. The City agrees to contract with California Public Employees Retirement System, and employees are responsible for paying the 7%-member contribution for Covered Employees defined as Local Miscellaneous members and who are not defined as “new members” under the Public Employees’ Pension Reform Act (PEPRA). The plan benefits consist of the 2% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.

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Shafter City Council Resolution No. 3052
December 16, 2025

Page 4 ends

b. The City agrees to contract with California Public Employees Retirement System, and employees are responsible for paying the 9%-member contribution for Covered Employees who are sworn officers pursuant to PC 830.1 and who are not defined as “new members” under PEPRA. The plan benefits consist of the 3% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.
c. Employees hired on or after January 1, 2013, who qualify as a new member under PEPRA as defined in GC Section 7522.04(e,f), shall be subject to the California Public Employees Retirement plan 2%@62 Miscellaneous formula (GC Section 7522.20 (a)) or 2.7%@57 Safety formula (GC Section 7522.25); three-year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual total normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year.
d. Employees hired on or after January 1, 2013, who qualify as a classic member under PEPRA as defined in GC Section 7522.04(e,f), shall be subject to the retirement formula available on December 31, 2012: Local Miscellaneous 2%@55 full formula or Local Safety 3%@55 full formula. Employees are responsible for paying the member contribution.

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

Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a Stay Well Bonus, at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation. Employees may elect to be paid by separate direct deposit. Employees may also increase their contribution to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for sick leave by turning in an election form.
c. Upon service retirement, disability retirement, or death of active employees, such employees will be paid for all sick leave accrued in excess of 640 hours. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave.

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e. Employees employed as of July 1 who do not use any sick leave during the period July 1 through June 30 shall be credited by the second pay period of the following fiscal year with one eight (8) hour floating holiday. Sick leave paid according to Section 2.5 (b) shall not be considered as sick leave used for the purposes of determining eligibility for Section 2.5 (e). The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

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

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

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

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

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

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

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

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400

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e. The time during a year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City.
f. Employees who terminate employment shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.
g. In the event one or more holidays fall within vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. h. Employees may cash out vacation leave annually under the conditions set forth below:

The amount of leave that can be cashed out will be based on one-half of the employee’s annual accrual rate in the year the election is made. For example, if an employee has worked for the City for 12 years, the employee will be eligible to cash out 68 hours of leave in the following calendar year. The amount will be based on the highest accrual rate that was in effect during the calendar year in which the election is made.

An employee who does not make an affirmative election by the end of the year shall be deemed to have irrevocably elected not to cash out vacation leave accrued in the following year. Late irrevocable election forms will not be accepted.

An employee’s written election must specify the number of accrued vacation hours which the employees wishes to redeem for cash in the following fiscal year, up to the limits and under the conditions specified above. Employees who do not meet the accrual thresholds at the time of cash out will be unable to cash out vacation leave.

Payment for redeemed vacation leave may be made twice per year, in July and November, at the employee's election, as either:

1. A single full payment in July or November; or

2. Two equal installments, half in July and half in November The election on how the payment will be made must be made at the time of the irrevocable election. The City will issue payment by separate direct deposit. The City retains the discretion to determine the exact date of payment within the selected month(s).

Employees may also increase their contributions to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for vacation leave by turning in an election form.

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

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

SECTION 2.8 BEREAVEMENT LEAVE
a. As required by law, employees shall be granted up to five (5) days of job-protected leave for bereavement in the case of death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-in-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, and registered domestic partner. The days do not need to be consecutive but must be completed within three (3) months of the date of death. Up to three (3) working days of bereavement leave

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shall be with pay. Employees may use their accrual leave balances, such as sick, vacation, or CTO to cover the leave for the additional two (2) days. If the employee does not have accrual hours to utilize, the employee must request a Leave of Absence Without Pay in accordance with Personnel System Rule 15.5.
b. Employees may be granted five (5) days bereavement leave as approved by the City Manager in case of the death of an above-covered individual when the funeral takes place out of State or over 200 miles from Shafter.
c. Employees shall provide documentation of the death within 30 days of the first day of leave.

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

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

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

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

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

SECTION 2.12 CERTIFICATION INCENTIVE PAY
The City may provide an incentive for obtaining a specialized certification, defined as a formal, industry-recognized credential issued by an authorized certifying body that verifies an employee has met established standards of knowledge, skill, or competence in a specific field, and requires ongoing continuing education to maintain the certification in good standing. This is distinct from a certificate of completion, which simply acknowledges participation in a course or training but does not confer a professional designation or validate competency, and from professional designations that do not require renewal or continuing education to maintain status. Specialized certifications must be job-related, exceed the minimum requirements of the position, and provide a clear, ongoing benefit to the City. Interim certifications are excluded.

Specific certifications or certification levels eligible for Incentive Pay must be recommended by the Department Head and approved by the City Manager before inclusion in the Incentive Pay

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Program. Eligible certifications must be directly related to an employee’s job duties, but not required as a minimum qualification for the position. Incentives are cumulative; however, no combination of certification incentives may exceed 5% of Base Pay.

Employees receiving certification incentive pay must maintain the certification in good standing, including completing any continuing education or renewal requirements. The City Manager may revoke certification incentive pay at any time if it is determined that the certification no longer meets the requirements established in this section, no longer provides an ongoing benefit to the City, or if an employee fails to maintain the certification and associated renewal obligations.

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

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

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

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

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

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• 20 years of service: 2.5% of base pay

ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH, LIFE, AND COBRA BENEFITS
a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2026, through December 31, 2026. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans.

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

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

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

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The positions listed below currently qualify for the provided uniforms:
• Public Works Operations Directors, Supervisors, and Managers - five (5) City shirts, five (5) work pants, and one (1) City jacket annually.
• Animal Shelter Workers – five (5) City shirts and one (1) City jacket annually • Transit Drivers – five (5) City shirts and one (1) City jacket annually • Code Enforcement Officer - five (5) City long-sleeve polo shirts, five (5) City short-sleeve polo shirts, five (5) working pants, and one (1) City jacket annually • All other non-represented classifications not listed above - two (2) City shirts annually. b. Employees who are required to furnish and maintain City uniforms shall be compensated annually as follows:
• Chief of Police, Assistant Chief of Police, Police Lieutenant - $1,100 • Community Services Officer - $950
• Police Property & Evidence Supervisor - $950
• Police Property & Evidence Technician - $950
• Police Records Supervisor and Dispatch Supervisor - $575 c. Police Department sworn officers shall be paid two hundred dollars ($400) annually for standard uniform equipment.
d. The City shall provide level IIIa or better, bulletproof vests to Police Department sworn officers requiring such protection. The City shall also provide personal protective equipment in compliance with the Occupational Safety and Health Administration (OSHA) requirements. e. Police Department sworn officers shall seek restitution through the courts, with all practical diligence, to replace uniforms and standard uniform equipment damaged while on duty. If restitution is denied by the courts, the employee may submit a Damaged Equipment Claim Form to the Department Head or designee, for review and consideration of replacement by the City.

Upon approval, the Department Head or designee shall determine the appropriate rate of reimbursement to replace the damaged uniform or standard uniform equipment. f. Uniform and safety equipment allowance shall be paid in an annual lump sum on or near July 1 of each year. When employees leave city service, the annual uniform and safety equipment allowance is prorated, and any unearned portion shall be deducted from the final paycheck. g. Employees who are provided uniforms are required to wear these uniforms and report to work with them being clean and neat in appearance unless this requirement is expressly waived by the City.
h. All items as provided in Section 3.2(a) remain City property and are only to be used in accordance with City policy. Upon separation, all items must be returned by the employee. A prorated amount of the uniforms not returned will be deducted from the employee’s final paycheck.
i. The City will provide an annual allowance of four hundred and fifty dollars ($450) per fiscal year to field employees, as approved by the Department Head, for the purchase of a workrelated jacket and/or boots, insoles/boot supports/inserts. The allowance shall be paid in July of each fiscal year and is considered taxable income pursuant to IRS regulations. Employees are

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expected to maintain appropriate work attire and footwear in good condition, consistent with safety and departmental standards. This benefit is prorated monthly for new employees based on their date of hire. When employees leave City service, the annual allowance shall be prorated, and any unearned portion shall be deducted from the final paycheck.

ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
This resolution shall commence on January 3, 2026, and expire on December 31, 2026.

PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF DECEMBER 2025.

Chad Givens, Mayor Date
ATTEST:

Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:

Marco Martinez, City Attorney Date

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: NON-REPRESENTED PART-TIME EMPLOYEES AND EXTRA

HELP EMPLOYEES WAGES AND RELATED BENEFITS

AUTHORIZATION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution No. 3053, a Resolution of the City Council of the City of Shafter authorizing wages and related benefits for Non-Represented Part-time and Extra-Help Employees for the period of January 3, 2026, through December 31, 2026.

BACKGROUND
The wages and related benefits for Non-Represented Part-time and Extra Help Employees are established by a resolution of the City Council that is set to expire on December 31, 2025. Shafter City Council Resolution No. 3053 authorizes wages and related benefits for Non-Represented Part-time and Extra Help Employees from January 3, 2026, through December 31, 2026. The updates to the resolution are as follows:
• Cost-of-Living Adjustment: Three percent (3%)

FISCAL IMPACT
No budget action is required to implement a 3% Cost of Living Adjustment (COLA) for non-represented Part-time and Extra Help employees. The 2025-2026 operating budget already includes a 2% COLA assumption, and the remaining 1% can be absorbed within the existing budget. This is feasible because part-time employees comprise a small fraction of the total labor costs.

APPROVED BY THE CITY ATTORNEY

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NON-REPRESENTED PART-TIME EMPLOYEES AND EXTRA HELP EMPLOYEES WAGES AND

RELATED BENEFITS AUTHORIZATION
- 2 -
No

ATTACHMENTS

1. Resolution No 3053 Non-Represented Part-Time and Extra Help Employees Wages and Related Benefits Resolution 2026

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RESOLUTION NO. 3053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

AUTHORIZING WAGES AND RELATED BENEFITS
FOR NON-REPRESENTED PART-TIME AND EXTRA HELP EMPLOYEES.

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

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter, California, that the wage and related benefit plan for Covered Employees described herein shall be effective January 3, 2026, through December 31, 2026, upon adoption by the City Council as follows:

Employees are not guaranteed a minimum number of hours weekly. b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time. Therefore, nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.

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

All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked the employee shall be compensated for one quarter (1/4) hour at their overtime rate.

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b. Hours Paid
Overtime shall be paid after forty (40) hours worked in the seven-day Work Period. Sick leave constitutes hours worked.

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

ARTICLE II - PAY PROVISIONS
SECTION 2.1 SALARY
Effective January 3, 2026, which represents the commencement of the first pay period of 2026, all Non-Represented Part-time and Extra Help Employees shall receive a three percent (3%) cost-ofliving adjustment (COLA). The actual percentage may vary slightly due to rounding.

SECTION 2.2 BILINGUAL SPANISH INCENTIVE PAY
Employees designated by the Department Head or his/her designee to utilize Spanish bilingual skills and who pass the City’s bilingual exam shall receive an hourly prorated incentive pay based on the following formula:
• $1,440 (Annual Incentive) ÷ 2080 (Annual Work Hours) = $0.6924 The actual amount may vary slightly due to rounding.

SECTION 2.3 RETIREMENT
Immediate Membership Upon Hire:

Per Government Section Code Sections 20281 and 20305, employees who must be enrolled into CalPERS membership on the date of hire are those who are any of the following:
• Already a CalPERS member, unless working in a position excluded by law or contract exclusion
• Hired to work full-time in excess of six months
• Working “regular, part-time service,” consisting of at least an average of 20 hours a week for one year or longer
Employees Who Must Be Monitored:

For employees who do not satisfy the above, the number of hours that irregular-basis employees work in a fiscal year (July 1 – June 30) must be monitored. Irregular-basis employees (i.e., seasonal, limited-term, on-call, emergency, and intermittent) are excluded from membership

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unless the employment is compensated and meets one of the following conditions:
• Works 1,000 hours in a fiscal year
• Works 125 days in a fiscal year, if paid on a per diem basis Upon meeting the CalPERS membership eligibility requirements, the following retirement benefits may apply:
a. The City agrees to contract with California Public Employees Retirement System, and employees are responsible for paying the 7%-member contribution for Covered Employees defined as Local Miscellaneous members and who are not defined as “new members” under the Public Employees’ Pension Reform Act (PEPRA). The plan benefits consist of the 2% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042. b. The City agrees to contract with California Public Employees Retirement System, and employees are responsible for paying the 9%-member contribution for Covered Employees who are sworn officers pursuant to PC 830.1 and who are not defined as “new members” under PEPRA. The plan benefits consist of the 3% at 55 Full Formula; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the basic death benefit (GC 21536); and One Year Final Compensation GC 20042.
c. Employees hired on or after January 1, 2013, who qualify as a new member under PEPRA as defined in GC Section 7522.04(e, f), shall be subject to the California Public Employees Retirement plan 2%@62 Miscellaneous formula (GC Section 7522.20 (a)) or 2.7%@57 Safety formula (GC Section 7522.25); three-year final compensation (GG 7522.32(a)). Members shall contribute 50% of the annual total normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year.
d. Employees hired on or after January 1, 2013, who qualify as a classic member under PEPRA as defined in GC Section 7522.04(e, f), shall be subject to the retirement formula available on December 31, 2012: Local Miscellaneous 2%@55 full formula or Local Safety 3%@55 full formula. Employees are responsible for paying the member contribution.

SECTION 2.4 SICK LEAVE
a. Sick leave accruals and usage are defined in the City of Shafter Administrative Policy, Paid Sick Leave.

SECTION 2.5 BEREAVEMENT LEAVE
a. As required by law, employees shall be granted up to five (5) days of job-protected leave for bereavement in the case of death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-in-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, and registered domestic partner. The days do not need to be consecutive but must be completed

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within three (3) months of the date of death. Employees may use their accrual leave balances, such as sick leave, to cover the leave. If the employee does not have accrual hours to utilize, the employee must take unpaid leave.
b. Employees shall provide documentation of the death within 30 days of the first day of leave.

SECTION 2.6 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule with 26 work periods per year. b. The payroll cut-off for both overtime and regular time shall be one week prior to payday. c. Employees shall be paid for actual hours worked (and paid time off used) during the pay period.
d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday. e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.

ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
This resolution shall commence on January 3, 2026, and expire on December 31, 2026.

PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF DECEMBER 2025.

Chad Givens, Mayor Date
ATTEST:

Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:

Marco Martinez, City Attorney Date

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF SHAFTER (CITY) AND THE SHAFTER

PUBLIC WORKS UNIT OF THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 521 (SEIU L521), AND

AUTHORIZATION FOR A BUDGET AMENDMENT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; ratify the MOU between the City and SEIU L521 for the period of January 3, 2026, to December 31, 2028; and authorize a budget amendment in the amount of $100,000 for Fiscal Year 25/26.

BACKGROUND
The City’s negotiating team met in good faith with SEIU L521 representatives in accordance with the Meyers-Milias-Brown Act regarding salaries, benefits, and other terms and conditions of employment. The negotiating team reached a tentative agreement with SEIU L521. On December 10, 2025, the SEIU L521 membership ratified the tentative agreement for a three-year term of the SEIU L521 MOU from January 3, 2026, to December 31, 2028, with the following updates:
• Cost-of-Living Adjustment: Three percent (3%) each year • Position Changes: Reclassify Utility Technician to Senior Utility Operator • Overtime: Sick Leave shall not constitute hours worked • Health Benefits: City to continue to pay 100% of health benefits for base plans • Sick Leave Stay Well bonus: language clarification
• Vacation Cash-Out: Revise terms compliant with IRS regulations • Floating Holidays: language clarification
• Bereavement Leave: Expand eligibility criteria for funerals that take place out of state or over 200 miles
• Certification Incentive for Pesticide Certification: Qualified Applicator (2.5%); add right-of-way endorsement (.5%)
• Uniform Allowance: Annual lump sum payment of $450 per fiscal year, taxable pursuant to IRS regulations
• Alternative Works Schedule: One-year trial; department division discretion • On Call Cell Phone Pay: $45 per day

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RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF

SHAFTER (CITY) AND THE SHAFTER PUBLIC WORKS UNIT OF THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521 (SEIU L521), AND AUTHORIZATION FOR A BUDGET

AMENDMENT
- 2 -

FISCAL IMPACT
The total fiscal impact of the SEIU L521 Memorandum of Understanding (MOU), including the 3% annual cost-of-living adjustments and all associated labor-related expenses, is approximately $181,000 over the three-year term.

For the current Fiscal Year 2025–26, the partial-year cost is estimated at $100,000, consisting of:
▪ $35,000 for wage-related costs associated with the 3% increase, cell phone, uniform allowance, etc.
▪ $65,000 for projected increases in health insurance premiums.

A budget adjustment is required for FY 2025–26 to fully fund these costs. Of the $100,000 total adjustment:
▪ $80,000 will be allocated to the General Fund, and
▪ $20,000 will be allocated across the enterprise funds.

Future fiscal year impacts will be incorporated into the annual operating budget process.

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

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. SEIU L521 MOU 2026.2028

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE

SHAFTER PUBLIC WORKS UNIT
OF THE

SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 521
AND

CITY OF SHAFTER
JANUARY 3, 2026 TO DECEMBER 31, 2028

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ARTICLE I - GENERAL PROVISIONS.................................................................................................2 SECTION 1.1 PREAMBLE..................................................................................................................2 SECTION 1.2 RECOGNITION ...........................................................................................................2 SECTION 1.3 NEW EMPLOYEE ORIENTATION .........................................................................2 SECTION 1.4 SEVERANCE................................................................................................................3 SECTION 1.5 SOLE AGREEMENT...................................................................................................3 SECTION 1.6 FULL FORCE AND EFFECT ....................................................................................3 ARTICLE II - RESPECTIVE RIGHTS...................................................................................................3 SECTION 2.1 ASSOCIATION RIGHTS............................................................................................3 SECTION 2.2 CITY RIGHTS..............................................................................................................4 ARTICLE III - GRIEVANCE PROCEDURE.........................................................................................4 SECTION 3.1 GRIEVANCE PROCEDURE......................................................................................4 ARTICLE IV - HOURS OF WORK AND OVERTIME........................................................................5 SECTION 4.1 HOURS OF WORK......................................................................................................5 SECTION 4.2 OVERTIME ..................................................................................................................6 SECTION 4.3 CALLBACK PAY.........................................................................................................6 SECTION 4.4 STANDBY PAY ............................................................................................................6 ARTICLE V - PAY PROVISIONS ...........................................................................................................6 SECTION 5.1 SALARY........................................................................................................................6 SECTION 5.2 EDUCATION INCENTIVE PAY ...............................................................................7 SECTION 5.3 BILINGUAL SPANISH INCENTIVE PAY ..............................................................7 SECTION 5.4 RETIREMENT.............................................................................................................7 SECTION 5.5 SICK LEAVE................................................................................................................7 SECTION 5.6 VACATION LEAVE....................................................................................................8 SECTION 5.7 HOLIDAYS.................................................................................................................10 SECTION 5.8 BEREAVEMENT LEAVE ........................................................................................10 SECTION 5.9 MILITARY LEAVE...................................................................................................11 SECTION 5.10 OUT OF CLASS PAY ..............................................................................................11 SECTION 5.11 ON-CALL CELL PAY.............................................................................................11 SECTION 5.12 CERTIFICATION INCENTIVE PAY...................................................................11 SECTION 5.13 PAY SCHEDULE .....................................................................................................12 SECTION 5.14 LONGEVITY PAY...................................................................................................12 ARTICLE VI - HEALTH AND WELFARE..........................................................................................12 SECTION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE...................................... 12 SECTION 6.2 UNIFORM ALLOWANCE .......................................................................................13 SECTION 6.3 PROBATION ..............................................................................................................13 SECTION 6.4 USE OF CITY FACILITIES.....................................................................................13 ARTICLE VII - CLOSING PROVISIONS............................................................................................14 SECTION 7.1 TERM...........................................................................................................................14 SECTION 7.2 SIGNATURES ............................................................................................................14

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ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Shafter, hereinafter referred to as the “City” and the Shafter Public Works Unit of the Service Employees International Union (SEIU), Local 521, hereinafter referred to as the “Association” pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this MOU is the establishment of wages, hours and other terms and conditions of employment.

The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender.

SECTION 1.2 RECOGNITION
a. The City recognizes the Association as the recognized and exclusive representative for the following:

Equipment Operator Service Crew Member II Utility Operator I Mechanic Service Crew Member I
Senior Service Crew Member Utility Operator II Senior Utility Operator b. This recognition is exclusive of management employees, temporary employees, part-time employees, independent contractors and individuals placed by employment agencies. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and as provided under the City's Employer-Employee Relations Policy.

SECTION 1.3 NEW EMPLOYEE ORIENTATION
The City will notify Union’s designated representative in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Union’s designated representative with electronic notification of the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

The new hire will receive a copy of the MOU with his/her new employee orientation packet. Union shall be permitted one (1) hour of each orientation session to talk to new bargaining unit members to explain the rights and benefits under the MOU. It is understood that if the Union steward/officer wishes to make a presentation at New Employee Orientation on behalf of the Union, the steward/officer shall be granted release time with reasonable travel time for the presentation if it falls within his/her normal workday. The City shall not discourage an employee’s participation in the Union’s presentation. Taking into consideration Government Code Section 6254.3, the City will provide the Union’s designated representative a quarterly list of all employees in the represented bargaining unit, including the employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

Union shall defend, indemnify, and hold City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with this employee access provision with the exception of liability caused by City’s own negligence.

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SECTION 1.4 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful or unenforceable, the City and Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision.

Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU.

SECTION 1.5 SOLE AGREEMENT
a. The City and Association agree that to the extent that any provision addressing wages, hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and Association. Any such changes validly made shall become part of this MOU and subject to its terms.

SECTION 1.6 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.

ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of bulletin board space at City facilities. c. The right to payroll deductions made for payments of organization dues and for City approved programs. d. The use of City facilities for regular, normal and lawful Association activities, providing that approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements.

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SECTION 2.2 CITY RIGHTS
a. The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments set standards and levels of service, determine employment standards, direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or funds or for other legitimate reasons, maintain the efficiency of governmental operations, maintain fiscal integrity, determine the methods, means and personnel by which government operations are to be conducted, establish a classification plan, take all necessary actions to carry out its mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work.
b. In addition, the City retains the exclusive right, subject to the provisions of this MOU, the Personnel Rules, and the Meyers-Milias-Brown Act, to take other actions, make decisions, or set procedures or policies it deems appropriate.

ARTICLE III - GRIEVANCE PROCEDURE
SECTION 3.1 GRIEVANCE PROCEDURE
a. Purpose

1. To afford employees a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

2. To provide that grievances shall be settled as near as possible to the point or origin and as promptly as possible.

3. To provide that grievances shall be conducted as informally as possible. b. Definitions

1. A grievance is a formal allegation of violation, misapplication, or misinterpretation of a specific provision of this MOU which adversely affects the grievant.

2. A complaint is any decision affecting an employee's employment over which his/her appointing power had partial or complete jurisdiction. Complaints shall be processed through the grievance procedure except; however, the decision of the City Manager is final and no appeal to the City Council is available.

3. A grievant is an employee in the unit who is filing a grievance as defined above. Alleged violations, misapplication or misinterpretations which affect more than one employee in a substantially similar manner may be consolidated at the discretion of management as a group grievance and thereafter represented by a single grievant.

4. A day shall mean a day in which the City's main administrative office is open for business. c. Process

1. Informal Resolution: within five (5) days from the event giving rise to a grievance or from the date the employee could reasonably have been expected to have knowledge of such an event, the grievant shall orally discuss his/her grievance with his/her immediate supervisor. A supervisor shall have three (3) days to give an answer to the employee.

2. Formal Levels:
a. Level 1: if a grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of the receipt of such answer, file a formal written grievance with his/her Department Head on a

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form containing a statement describing the grievance, the section of this MOU allegedly violated and the remedy requested. The Department Head or his/her designee shall, within five (5) days have a meeting with the grievant and within five (5) days thereafter give a written answer to the grievant on the form provided. b. Level 2: if the grievant is not satisfied with the written answer from the Department Head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager. Within ten (10) days of the receipt of the written appeal to the City Manager or his/her designee, shall investigate the grievance which shall include a meeting with the concerned parties and thereafter give written answer within five (5) days after the hearing. On complaints, the decision of the City Manager is final. c. Level 3: if the grievant is not satisfied with the written answer from the City Manager, the grievant may, within five (5) days from the receipt of such an answer, file a written appeal to the City Council. Within fifteen (15) days of receipt of the written appeal, by the City Clerk, the City Council shall investigate the grievance which may include a meeting with the concerned parties and thereafter give written answer. d. General Provisions:

1. If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.

2. If a Supervisor, Department Head, or City Manager fails to respond with an answer within the given time period, the grievant may appeal his/her grievance to the next higher level.

3. The grievant may be represented by himself, a SEIU Staff Representative or Shop Steward at any formal level of this procedure.

4. Time limits and formal levels may be waived by mutual written consent of the parties.

5. Proof of service shall be accomplished by registered mail or certified mail.

ARTICLE IV - HOURS OF WORK AND OVERTIME
SECTION 4.1 HOURS OF WORK
a. Work Period
The normal work period shall be seven (7) days with a maximum non-overtime of forty hours (40). The work period shall commence at 0000-hour Saturday and end at 2400 hours Friday. Shift periods shall be assigned in nine (9) hour increments, with a one-hour (1) non-paid meal period in between.

The City and Association agree to implement a one-year trial 9/80 Alternative Work Schedule Program. Unless the City explicitly extends the program, it shall be rescinded on January 1, 2027. If the City elects to discontinue the 9/80 program at the conclusion of the trial period, the City shall provide notice to the Association and meet with the bargaining unit at least sixty (60) days prior to the expiration of the program.

Participation in the 9/80 Alternative Work Schedule shall be determined at the sole discretion of each Department Division based on operational needs. Decisions regarding whether a Department Division will implement or continue the 9/80 work schedule are not subject to appeal, complaint, or the grievance provision under this MOU.

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Holidays are valued at eight (8) hours. Employees may need to use 1 hour of vacation or CTO to receive full pay for a 9-hour workday. If a holiday falls on an employee’s regular day off, it will be observed on the nearest scheduled workday. Absences exceeding eight (8) hours in a workday require the use of additional accrued leave. b. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are paid time, therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received. c. Summer Work Schedule
Employees shall be on a summer work schedule from 6 a.m. to 3 p.m. beginning Memorial Day and ending on Labor Day of each year.

SECTION 4.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay. All overtime shall be recorded and paid based on fifteen (15) minute increments. For each full fifteen (15) minute period worked, the employee shall be compensated for one quarter (1/4) hour of overtime. b. Hours Paid
Overtime shall be paid after forty (40) hours worked in a work period. Sick leave shall not constitute hours worked.

Vacation leave, and compensatory time off constitute hours worked. c. Compensatory Time Off (CTO)
Notwithstanding the provisions of this section, employees may be granted CTO for overtime credit computed at time and one-half at the discretion of the Department Head and with due regard for the wishes of the employee.

Employees may accrue a maximum of one-hundred twenty (120) hours in their CTO account. Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.

SECTION 4.3 CALLBACK PAY
Employees called to duty at a time they are not working shall be compensated at the rate of time and one-half the employee's regular rate of pay with a minimum compensation of two (2) hours.

SECTION 4.4 STANDBY PAY REGULAR DAYS OFF
Employees directed to remain on call at his/her home on his/her normal day off, shall be compensated at the rate of two hours pay per standby of such service at home. All standby assignments shall be authorized in advance, by the City Manager. Employees shall be paid the standby pay or the employee’s regular hourly rate for time actually worked to the nearest half hour, whichever is greater.

ARTICLE V - PAY PROVISIONS
SECTION 5.1 SALARY
a. Effective January 3, 2026, which represents the commencement of the first pay period of 2026, all recognized employees shall receive a three percent (3%) cost-of-living adjustment (COLA) ). The City and Association agree that the actual percentage may vary slightly due to rounding. b. Effective the first full pay period in 2027, all recognized employees shall receive a three percent (3%) cost-of-living

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adjustment (COLA). The City and Association agree that the actual percentage may vary slightly due to rounding. c. Effective the first full pay period in 2028, all recognized employees shall receive a three percent (3%) cost-of-living adjustment (COLA). The City and Association agree that the actual percentage may vary slightly due to rounding. d. Salary step increases to Steps B, C, D, and E shall be considered merit increases. Employees shall be eligible for advancement to the next step upon completion of twelve (12) months of satisfactory job performance and normally increasing job productivity at the present step, and upon recommendation of the Department Head and approval of the City Manager. Advancement to Steps B or C shall be automatic after employees have completed twelve months of employment at the preceding Step when a performance appraisal report is not completed, and a recommendation is not made.

SECTION 5.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to three-thousand dollars ($3000) in a calendar year for expenses incurred for taking college courses and other certification courses under the following conditions:
a. Prior Department Head and City Manager approval is obtained. b. The course furthers a job related major as approved by the City Manager or his/her designee. c. College courses require a minimum three (3) units completed with a grade of "C" or better.

SECTION 5.3 BILINGUAL SPANISH INCENTIVE PAY
Employees designated by the Department Head or his/her designee to utilize Spanish bilingual skills and who pass the City’s bilingual exam shall receive incentive pay at one hundred twenty ($120.00) dollars per month, in addition to base salary.

SECTION 5.4 RETIREMENT
a. The City will contract with the California Public Employees Retirement System and recognized employees are responsible for paying the employee’s 7%- member contribution for employees hired on or before December 31, 2012. The plan benefits consist of 2%@55 Full Formula for Local Miscellaneous Members; Limit Prior Service to Members Employed as of Contract Date (GC 20938); Credit for Unused Sick Leave (GC 20965); Local System Service Credit included in the Basic Death Benefit (GC 21536), and One-Year Final Compensation (GC 20042). b. Employees hired on or after January 1, 2013, and identified as a “New Member” as defined in GC Sections 7522.04(e,f) shall be subject to California Public Employees Retirement 2%@62 Miscellaneous formula (GC Section 7522.20(a)); three year final compensation (GC 7522.32(a)). Members shall contribute 50% of the annual normal cost rate to the retirement formula (GC Section 7522.30(c)). The contribution rate is subject to increase, decrease, or stay the same in any given year.
c. Employees hired on or after January 1, 2013, who are not identified as a “New Member” of the California Public.

Employees Retirement System as defined in GC Section 7522.04(e,f), shall be subject to the Local Miscellaneous 2%@55 full-formula available on December 31, 2012.The recognized employees are responsible for paying the employee 7% member contribution.

SECTION 5.5 SICK LEAVE
a. Sick leave accrues at a rate of 3.6923 hours bi-weekly. There is no limit to the accumulation; however, the maximum shall revert back to one hundred twenty (120) days in the event of legislation requiring cities to provide conversion rights.
b. Employees with at least 480 hours of accrued sick leave shall be eligible for the Stay Well Bonus. For purposes of

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sick leave accounting, the annual period be the first pay period in December through the last pay period in November. All unused sick leave above 480 hours will be used for calculating the employee's stay well bonus paid on or around December 15.

Net sick leave earned and not used during the annual period will be divided in half. One-half will be paid to the employee at the employee's current base hourly rate and the remaining one-half shall remain as regular sick leave.

Except in the case of retirement, employees leaving City service who have at least 480 hours of accrued sick leave shall be paid a stay well bonus at the same time as their final payroll check, using the formula described above and based upon their accrued and used sick leave from the end of the last annual period through their date of separation.

Employees may elect to be paid by separate direct deposit. Employees may also increase their contributions to the 457 Deferred Compensation Plan contemporaneously with the payment for sick leave by turning in an election form. c. Upon service retirement, disability retirement, or death of active employees, such employees will be paid for all sick leave accrued in excess of 640 hours at the rate for which it was earned. d. Employees may use sick leave as defined in the City of Shafter Administrative Policy Sick Leave. e. Employees employed as of July 1 who do not use any sick leave during the period July 1 through June 30, shall be credited by the second pay period of the following fiscal year, with one eight (8) hour floating holiday. Sick leave paid according to Section 5.5 b shall not be considered as sick leave used for the purposes of determining eligibility for Section 5.5.e. The floating holiday cannot be carried over to the next fiscal year. Use of a floating holiday must have prior department approval and shall be consistent with the efficient operation of the department.

SECTION 5.6 VACATION LEAVE
a. Employees having less than one (1) year continuous employment shall not be entitled to vacation with pay without Department Head and City Manager approval.
b. Vacation days are based on an 8-hour day and shall be credited on a pro-rated basis as follows:

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

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

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

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

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

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

3.077 240 Hours 3.077 160

4.615 360 Hours 4.615 240

5.231 408 Hours 5.231 272

6.154 480 Hours 6.154 320

7.692 600 Hours 7.692 400
d. The time during a year at which employees may take vacation shall be determined by the Department Head with regard for the wishes of the employee and particular regard for the needs of the City. e. Employees who terminate employment shall be paid in a lump sum for all accrued vacation earned up to the effective date of termination.
f. In the event one or more holidays fall within a vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
g. Employees may cash out vacation leave annually under the conditions set forth below:

An employee wishing to cash out accrued vacation leave must submit an irrevocable written election by December 15 of the calendar year prior to the year in which the employee wishes to redeem accrued vacation leave. Irrevocable election forms are available in Human Resources. An employee who does not make an affirmative election by the end of the year shall be deemed to have irrevocably elected not to cash out vacation leave accrued in the following year. Late irrevocable election forms will not be accepted.

Payment for redeemed vacation leave may be made twice per year, in July and November, at the employee's election, as either:

1. A single full payment in July or November; or

Employees may also increase their contributions to the ICMA 457 Deferred Compensation Plan contemporaneously with the payment for vacation leave by turning in an election form.

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SECTION 5.7 HOLIDAYS
a. The following are city paid eight (8) hour holidays:

No. Holiday Date Hours
1 New Year’s Day January 1 8
2 Washington’s Birthday 3rd Monday in February 8
3 Memorial Day Last Monday in May 8
4 Independence Day July 4 8
5 Labor Day 1st Monday in September 8
6 Thanksgiving Day 4th Thursday in November 8
7 Day after Thanksgiving 4th Friday in November 8
8 Christmas Eve December 24 8
9 Christmas Day December 25 8
10 New Year’s Eve December 31 8
11 Martin Luther King Jr Floating Holiday 8
12 Veterans Day Floating Holiday 8
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 Shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. Floating holidays are not reportable to CalPERS as special compensation. However, holidays taken may be reported as earnings under Government Code Section 20630. Unused floating holidays shall not be paid out upon separation from employment and are forfeited.
c. In addition, any day proclaimed by the Shafter City Council as a holiday. d. Employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked.

Holiday compensation shall be at time and one half (1/2) of his/her regular rate of pay for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay. The regular rate of pay, for the purpose of holiday compensation includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Bilingual Incentive, Education Incentive, Qualified Pesticide Applicator’s Certification Pay, and Water Certification Pay).

SECTION 5.8 BEREAVEMENT LEAVE
a. As required by law, employees shall be granted up to five (5) days of job protected leave for bereavement in the case of the death of his/her spouse, child, stepchild, parent, stepparent, grandparent, spouse’s grandparent, grandchild, son-in-law, brother-in-law, sister-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister and registered domestic partner. The days do not need to be consecutive but must be completed within three (3) months of the date of death. Up to three (3) working days of bereavement leave shall be with pay.

Employees may use their accrual leave balances, such as sick, vacation, or CTO to cover the leave for the additional two (2) days, if needed. If the employee does not have the accrual hours to utilize, the employee must request a Leave of Absence Without Pay in accordance with Personnel System Rule 15.5. b. Employees may be granted five (5) paid days of bereavement leave as approved by the City Manager in case of the death of a covered individual in section (a) above when the funeral takes place out of State or over two hundred (200) miles from Shafter.
c. Employees shall provide documentation of the death within thirty (30) days of the first day of leave. Examples of such documentation include a death certificate, published obituary, or written verification of death, burial, or

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memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

SECTION 5.9 MILITARY LEAVE
Military leave shall be granted according with the provisions of State law. Employees shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 5.10 OUT OF CLASS PAY
Employees assigned by the Department Head to a higher paying position for a period of more than ten (10) consecutive normal workdays shall be paid at the higher paid position rate for all days worked in that position.

Employees assigned to higher paying positions on an ongoing but intermittent (non-consecutive) basis as determined by the Department Head and approved by the City Manager, may be eligible to be paid at the higher position rate for full days worked in the higher class.

The rate shall provide at least a 5% increase except in no case shall the employee receive higher than the E step of the higher paid position.

SECTION 5.11 ON-CALL CELL PHONE PAY
Employees required by the Department Head to be on-call and required to carry a cellphone shall be compensated at $45.00 per day.

SECTION 5.12 CERTIFICATION INCENTIVE PAY
The City shall provide an incentive to obtain a level of specialized certification beyond what is required by the job, provided the certification is in a job-related subject. Interim certification is excluded.

Specific Certifications eligible for Incentive Pay must be approved by the Department Head and City Manager prior to inclusion in the Incentive Pay Program. Eligible specific Certifications must be directly related to an employee’s job duties but NOT a qualifying requirement of the position. New Certifications or levels of Certifications must be approved by the Department Head and City Manager and will not become eligible for Incentive Pay until added to the MOU.

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

Currently approved certifications and Incentive Pay levels are as follows:

Water Distribution/Treatment Certifications: D1/T1 No Incentive D2/T2 2.5%
D3/T3 1.5 %
D4 1.0%
Arborist Certifications: ISA Arborist 2.5%
add Tree Risk Assess. 0.5%
add Arborist Muni Spec. 0.5%
ASE Certification ASE G1 and A1-A8 Master No Incentive
add ASE Medium/Heavy Truck 1.0%
add ASE Transit Bus Master 1.0%
Pesticide Certification: Qualified Applicator 2.5%
Add Right-of-Way Endorsement 0.5%

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SEIU-PUBLIC WORKS MOU 2026-2028 Page 12
SECTION 5.13 PAY SCHEDULE
a. Employee pay shall operate on a bi-weekly pay schedule, including 80-hour work periods with 26 work periods per year.
b. The payroll cut-off for both, overtime and regular time, shall be one week prior to payday. c. Employee shall be paid for actual hours worked (or paid time off used) during the pay period. d. Payday shall be on the Friday following the payroll cut-off date. If payday falls on a holiday, employees shall be paid on the business day before the holiday.
e. Employees shall be subject to mandatory participation in the direct deposit of their City payroll checks to a bank account of their choice.
f. The Association agrees to meet in good faith and cooperate with the City during the implementation of the new timekeeping system.

SECTION 5.14 LONGEVITY PAY
All recognized employees shall receive longevity pay (10% over 20 years) as set forth below based on their years of continuous full-time service with the City of Shafter as follows:
• 5 years of service: 2.5% of base pay
• 10 years of service: 2.5% of base pay
• 15 years of service: 2.5% of base pay
• 20 years of service: 2.5% of base pay

ARTICLE VI - HEALTH AND WELFARE
SECTION 6.1 MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE a. The City agrees to pay one hundred percent (100%) of the medical, dental, and vision premiums on the base plans for employees and eligible dependents from January 1, 2026 through December 31, 2028. Employees electing to buy-up to the PPO plans shall pay a monthly contribution to the buy-up plans. b. The City shall provide employees a life insurance plan equal to the employee's annual base salary plus $17,000. c. Subject to IRS Code 125 and insurance plan eligibility, the City shall pay $353 monthly to employees who decline participation in the City’s medical insurance plan. Proof of other insurance coverage is required. Retired employees are excluded.
d. The City will pay one hundred percent (100%) of the City’s group medical, dental and vision premiums for eligible retired employees plus one eligible dependent for a period of up to twelve (12) months immediately following the effective date of retirement. For the purposes of this subsection, eligible employees are those employees who retire from active status on a normal service retirement or disability (excluding deferred retirement) with at least 10 years of continuous full-time city service. For the purposes of this subsection, continuous full-time city service shall mean uninterrupted employment as a full-time employee. Authorized leaves of absences shall not be considered as a break in service. This benefit shall apply only to retired employees who continue coverage with the City’s group medical, dental and vision insurance pursuant to COBRA. This benefit shall not apply to employees who are terminated.

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SEIU-PUBLIC WORKS MOU 2026-2028 Page 13
SECTION 6.2 UNIFORM ALLOWANCE
a. The City shall provide all employees with a minimum of five (5) uniforms. The City reserves the right to determine the uniform style and color. Unless otherwise mutually agreed, this uniform shall consist of work pants, work shirt, name patches, and city patches.

Job related, specific to duties performed safety equipment, jackets and/or boots will be provided once per fiscal year as determined by the department head or designee. Issuance of safety boots and jackets will be issued in the months of July each fiscal year.
b. Employees who are provided uniforms, are required to wear these uniforms and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. c. Upon request, the City may grant an exemption from wearing the uniform set forth above. The City shall not be held liable for the cost of the repair or replacement of personal clothing damaged on duty. An employee exempted from the uniform as set forth in Section 6.2(a) shall be compensated an annual uniform allowance of $350 to be paid in advance at the beginning of each fiscal year. Upon separation from employment, a prorated amount of the annual uniform allowance that was not earned will be deducted from the employee’s final paycheck. d. All items as provided in Section 6.2(a) remain City property and are only to be used in accordance with city policy.

Upon separation, all items must be returned by the employee. A prorated amount of any uniforms not returned will be deducted from the employee’s final paycheck.
e. The City will provide an annual allowance of four hundred and fifty dollars ($450) per fiscal year to field employees for the purchase of a work-related jacket and/or boots, insoles/boot supports/inserts. The allowance shall be paid in July of each fiscal year and is considered taxable income pursuant to IRS regulations. Employees are expected to maintain appropriate work attire and footwear in good condition, consistent with safety and departmental standards.

This benefit is pro-rated monthly for new employees based on their date of hire. When employees leave City service, the annual allowance shall be prorated, and any unearned portion shall be deducted from the final paycheck.

SECTION 6.3 PROBATION
The probationary period for new employees and promotions shall be six (6) months. The City Manager shall have the authority to extend an employee’s probationary period for a maximum of six additional months. There shall be no appeal procedure for probationary employees.

SECTION 6.4 USE OF CITY FACILITIES
City employees will not be permitted to use the City corporation yard and equipment for personal auto or home repair.

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SEIU-PUBLIC WORKS MOU 2026-2028 Page 14

ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on January 3, 2026, and expire on December 31, 2028.

SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted on December 16, 2025, pursuant to the recommendation of the following representatives:

SPWU SEIU Local 521: City of Shafter:
___________________________________________ ____________________________________________ SPWU SEIU Local 521 President Date Lance Lippincott, City Manager Date ___________________________________________ ___________________________________________ SPWU SEIU Local 521 Vice President Date Chad Givens, Mayor Date ___________________________________________
Alicia Aleman, Internal Organizer Date

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Angelica Torres, Risk Management Coordinator SUBJECT: REVISED FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION AND FEDERAL TRANSIT ADMINISTRATION

DRUG AND ALCOHOL TESTING POLICY

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

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

Following a statewide review conducted by RLS & Associates, contracted by Caltrans FTA Section 5311 program, it was determined that the City of Shafter must update its Drug and Alcohol Testing Policy to reflect regulatory changes. Failure to comply may jeopardize the City’s eligibility for continued funding under the FTA Section 5311 program.

As part of this process, the City’s existing Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Testing Policy has been consolidated with the FTA policy into a single, comprehensive Drug and Alcohol Testing Policy. This unified policy streamlines requirements for all FMCSA and FTA-covered employees while maintaining full compliance with applicable federal regulations.

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

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

2. Procedures for ensuring a safe and drug-free workplace for all FMCSA and FTAcovered employees.

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

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REVISED FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION AND FEDERAL TRANSIT

ADMINISTRATION DRUG AND ALCOHOL TESTING POLICY
- 2 -
The policy must be adopted by the City Council and distributed to all covered employees per FTA Rule Section 655.16. This process includes providing written notice of the revised policies and procedures to employees and their representatives.

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

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

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Drug and Alcohol Testing Policy - FMCSA and FTA 2025 12 16

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CITY OF SHAFTER

ADMINISTRATIVE POLICY

DRUG AND ALCOHOL TESTING POLICY

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION AND

FEDERAL TRANSIT ADMINISTRATION
REVISED DATE: DECEMBER 16, 2025
I. PURPOSE
The City of Shafter (“City”) provides public transit and paratransit services for the residents of the City. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, the City declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees.

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

Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive positions, and prohibits performance of safety-sensitive functions when there is a positive test result or a refusal to test; 49 CFR Part 382 for Federal Motor Carrier Safety Administration (FMCSA); and The U. S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of specimens for drug and alcohol testing.

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

II. SCOPE
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or part-time), when performing safety-sensitive duties. See Attachment A for a list of employees and the authority under which they are included.

This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions.

Under FMCSA (Part 382), you are a covered employee if you perform any of the following safetysensitive functions:
• Driving a commercial motor vehicle which requires the driver to have a CDL • Waiting to be dispatched to operate a commercial motor vehicle

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• Inspecting, servicing, or conditioning any commercial motor vehicle • Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth)
• Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded • Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle Under FTA (Part 655), you are a covered employee if you perform any of the following: (1) operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), (2) maintenance of a revenue service vehicle or equipment used in revenue service, (3) security personnel who carry firearms, (4) persons controlling the dispatch or movement of revenue service vehicles and (5) any transit employee who operates a nonrevenue service vehicle that requires a Commercial Driver’s License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety-sensitive positions who perform one or more of the abovementioned duties is provided in Attachment A. Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL, or receive remuneration for service in excess of actual expense.

III.DEFINITIONS
“Accident” (FTA) is an occurrence associated with the operation of a vehicle even when not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. “Actual Knowledge” (For FMCSA Agencies) is actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in §382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing.

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“Adulterated Specimen” is a specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
“Alcohol” isthe intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication. “Alcohol Concentration” is expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR Part 40.
“Aliquot” is a fractional part of a specimen used for testing; it is taken as a sample representing the whole specimen.
“Alternate Specimen” is an authorized specimen, other than the type of specimen previously collected or attempted to be collected.
“Canceled Test” is a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is canceled. A canceled test is neither positive nor negative. “Clearinghouse” is the FMCSA database that 49 CFR Part 382 requires employers and service agents to report information to, and to query, regarding CDL drivers who are subject to the DOT controlled substance and alcohol testing regulations.
“Collection Site” is a place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test.
“Confirmatory Drug Test” is a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or metabolite. “Confirmatory Validity Test” is a second test performed on a different aliquot of the original urine specimen to further support a validity test result.
“Covered Employee Under FTA/FMCSA Authority” is an employee who performs a safetysensitive function, including an applicant or transferee who is being considered for hire into a safetysensitive function (See Attachment A for a list of covered employees). “Cutoff” is the analytical value (e.g., drug or drug metabolite concentration) used as the decision point to determine a result (e.g., negative, positive, adulterated, invalid, or substituted) or the need for further testing.
“Designated Employer Representative (DER)” is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655. The DER for the City will be the Human Resources Director or his/her designee.

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“DOT, The Department, DOT Agency” these terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST).

For purposes of 49 CFR Part 40, the United States Coast Guard (USCG) in the Department of Homeland Security is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency.
“Dilute Specimen” is a urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
“Disabling Damage” is damage which precludes the departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
“Employee” is any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.
“Evidential Breath Testing Device (EBT)” is a device approved by NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears on the Office of Drug & Alcohol Policy & Compliance’s (ODAPC’s) web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA. “Initial Drug Test (Screening Drug Test)” is the first test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. “Initial Specimen Validity Test” is the first test used to determine if a specimen is adulterated, diluted, substituted, or invalid.
“Invalid Result” is the result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. “Laboratory” is any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under 49 CFR Part 40.

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“Limit of Detection (LOD)” is the lowest concentration at which analyte (e.g., drug or drug metabolite) can be identified.
“Limit of Quantitation (LOQ)” for quantitative assays, the lowest concentration at which the identity and concentration of the analyte (e.g., drug or drug metabolite) can be accurately established.
“Medical Review Officer (MRO)” is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information.
“Negative Dilute” is a drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine. “Negative Result” is the result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug, or the concentration of the drug is less than the cutoff concentration for the drug or drug class, and the specimen is a valid specimen. An alcohol concentration of less than

0.02 BAC is a negative test result.
“Non-negative Specimen” is a specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), or invalid.
“Oral Fluid Specimen” is a specimen that is collected from an employee’s oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection for all purposes of 49 CFR Part 40, as amended.
“Performing (a safety-sensitive function)” is a covered employee that is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. “Positive Result” is the result reported by an HHS-Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations. “Primary Specimen” in drug testing, is the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of specimen validity testing. The primary specimen is the portion of the donor’s subdivided specimen designated as the primary (‘‘A’’) specimen by the collector to distinguish it from the split (‘‘B’’) specimen, as defined in 49 CFR Part 40, as amended. “Prohibited Drug” is identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as specified in 49 CFR Part 40, as amended.
“Reconfirmed” is the result reported for a split (Bottle B) specimen when the second HHS-Certified

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laboratory corroborates the original result reported for the primary (Bottle A) specimen. “Rejected for Testing” is the result reported by an HHS-Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected. “Revenue Service Vehicles” is all transit vehicles that are used for passenger transportation service. “Safety-Sensitive Functions” (FMCSA) include all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
2) All time inspecting equipment as required by §§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; 3) All time spent at the driving controls of a commercial motor vehicle in operation; 4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this subchapter);
5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and 6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. “Safety-Sensitive Functions” (FTA) are employee duties identified as:
1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service.
2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Driver's License (CDL). 3) Maintaining a revenue service vehicle or equipment used in a revenue service. 4) Controlling the dispatch or movement of a revenue service vehicle. 5) Carrying a firearm for security purposes.
“Specimen” is fluid, breath, or other material collected from an employee at the collection site for the purpose of a drug or alcohol test.
“Specimen Bottle” is the bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the transportation to the laboratory. In the context of oral fluid testing, it may be referred to as a “vial,” “tube,” or “bottle.”
“Split Specimen” in drug testing, is the specimen that is sent to a first laboratory and stored with its original seal intact, and which is transported to a second laboratory for retesting at the employee’s request following MRO verification of the primary specimen as positive, adulterated or substituted. “Split Specimen Collection” is a collection in which the single specimen collected is divided into

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

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

IV. EDUCATION AND TRAINING
For FMCSA Agencies: The City will provide educational materials that explain the requirements of Part 382 as well as this policy. The City will ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing and to each driver subsequently hired or transferred into a position requiring driving a commercial motor vehicle.

The materials to be made available to drivers shall include what is provided in this policy document in addition to a detailed discussion the following:
1) Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a co-worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and 2) The requirement that the following personal information collected and maintained under Part 382 and this policy shall be reported to the FMCSA Clearinghouse:
a. A verified positive, adulterated, or substituted drug test result; b. An alcohol confirmation test with a concentration of 0.04 or higher; c. A refusal to submit to any test required by subpart C of this part; d. An employer's report of actual knowledge, as defined at §382.107:
e. On duty alcohol use pursuant to §382.205;
f. Pre-duty alcohol use pursuant to §382.207;
g. Alcohol use following an accident pursuant to §382.209; and h. Controlled substance use pursuant to §382.213;
i. A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful completion of the return-to-duty process;
j. A negative return-to-duty test; and
k. An employer's report of completion of follow-up testing.

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

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

V. PROHIBITED SUBSTANCES
Prohibited substances addressed by this policy include the following. 1) Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.

Illegal use includes the use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended.

USDOT drug testing regulations (49 CFR Part 40) require that all employees covered under FTA/FMCSA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine, as described in this policy. Illegal use of these five drugs is prohibited at all times, and thus, covered employees may be tested for these drugs anytime that they are on duty.
2) Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance that carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a supervisor, and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safetysensitive functions. 3) Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner that violates the conduct listed

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in this policy is prohibited.

VI.PROHIBITED CONDUCT
1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended, is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended.
2) Each covered employee is prohibited from consuming alcohol while performing safetysensitive job functions or while on-call to perform safety-sensitive job functions. If an oncall employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling his/her on-call responsibilities.
3) The City shall not permit any covered employee to perform or continue to perform safetysensitive functions if it has actual knowledge that the employee is using alcohol 4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed. a. An employee with a breath alcohol concentration that measures 0.02-0.039 is not considered to have violated the USDOT drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within four (4) hours of performing a safetysensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT regulations require the employee to be removed from the performance of safety-sensitive duties until:
i. The employee's alcohol concentration measures less than 0.02; or ii. FOR FTA COVERED EMPLOYEES: The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test.
iii. FOR FMCSA COVERED EMPLOYEES: The start of the employee’s next regularly scheduled duty period, but not less than twenty-four hours following administration of the test.
5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. 6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
7) The City, under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty or anytime the employee is in uniform. 8) Consistent with the Drug-Free Workplace Act of 1988, all City employees are prohibited

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from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the workplace, including agency premises and agency vehicles.

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

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

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

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

Department of Health and Human Services (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner, and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result. b) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine (PCP). After the identity of the donor is checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at an HHS-certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended.

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c) The test results from the HHS-certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result and provide the employee with an opportunity to explain the confirmed laboratory test result.

The MRO will subsequently review the employee’s medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the City. If a legitimate explanation is found, the MRO will report the test result as negative.
d) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result.
e) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. The City will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample; however, the City will seek reimbursement for the split sample test from the employee.
f) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled.
g) Observed collections:
a. Consistent with 49 CFR part 40, as amended, collection under direct observation with no advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to the City that there was not an adequate medical explanation for the result;
ii. The MRO reports to the City that the original positive, adulterated, or substituted test result had to be canceled because the test of the split specimen could not be performed;
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dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine specimen as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1));
iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen; v. The temperature on the original urine specimen was out of range (See §40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with (See §40.65(c)(1)); vii. All follow-up-tests; or
viii. All return-to-duty tests.

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

X. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices.” Alcohol screening tests may be performed using a non-evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids.” If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA-approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and the validity of the test result.
2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours for FTA covered employees, and twenty-four hours for FMCSA covered employees, or for the duration of the workday, whichever is longer, and will be subject to the consequences described in this policy. An alcohol concentration of less than 0.02 will be considered a negative test.

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3) The City affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a canceled test. 4) The alcohol testing form (ATF) required by 49 CFR Part 40, as amended, shall be used for all FTA/FMCSA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.

XI.PRE-EMPLOYMENT TESTING

1. All applicants for covered transit positions shall undergo drug testing prior to the performance of a safety-sensitive function.
a) All offers of employment for covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. b) An employee shall not be placed, transferred, or promoted into a position covered under FTA/FMCSA authority or company authority until the employee takes a drug test with verified negative results.
c) If an applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded, and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment, the applicant must provide the employer proof of having successfully completed a referral, evaluation, and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant.
d) When an employee is placed, transferred, or promoted from a non-covered position to a position covered under FTA/FMCSA authority or company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with this policy.
e) If a pre-employment test is canceled, the City will require the applicant to take and pass another pre-employment drug test.
f) In instances where an FTA-covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool, the employee will be required to take a pre-employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safetysensitive job functions. g) Following a negative dilute, the employee will be required to undergo another test. Should

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this second test result in a negative dilute result, the test will be considered a negative, and no additional testing will be required unless directed to do so by the MRO. h) Applicants are required (even if ultimately not hired) to provide the City with signed written releases requesting USDOT drug and alcohol records from all previous USDOTcovered employers that the applicant has worked for within the last two years. Failure to do so will result in the employment offer being rescinded. The City is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to test on a pre-employment test for a USDOT-covered employer within the last two years. If the applicant has tested positive or refused to test on a pre-employment test for a USDOTcovered employer, the applicant must provide the City proof of having successfully completed a referral, evaluation, and treatment plan as described in section 655.62 of subpart G.

2. FMCSA Drug Testing Exceptions
A driver is not required to undergo a pre-employment test if:
a) The driver has participated in a DOT testing program within the previous 30 days; and b) While participating in that program, either:
i. Was drug tested within the past six months (from the date of application with the employer), or
ii. Participated in the random drug testing program for the previous 12 months (from the date of application with the employer); and
c) The City can ensure that no prior employer of the driver of whom the City has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.

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

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

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

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

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

FMCSA Procedures:

Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances:
1) FATAL ACCIDENTS – As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle. 2) NON-FATAL ACCIDENTS – As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
(a) The accident results in injuries requiring immediate medical treatment away from the scene; or
(b) One or more motor vehiclesincur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.

Assoon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
1) The accident results in injuriesrequiring immediate medical treatment away from the scene; or
2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.

General Accident Procedures:

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

Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours

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following the accident or until he/she undergoes a post-accident alcohol test.

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

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

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

XIV. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. Individuals who may be covered under company authority will be selected from a pool of non-DOT-covered individuals.
2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week, and hours of the day. 3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA/FMCSA administrator. The current year testing rates can be viewed online at https://www.transportation.gov/odapc/random-testing-rates. 4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection.
5) USDOT covered employees will be included in one random pool maintained separately from the testing pool of non-safety-sensitive employees that are included solely under City authority.
6) Random tests can be conducted at any time during an employee’s shift for drug testing.

Alcohol random tests can only be performed before, during, or just after the performance of a safety-sensitive duty. However, under the City’s authority, a non-DOT random alcohol test

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may be performed any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an employee’s shift.
7) Employees are required to proceed immediately to the collection site upon notification of their random selection.

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

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

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

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

Following a negative dilute, the employee will be required to undergo another test. Should this

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

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

An alcohol test result of 0.02 to  0.039 BAC shall result in the removal of the employee from duty for eight hoursfor FTA covered employees, and twenty-four hours for FMCSA covered employees, or the remainder of the work day, whichever is longer. The employee will not be allowed to return to safety-sensitive duty for his/her next shift until he/she submits to a NONDOT alcohol test with a result of less than 0.02 BAC.

In the instance of a self-referral or a management referral, disciplinary action against the employee shall include:
1) Mandatory referral for an assessment by an employer-approved counseling professional for assessment, formulation of a treatment plan, and execution of a return-to-work agreement;
2) Failure to execute or remain compliant with the return-to-work agreement shall result in termination from City employment.
a. Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result

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

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

FMCSA Procedures for Voluntary Self-Identification
In accordance with 49 CFR Part 382.121, any covered employee who has self-identified to alcohol misuse or prohibited drug use may voluntarily refer her or himself to the Human Resources department, provided the employee makes the admission prior to performing a safety-sensitive function (i.e., prior to reporting for duty) and does not self-identify in order to avoid any testing under this policy. After an employee voluntarily refers her or himself to the employer, the DER will refer the individual to a substance abuse counselor for evaluation and treatment.

The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional assistance before any use affects job performance.

Any safety-sensitive employee who self-identifies to alcohol misuse or prohibited drug use under this policy will immediately be removed from his/her safety-sensitive function until successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert. Prior to returning to a safety-sensitive function, the employee must also undergo a NON-DOT return-to-duty drug test with a verified negative result and/or a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.

XVIII.GRIEVANCE AND APPEAL

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DRUG AND ALCOHOL TESTING POLICY – FMCSA AND FTA Page | - 22 - REVISED DATE: DECEMBER 16, 2025
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal are not subject to arbitration.

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

Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy or who is found to deliberately misuse the policy in regard to subordinates shall be subject to disciplinary action, up to and including termination.

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

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DRUG AND ALCOHOL TESTING POLICY – FMCSA AND FTA Page | - 23 - REVISED DATE: DECEMBER 16, 2025
9) Records will be released if requested by a Federal, state, or local safety agency with regulatory authority over the City or the employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken.
11) In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA.

APPROVED AND ADOPTED this 16
th day of December.
___________________________________
Chad Givens, Mayor
ATTEST:
___________________________________
Yazmina Pallares, City Clerk

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DRUG AND ALCOHOL TESTING POLICY – FMCSA AND FTA Page | - 24 - REVISED DATE: DECEMBER 16, 2025
Attachment A

CLASSIFICATIONS JOB DUTIES TESTING AUTHORITY
Equipment Operator Heavy Equipment Operator FMCSA
Mechanic Vehicle Maintenance FTA
Senior Service Crew Member Heavy Equipment Operator FMCSA Senior Utility Operator Heavy Equipment Operator FMCSA
Service Crew Member I/II Heavy Equipment Operator FMCSA Streets Supervisor Heavy Equipment Operator FMCSA
Transit Driver Revenue Transit FTA
Transit Driver, Lead Revenue Transit FTA
Utility Operator I/II Heavy Equipment Operator FMCSA

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DRUG AND ALCOHOL TESTING POLICY – FMCSA AND FTA Page | - 25 - REVISED DATE: DECEMBER 16, 2025
Attachment B
Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s).

City of Shafter Drug and Alcohol Program Manager
Name: Carol Chavolla
Title: HR Director
Address: 336 Pacific Ave, Shafter, CA 93263
Telephone Number: (661) 746-5041

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2026 THROUGH JUNE 30, 2027 RESOLUTION

ADOPTION

RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the proposed action is not defined as a “project” per Section 15378(b) (4) of the CEQA Guidelines; and adopt Resolution 3054, a Resolution of the City Council of the City of Shafter serving as the Board of Directors of the Successor Agency to the Dissolved Shafter Community Development Agency, Approving and Adopting a Recognized Obligation Payment Schedule Covering the Period of July 1, 2026 through June 30, 2027, Pursuant to Health and Safety Code Section 34177(l) And (m).

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

July 1, 2026 – December 31, 2026:

1. 2016 Refunding Bonds: $1,086,787

2. Administrative Budget: $125,000

3. City / Agency Loan Agreement: $90,000
January 1, 2027 – June 30, 2027:

1. 2016 Refunding Bonds: $314,050

2. Administrative Budget: $125,000

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

FISCAL IMPACT

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RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2026 THROUGH JUNE 30, 2027 RESOLUTION ADOPTION
- 2 -
The $1,830,837 in total expenditures will be paid with property tax allocations from the County Auditor Controller including any unused property tax allocations from prior years. The Successor Agency stands alone as a private purpose trust fund. Thus, the financial activity of the Successor Agency is accounted for separately and not combined with the City’s finances.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of a recognized obligation payment schedule and therefore, it is the creation of governmental funding mechanism that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Resolution No. 3054 Recognized Obligation Payment Schedule 26-27

2. 26-27 ROPS Rpt

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RESOLUTION NO. 3054

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

SERVING AS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO

THE DISSOLVED SHAFTER COMMUNITY DEVELOPMENT AGENCY,

APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE COVERING THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(L) AND (M).

WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter became the successor agency to the Shafter Community Development Agency (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Section 34179(j), on July 1, 2018 a single oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section 34177(l) requires the Successor Agency to prepare a recognized obligation payment schedule (“ROPS”), by February 1st of each year, forward looking to the next fiscal year; and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Successor Agency’s oversight board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS (“Approved ROPS”) to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency’s website; and
WHEREAS, Health and Safety Code Section 34177(m) requires that the Approved ROPS for the period July 1, 2026 through June 30, 2027 (“ROPS 26-27”) is required to be submitted to the Department of Finance, California State Controller and the County Auditor-Controller by February 1, 2026; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

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

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

Section 2. Approval of ROPS. The Successor Agency hereby approves and adopts the ROPS 26-27, covering the period July 1, 2026 through June 30, 2027, in substantially the same

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Shafter City Council Resolution No. 3054
December 16, 2025

Page 2 ends

form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.

Section 3. Transmittal of ROPS. The City Manager and Finance Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 26-27, including submitting the ROPS 26-27 to the Successor Agency’s oversight board for approval, and submission of the Approved ROPS to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency’s website.

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

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF DECEMBER 2025. ______________________________
Chad Givens, Mayor
ATTEST
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

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Shafter City Council Resolution No. 3054
December 16, 2025

Page 3 ends

EXHIBIT A

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
[Attached behind this page]

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Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Shafter
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,086,787 $ 314,050 $ 1,400,837 B Bond Proceeds 1,086,787 314,050 1,400,837
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 215,000 $ 215,000 $ 430,000 F RPTTF 90,000 90,000 180,000
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,301,787 $ 529,050 $ 1,830,837 Certification of Oversight Board Chairman:

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

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Shafter
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$1,830,838 $1,830,837 $1,086,787 $- $- $90,000 $125,000 $1,301,787 $314,050 $- $- $90,000 $125,000 $529,050 3 Administrative
Budget
Admin
Costs
07/01/
2013
06/30/2037 City of
Shafter
Successor
Agency
Administrative
Costs
250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 4 Loan
Agreement
City/
County
Loan
(Prior 06/
28/11),
Cash
exchange
01/18/
2011
06/30/2015 City of
Shafter
SERAF and
operating
expense loan
agreement
180,000 N $180,000 - - - 90,000 - $90,000 - - - 90,000 - $90,000 10 Property Tax
Increment
Allocation
Bonds
Bonds
Issued
After 12/
31/10
12/28/
2016
11/01/2036 U.S.

Bank,
N.A.
2016 Series
A Refunding
Bonds
1&2 1,400,838 N $1,400,837 1,086,787 - - - - $1,086,787 314,050 - - - - $314,050

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Shafter
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
213,819
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
5,453 1,228,511
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
17,900 1,219,598 $17,900 is unrealized loss on investments.

They get recovered in subsequent years.
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $(12,447) $222,732

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Shafter
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
3 4
10

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: ADOPTION OF RESOLUTION APPROVING AND ADOPTING A

PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD OF
JULY 1, 2026 THROUGH JUNE 30, 2027, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177(J)

RECOMMENDATION
Council, serving as the Successor Agency to the Former Shafter Community Development Agency, find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and adopt Resolution 3055, a Resolution of the City Council of the City of Shafter serving as the Successor Agency to the Dissolved Shafter Community Development Agency, Approving and Adopting a Proposed Administrative Budget for the Period July 1, 2026 through June 30, 2027, Pursuant to Health and Safety Code Section 34177(j).

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

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

FISCAL IMPACT
Administrative fees impact the General Fund.

CEQA ANALYSIS

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ADOPTION OF RESOLUTION APPROVING AND ADOPTING A PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(J)
- 2 -
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the adoption of an administrative budget and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Resolution No. 3055 Administrative Budget for Period July 1 2026 through June 30 2027 ROPS

Page 237 of 355 ends

RESOLUTION NO. 3055

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED SHAFTER

COMMUNITY DEVELOPMENT AGENCY, APPROVING AND ADOPTING A
PROPOSED ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2026 THROUGH JUNE 30, 2027, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(J)
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Shafter became the successor agency to the Shafter Community Development Agency (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and
WHEREAS, pursuant to Health and Safety Code Section 34179(j), on July 1, 2018 a single oversight board, staffed by the County Auditor-Controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Shafter Community Development Agency, and
WHEREAS, Health and Safety Code Section 34177(j) requires the Successor Agency to prepare a proposed administrative budget covering each 6-month period, and submit it to the oversight board for approval; and
WHEREAS, pursuant to Health and Safety Code Section 34177(k), upon approval of the administrative budget by the oversight board, the Successor Agency is required to provide administrative cost estimates, from the approved administrative budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Kern County Auditor-Controller for each fiscal period covered by the administrative budget; and WHEREAS, pursuant to Health and Safety Code Section 34171(b), the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) per fiscal year, unless the oversight board reduces this amount or the lesser amount is agreed to by the successor agency; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR

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

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

Section 2. Approval of Proposed Administrative Budget. The Board of Directors of the Successor Agency hereby approves and adopts the proposed administrative budget covering the two six-month periods from July 1, 2026 to June 30, 2027, in substantially the same form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.

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Shafter City Council Resolution No. 3055
December 16, 2025

Page 2 ends

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

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

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Shafter City Council Resolution No. 3055
December 16, 2025

Page 3 ends

EXHIBIT A

PROPOSED ADMINISTRATIVE BUDGET
[Attached behind this page]

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Shafter City Council Resolution No. 3055
December 16, 2025

Page 4 ends

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

Actual prior year property tax distributed to the successor agency (2024-25): $ 1,457,450 Less: city loan repayments: -
Less: administrative cost allowances:
(250,000)
PY Net Property Tax:
1,207,450

1. 3% net Property Tax - limit: $ 36,224

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

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

4. 50% PY Net Property Tax - hard limit: $ 603,725

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

6. In Compliance? YES
EXPENSE ANNUAL 7/1/26 - 12/31/26 1/1/27 - 6/30/27

CLASSIFICATION BUDGET BUDGET BUDGET
(A) TOTAL BUDGET $ 250,000 $ 125,000 $ 125,000

Page 241 of 355 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Brian Knox, Assistant Chief of Police
SUBJECT: DECLARATION OF SURPLUS EQUIPMENT AUTHORIZATION

RECOMMENDATION
Council find that the action is not defined as a “project” under Section 15378(b)(4) of the CEQA Guidelines; declare the list of equipment in this item as surplus property; authorize the sale or disposal of said items through a public sale process or auction as necessary.

BACKGROUND
The Police Department routinely retires patrol vehicles that have become costprohibitive to maintain or are no longer suitable for emergency service. The City Council has already approved the purchase of replacement vehicles, which are currently undergoing outfitting for patrol use.

Police patrol vehicles are subject to intensive daily use, including high-speed driving, rapid braking, and emergency maneuvers. Over time, these conditions cause accelerated wear on critical components, reducing vehicle safety and reliability. When aging patrol vehicles fail to perform as expected, they pose risks to both public safety and officer performance, while increasing the City’s exposure to liability.

Units #110 and #111, both 2011 Ford Crown Victoria Police Interceptors, have surpassed their useful life. Unit #110 has accrued $11,142.93 in maintenance costs to date, while Unit #111 has incurred $10,019.17. Both vehicles exhibit exterior degradation, including peeling paint and decals, which adds to ongoing maintenance concerns. Additionally, the discontinuation of the Ford Crown Victoria line in 2011 has made parts more expensive and harder to source.

Staff recommends that these two vehicles be declared surplus and disposed of through sale or salvage, as appropriate.

FISCAL IMPACT
No budget adjustment is required for this item. Any revenue generated from the sale or salvage of the surplus vehicles will be deposited into the appropriate General Fund or enterprise operations account, consistent with standard City procedures.

Page 242 of 355 ends

DECLARATION OF SURPLUS EQUIPMENT AUTHORIZATION
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of a surplus equipment authorization and the sale and disposal of two police interceptors and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS
None

Page 243 of 355 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Kyle Ditty, Finance Analyst II
SUBJECT: DELEGATED MAINTENANCE AGREEMENT FOR STREET

SWEEPING WITH DEPARTMENT OF TRANSPORTATION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; authorize the Finance Director or Public Works Director to sign the Delegated Maintenance Agreement with the Department of Transportation, increasing cost reimbursement collected annually from $2,739.10 to $11,268 for the service of street sweeping for the route Central Valley Highway from E. Euclid Ave to W. Tulare Ave. A length of Approximately 0.85 miles (1.5 curb miles).

BACKGROUND
Shafter has been entered into a Delegated Maintenance Agreement ("DMA") with the Department of Transportation providing a street sweeping service for the State. As part of the agreement, the State offers reimbursement for the City's costs for the service provided. Shafter has not increased its expense reimbursement request for the service of street sweeping for the route Central Valley Highway from E. Euclid Ave to W. Tulare Ave since July 1987. The increased reimbursement will cover Shafter's cost for providing the service.

FISCAL IMPACT
Approving the DMA will generate an additional yearly cost reimbursement of $8,528.90 for street sweeping.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a delegated maintenance agreement for ongoing street sweeping within State right-of-way and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

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DELEGATED MAINTENANCE AGREEMENT FOR STREET SWEEPING WITH DEPARTMENT OF

TRANSPORTATION
- 2 -

1. Shafter DMA Street Sweeping

Page 245 of 355 ends

Rev. 09/2025
TR 06-6-DL06
1 DELEGATED MAINTENANCE AGREEMENT
WITH the CITY of SHAFTER
This Delegated Maintenance Agreement (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”) and the City of Shafter (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. This AGREEMENT will identify the specific maintenance functions the LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’s jurisdictional limits as authorized under Streets and Highways Code Section 130.

2. The PARTIES executed a prior Delegated Maintenance Agreement dated 11/17/ 1987. This AGREEMENT supersedes supersede the prior Delegated Maintenance Agreement. The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.

OPERATIVE PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A to keep the facilities in a safe and operational condition. Maintenance Operations include but are not limited to litter, debris, and graffiti removal.

2. Prior Delegated Maintenance Agreements. This AGREEMENT supersedes the PARTIES’ prior Delegated Maintenance Agreement dated 11/17/1987.

The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.

3. Maintenance Standards. LOCAL AGENCY shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

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2 4. Maintenance Areas and Services. LOCAL AGENCY shall only perform those maintenance services in the STATE right of way locations described in Exhibit A.

5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibit A that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 6 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.

7. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 6 Area Maintenance Superintendent, as shown in Exhibit B at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His/Her email and phone number are listed on Exhibit B. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a sweeping schedule.

Maintenance services shall be provided at a minimum weekly basis.

Maintenance services shall be performed between the hours of 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the State Representative, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 9:00 a.m. or after 3:00 p.m. and/or weekends and holidays.

10. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibit A and amounts appropriated to STATE have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

11. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT.

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3 12. Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibit A may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.

13. Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibit A. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

14. Billing, Payment and Reporting.

14.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (quarter) beginning after the first (quarter) LOCAL AGENCY has performed maintenance services under this
AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.

14. 2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s AGREEMENT number;
(b)Date(s) of services;
(c) Location of services;
(d)Number of hours and hourly rates;
(e)Receipts for trash disposal; and
(f) Receipts for equipment, materials, and supplies.

STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibit A.

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4 15. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

16. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 6 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT.

17. 18. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.

LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. STATE’s maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the STATE’s (Caltrans) Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.

19. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit A.

20. Legal Relations and Responsibilities.

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5 20.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

20.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.

20.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the STATE’s Area Maintenance Superintendent within twenty-four (24) hours when any such incident has occurred.

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6 21. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

22. Insurance. LOCAL AGENCY and its contractors and subcontractors shall maintain in force during the term of this AGREEMENT a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

23. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE’s District Office.

24. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. Either PARTY may terminate this AGREEMENT upon Thirty (30) days’ prior written notice to the other PARTY.

25. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT. 26. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

27. Default. If a PARTY fails to perform obligations assumed under this agreement, the non-defaulting PARTY may by written notice request that the default be remedied within thirty (30) calendar days. if the defaulting PARTY fails or refuses to do so, the non-defaulting PARTY may complete the obligations and seek reimbursement from the defaulting PARTY who shall pay the invoice within thirty (30) calendar days. If there is an

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7 immediate threat to maintain the structural integrity of, or prevent imminent danger of destruction to, the features shown on Exhibit A, either PARTY may perform necessary maintenance or remedial measures to maintain the structural integrity and/or prevent destruction of the features without notice or delay.

28. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

29. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

30. Party Representatives and Notices. All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses listed on Exhibit B.

City Clerk

THE CITY OF SHAFTER

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Dated: Dated:

Mayor/Chairman John Liu, Deputy
District 6 Director
Maintenance and
Operations
APPROVED:

Dated:

City Manager

Dated:

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Page 1 of 1 ends

EXHIBIT A

DELEGATION OF MAINTENANCE
Route
No.

Length
Miles
Description of Routing Program
Delegated
Maximum Annual
Authorized
Expenditure
43 0.85
Central Valley Highway from E.

Euclid Ave (PM 16.429) to W.

Tulare Ave (PM 17.277) a length
of approximately 0.85 mile (1.5
curb mile)
HM2D
(Sweeping) $11,268

The above figures are based on
91 hours of sweeping time
annually and 1.75 hours
sweeping time weekly.

TOTAL ANNUAL MAXIMUM AUTHORIZED EXPENDITURE:

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EXHIBIT B
Party Representatives and Notices.

LOCAL AGENCY’s Project Manager : ______________________ STATE’s DMAC is: Daniel Lum__________________________________ All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:

LOCAL AGENCY
Attn: Name of Project Manager: ___________________________ Address: __________________________________________________ City, Zip: __________________________________________________ STATE
Attn: Name of DMAC: Daniel Lum__________________________ Address: 1352 W. Olive Avenue_____________________________ City, Zip: Fresno, CA 93728__________________________________ Name of Area Maintenance Superintendent: Domenico Caminiti ____________________________________________________________ Telephone Number: (661) 758-3252___________________________ Email Address: [email protected]_______________

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: WELL NO. 22 AND NO. 23 DRILLING PROJECT BID

AUTHORIZATION

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; approve request for proposal documents for the drilling of Well No. 22 and No. 23; and authorize the release of said projects for formal bid purposes.

BACKGROUND
In 2020, the City drilled a test well on a City-owned parcel in North Shafter to evaluate water quality and production capacity. The results confirmed the site's viability for development of a municipal production well. Dee Jaspar & Associates subsequently completed a full feasibility study and were later authorized by Council to prepare construction plans and specifications for the Well 22 production well. Design for Well 22 is now complete, including drilling specifications, casing details, geological parameters, and testing requirements. Well 22 serves as the base bid project for the upcoming public bidding process.

In addition, to strengthen water system reliability and provide additional capacity, the City initiated the development of Well No. 23 at a second site identified in the City's long-term water supply planning. Engineering design work, including site evaluation, drilling specifications, and construction document preparation, has now been fully completed.

Similar to Well 22, Well 23 has been designed to meet system demands, improve pressure zones, and provide redundancy for aging wells nearing the end of their useful life. Staff recommends including its construction as a Bid Alternate within the Well No. 22 bid package. This approach offers several advantages:
• It allows the City to evaluate combined pricing from qualified well drillers. • It provides flexibility to award Well 23 only if bid pricing is favorable and within available CIP funding.
• It keeps both well projects aligned in schedule, permitting, and technical requirements.

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WELL NO. 22 AND NO. 23 DRILLING PROJECT BID AUTHORIZATION - 2 -
The next step is to advertise both projects for competitive bids in accordance with the City of Shafter's bidding and procurement policies. Award of the base bid and any bid alternates will be brought forward to the City Council for consideration after bids have been received, and will be subject to overall bid results, available funding, and Council direction.

FISCAL IMPACT
The action is only to authorize bidding; no budget action is required at this time. Any budget action, if needed, will be brought to the Council with the requested award of the contract.

CEQA ANALYSIS
This project is categorically exempt from the CEQA under Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines because the project is the construction and location of a limited number of new, small structures, namely two new wells, that are similar in scale and intensity as the example projects described in Section 15303.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Well 22 and 23 Drilling Plans

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WELL NO. 22 DRILLING OF A MUNICIPAL WATER WELL

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© 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TMAP MOBILITY Earthstar Geographics SIO WELL 22 SITE PLAN
WELL NO. 22

DRILLING OF A MUNICIPAL WELL

CITY OF SHAFTER

KERN COUNTY, CALIFORNIA
2

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WELL 22 CROSS SECTION
WELL NO. 22

DRILLING OF A MUNICIPAL WELL

CITY OF SHAFTER

KERN COUNTY, CALIFORNIA
3

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ADSORBER ADSORBER PV-1 PV-2

EL EL EL
BID ALT - WELL 23 SITE PLAN
WELL NO. 23

DRILLING OF A MUNICIPAL WATER WELL

CITY OF SHAFTER

KERN COUNTY, CALIFORNIA
4 Know what's below. Call before you dig.

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BID ALT - WELL 23 CROSS SECTION
WELL NO. 23

DRILLING OF A MUNICIPAL WATER WELL

CITY OF SHAFTER

KERN COUNTY, CALIFORNIA
5

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: SHAFTER AQUATIC CENTER IMPROVEMENT PROJECT (CIP PF00002) NOTICE OF COMPLETION

RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept the public improvements completed for the Shafter Aquatic Center Improvement Project (CIP PF00002); authorize the Deputy Public Works Director to file a Notice of Completion and acceptance of work for said improvements.

BACKGROUND
On December 5, 2023, the City Council awarded a construction contract in the amount of $2,842,500 to James E. Thompson, Inc., doing business as JTS Construction, for the Shafter Aquatic Center Improvement Project (Capital Improvement Program Project No.

PF00002). This project represented the final component of the Clean California Grant that was awarded to us.

The project scope included replacement of the facility’s pumping, heating, and filtration systems, replastering of the competition and children’s pools, and reconstruction of the concrete deck, area lighting, and related mechanical systems. The project was originally budgeted at $3,000,000, consisting of $2,406,250 in Clean California Grant funds and $593,750 in General Fund contributions.

Construction began in January 2024 following issuance of the Notice to Proceed. As the project progressed, several change orders were issued to address unforeseen site conditions and incorporate operational upgrades. These included installation of new pool area lighting, complete electrical rerouting within the mechanical room, new pool handrails, updates to the pool water chemistry controller, demolition to allow for increased pool deck thickness, rerouting of pool lighting conduit, replacement of auto-fill lines, and installation of a new diving board and stand. Additional scope items included installation of permanent outdoor showers, compaction of the building pad for a future building, and expanded mechanical room improvements.

During demolition of the previous building, two underground vaults, abandoned in place during a renovation approximately 30 years earlier, were discovered, one of which was located directly beneath the facility’s electrical panel. Mitigation involved removal of the vaults and recompaction of the surrounding area, based on recommendations from a

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SHAFTER AQUATIC CENTER IMPROVEMENT PROJECT (CIP PF00002) NOTICE OF

COMPLETION
- 2 -
geotechnical consultant and the City Building Official, to enable relocation of electrical service and future building construction.

In June 2024, the City Council approved the use of $700,000 in Federal American Rescue Plan Act (ARPA) funds to support the construction phase of the project.

However, due to timing and federal deadlines associated with ARPA, those funds were reassigned to another eligible capital project to ensure timely expenditure. To maintain full funding of the aquatic center improvements, an equivalent amount of General Fund dollars, originally budgeted for the alternate project, was reallocated to this project.

All work was completed in accordance with the approved plans and specifications and was deemed substantially complete as of May 14, 2025. A Notice of Completion has been prepared for recordation with the County Recorder’s Office, consistent with Public Contract Code requirements. The total cost of the project, including construction, change orders, design, materials testing, and administrative costs, was $3,759,112.63.

FISCAL IMPACT
The total cost of the Shafter Aquatic Center Improvement Project (CIP PF00002) is $3,759,112.63, including construction, approved change orders, design services, materials testing, and administrative expenses.

The total project budget is $3,700,000. The difference between the final cost and the budgeted amount is less than five percent. As such, no official budget action is required to close out the project.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a notice of completion and acceptance of work for a project that has already been environmentally cleared and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. Notice of Completion - Shafter Aquatic Center Improvement Project

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RECORDING REQUESTED BY, FOR THE

BENEFIT OF, AND WHEN RECORDED
MAIL TO:

CITY CLERK

CITY OF SHAFTER
336 PACIFIC AVENUE
SHAFTER, CALIFORNIA 93263

ABOVE SPACE FOR RECORDER'S USE
NO RECORDING FEE PURSUANT TO GOVT CODE 27383

NO DOCUMENTARY TRANSFER TAX PURSUANT TO
CALIFORNIA REVENUE & TAXATION CODE 11922
“EXEMPT FROM THE FEE PER GC 27388.1 (A)(1)
PAYMENT OF RECORDING FEES EXPRESSLY EXEMPTED BY LAW.”

NOTICE OF COMPLETION

AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN that work has been completed on that certain project for the construction of “SHAFTER AQUATIC CENTER IMPROVEMENT PROJECT” in the City of Shafter on MAY 14, 2025, and that said project was authorized for acceptance by this Agency on DECEMBER 16, 2025. The undersigned Agency owns the following interest in the public improvements installed: own, operate, maintain, repair, and replace public facility improvements including a swimming pool, children's pool, concrete decking, area lighting, and all associated plumbing and mechanical equipment at the Shafter Aquatic Center at 269 Poso Avenue in Shafter, County of Kern.

The contractor on said project was JAMES E. THOMPSON, INC., DBA JTS CONSTRUCTION. Refer to the approved plans for all information relating to said project.

The address of the undersigned Agency is Shafter City Hall, 336 Pacific Avenue, Shafter, California 93263.

CITY OF SHAFTER
________________________________________ _________________________ Alex Gonzalez, P.E. Date
City of Shafter, Public Works Director

ATTEST:
_______________________________________
Yazmina Pallares, City Clerk
I certify under the Penalty of Perjury under the laws of the State of California that the foregoing is true and correct. _______________________________________
Alex Gonzalez, P.E
Public Works Director
Executed on ____________________________ at Shafter, California.

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO.
0815 (ANNEXATION NO. 1) ORDINANCE ADOPTION

RECOMMENDATION
Council find the action is not defined as a “project” per section 15378 of the CEQA Guidelines; introduce for second reading and adopt Ordinance No. 773, an Ordinance of the City Council of the City of Shafter, California, Acting in its Capacity as the Legislative Body of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California, Authorizing the Levy of a Special Tax in Such Community Facilities District, Including Certain Annexation Territory Identified as Annexation No. 1.

BACKGROUND
The project is a continuation of development in the community known as Gossamer Grove, located in proposed Tract 7421 owned by Lennar Homes of California, LLC and includes approximately 17.66 gross acres. The proposed development will include 97 single family detached homes. The project was conditioned to create a maintenance district to provide funds to maintain parks, landscaping, parkways, trails, median islands, public lighting and street lights to be included within the tract development and it was determined that annexation to the City’s Community Facilities District No. 0815 (“CFD No. 0815”) maintenance community facilities district would be utilized for this purpose. With the assistance of the City’s special tax consultant, Koppel & Gruber Public Finance, an Amended Rate and Method of Apportionment (“RMA”) was created for the proposed Annexation No. 1 which determined how the properties located within the boundaries of Annexation No. 1 will be charged and the annual special tax charges.

In addition, an analysis of the maintenance costs was completed to determine the special tax rates. This analysis determined annual operation and maintenance costs of $48,794.88 for the proposed improvements. These costs are proposed to be spread amongst the proposed total of 97 residential lots within Annexation No. 1. The special tax charge per lot is effective as of Fiscal Year 2025-2026 at a rate of $503.04 per year.

Similar to the City’s landscape and lighting district the Annexation No. 1 special tax rates will be subject to a consumer price index increases of up to 4.0% if deemed necessary each year starting in Fiscal Year 2026-2027.

FISCAL IMPACT

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PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815 (ANNEXATION NO. 1) ORDINANCE ADOPTION - 2 -
There is no fiscal impact with this item because the developer provided a cash deposit to cover the annexation proceeding costs. Annexation No. 1 would begin collecting special taxes effective Fiscal Year 2026-27 and the costs of the ongoing administration will be paid for through the levy of the special taxes.

CEQA ANALYSIS
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the lead agency, determined that the resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Ordinance No. 773

2. Shafter CFD 0815 Annexation 1 - Notice of Continued Public Hearing 11-18-25

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17236.00203\44326762.1
ORDINANCE NO. 773

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815, COUNTY OF KERN,

STATE OF CALIFORNIA AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH

COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 1
WHEREAS, the City Council (the “City Council”) of the City of Shafter, California (the “City”), acting in its capacity as the legislative body of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (the “District”) has initiated proceedings, held a public hearing, conduction and election and received a favorable vote from the qualified electors authorizing the levy of special taxes on parcels of taxable property in the territory identified as Annexation No. 1 (“Annexation Territory’) therein for the purpose of providing certain services, which are necessary to meet increased demands placed upon the City as a result of the development of said real property in the Annexation Territory; and WHEREAS, the amended rate and method of apportionment of special tax for the Annexation Territory within the District is set forth in Exhibit “B” to the City Council Resolution No. 3045, which was adopted on October 7, 2025 (the “Resolution”); and WHEREAS, following an election of the qualified electors in the Annexation Territory, the City Council, on December 2, 2025, adopted a resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

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

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

Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the Annexation Territory of the District, pursuant to Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”), at the rate and in accordance with the amended rate and method of apportionment of special tax set forth in the Resolution, which rate and method is by this reference incorporated herein. The special tax is hereby levied commencing in Fiscal Year 2025-26 in the Annexation Territory, and in each fiscal year thereafter to pay for the services to be provided in the Annexation Territory and the costs of administering the Annexation Territory.

A special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2024-25 pursuant to Ordinance No. 761 (the “Original Ordinance”) passed and adopted by the City Council on December 3, 2024. The addition of the Annexation Territory does not affect the special tax rates applicable to the original territory in the District.

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17236.00203\44326762.1
Shafter City Council Ordinance No. 773
December 16, 2025

Page 2 ends

2 Section 3. The City Manager of the City, or designee, is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution or the Original Ordinance, as applicable.

Section 4. Exemptions from the levy of the special tax shall be as provided in the Resolution or the Original Ordinance, as applicable and the applicable provisions of the Act.

In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution or the Original Ordinance, as applicable.

Section 5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution or Original Ordinance, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the applicable special tax.

Section 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Kern in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Kern for Fiscal Year 2025-26 and for each fiscal year thereafter until no longer required to pay for the services or until otherwise terminated by the City.

Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the Annexation Territory, shall not be affected.

Section 8. This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.

The foregoing ordinance was introduced and the title thereof read at the regular meeting of the City Council the 2nd day of December, 2025 and by unanimous vote of the City Council members present, further reading was waived.

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17236.00203\44326762.1
Shafter City Council Ordinance No. 773
December 16, 2025

Page 3 ends

3 PASSED, APPROVED AND ADOPTED this 16th day of December, 2025.

Chad Givens, Mayor Date

Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:

Marco A. Martinez, City Attorney Date

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17236.00203\44383375.1

NOTICE OF CONTINUED PUBLIC HEARING ON RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SHAFTER DECLARING INTENTION TO

ANNEX TERRITORY TO CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0815 (ANNEXATION NO. 1)
NOTICE IS HEREBY GIVEN that on November 18, 2025, the City Council (the “City Council”) of the City of Shafter (the “City”) opened and did continue the public hearing on Resolution No. 3045 (the “Resolution”), declaring the intention of the City Council to annex territory to the City of Shafter Community Facilities District No. 0815, County of Kern, State of California (the “CFD No. 0815”), to December 2, 2025 in the Council Chambers, 336 Pacific Avenue, Shafter, CA 93263, at which time the City Council will hear the testimony of all interested persons for or against the annexation of said territory to CFD No. 0815 or the levying of special taxes within such territory to pay the costs of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property.

The Resolution provides in summary as follows:

1. The City Council declared its intention to conduct proceedings for the annexation to CFD No. 0815 of the territory described in Exhibit “A” to the Resolution. The City Council determined that the public convenience and necessity require that such territory be annexed to CFD No. 0815.

2. The territory which is included in CFD No. 0815 is described on the map of the Community Facilities District recorded in Book 0001 of Maps of Assessment and Community Facilities Districts, pages 0192 in the office of the County Recorder for the County of Kern, State of California, Instrument No. 224130816. The territory proposed to be annexed to CFD No. 0815 (“Annexation No. 1”) is described on the map thereof entitled “Annexation Map No. 1 (Tract 7421) of the City of Shafter Community Facilities District No. 0815, County of Kern, State of California,” which is on file with the City Clerk of the City (the “City Clerk”).

3. The types of public services to be provided within CFD No. 0815 are as follows:
(a) maintenance and lighting of parks, parkways, streets, roads and open space; (b) maintenance of recreational facilities, and (c) any other services authorized to be financed pursuant to the Act, (d) costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and reasonable costs otherwise incurred in order to carry out the authorized purposes of the annexed territory to CFD No. 0815.

Annexation No. 1 is proposed to provide and finance the same services as defined above. The services described above shall be provided, as needed, throughout CFD No. 0815 and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of CFD No. 0815 and the territory proposed to be annexed thereto. The services to be provided and financed by CFD No. 0815, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within CFD No. 0815 and the territory proposed to be annexed thereto.

4. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided above and the annual administrative expenses of the City and CFD No. 0815 in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to CFD No. 0815. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

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17236.00203\44383375.1
-2 -
However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed annexed territory of CFD No. 0815 by more than ten percent (10%). The amended rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” of the Resolution, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the territory proposed to be annexed to CFD No. 0815 to clearly estimate the maximum amount that such person will have to pay for the authorized services..

5. Notice is given that on December 2, 2025 at 6:00 o’clock p.m., or as soon thereafter as the matter may be heard, the City Council will hold a continued public hearing in the regular meeting place of the City Council being the Council Chambers of the City Council, located at 336 Pacific Ave, Shafter, California 93263 where this City Council will consider the annexation of territory to CFD No. 0815, the proposed method and apportionment of the Special Tax, and all other matters as set forth in the Resolution. That at the above-mentioned time and place for the continued public hearing any persons interested, including taxpayers and property owners, may appear and be heard, and that the testimony of all interested persons for or against the annexation of territory to CFD No. 0815, or the financing of the public services, will be heard and considered.

Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the continued public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the continued public hearing.

If a written majority protest against the annexation of territory to CFD No. 0815 is filed, the proceedings shall be abandoned. If such majority protest is limited to certain public services or portions of the special tax, those services or that tax shall be eliminated by the City Council.

If, following the continued public hearing, the City Council determines to complete the annexation of territory to CFD No. 0815, the City Council shall then submit the levy of the special taxes to the qualified electors of the territory proposed for annexation to CFD No. 0815. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the territory proposed for annexation to CFD No. 0815 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the territory proposed for annexation to CFD No. 0815, with each voter having one (1) vote.

Otherwise, the vote shall be by the landowners of the territory proposed for annexation to CFD No. 0815 who were the owners of record at the close of the subject hearing, with each such landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the territory proposed for annexation to CFD No. 0815.

The Resolution contains other provisions which are not summarized above, including the Rate and Method of Apportionment. A complete copy of the Resolution of Intention may be reviewed or obtained at the office of the City Clerk at 336 Pacific Ave, Shafter, California 93263 during normal business hours.

If you wish to challenge the City’s action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Office of the City Clerk at or prior to the public hearing.

DATED: November 18, 2025

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17236.00203\44383375.1
-3 -
/s/ Yazmina Pallares
Yazmina Pallares, City Clerk
City of Shafter, County of Kern

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT:

SUBJECT: CHESS GARDEN BID ACCEPTANCE AND BUDGET

AMENDMENT

RECOMMENDATION
Council find the action is not defined as a "project" under Section 15378(b)(4) of the CEQA Guidelines; accept the low bid from S&B Sons, Inc. in the amount of $341,110.23 for the Shafter Library & Learning Center Chess Garden Project; and approve a budget amendment to increase project funding by $100,000 (to $350,000 total) from General Fund Reserves.

BACKGROUND
On October 21, 2025, the City Council approved a budget amendment to allocate $250,000 from General Fund Reserves for the construction of the Chess Garden Project at the Shafter Library & Learning Center. This action followed repeated delays with Kern County’s administration of Community Development Block Grant (CDBG) funding, and allowed the project to proceed under the City’s own procurement policies.

The project converts an underutilized space on the southeast side of the Library into a shaded outdoor gathering area with concrete chess tables, seating, landscaping, and decorative fencing. The construction documents were prepared by Wynn-Smith Landscape Architecture.

Following Council direction, Staff advertised the project for public bid. Bids were opened on November 14, 2025. Two bids were received:
• S&B Sons, Inc.: $341,110.23 (low bid)
• Proffitt Construction: $506,512.89
The bid submitted by S&B Sons, Inc. was reviewed for completeness and responsiveness and was found to meet all requirements of the bid solicitation. No changes have been made to the project scope since Council’s October 21, 2025, action.

Because the low bid exceeds the previously approved budget, a supplemental

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CHESS GARDEN BID ACCEPTANCE AND BUDGET AMENDMENT
- 2 -
appropriation of $100,000 from General Fund Reserves is recommended. This provides adequate contingency for award and administration of the contract.

FISCAL IMPACT
The October 21, 2025 action allocated $250,000 from General Fund Reserves for this project. Acceptance of the low bid and award of contract to S&B Sons, Inc. will require a budget amendment of $100,000, increasing the total budget to $350,000. This action is a one-time cost and will not result in ongoing expenses beyond those anticipated for landscape and facility maintenance.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the acceptance of a bid and budget amendment for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Chess Garden Bids

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5h*L,

PUBLIC W()RKS
City of Shafter Representatives:

Plan Holders Present (check if contractor attended Bid Opening) Present Bid Bond
City of Shafter Library & Learning Center Chess Garden

BID OPENING
Friday, November 14, 2025
1l:00 AM
7 PUBLIC WORKS DEPARTMENT
720 Commerce Way, Shafter, CA93263
(661) 746-s004
BID
\
\
x c
X
XxL
$
$
$
$
$
$
$
$
$
$
$

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: David Franz, Community Services Director
SUBJECT: LIBRARY PRIVACY POLICY REVISION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; approve and adopt the revised Shafter Library & Learning Center (SLLC) Privacy Policy, attached to this report.

BACKGROUND
On February 1, 2022, the City Council approved an initial privacy policy for the Shafter Library & Learning Center, following the Library's transition to City operation. That policy established a strong foundation for protecting user data, in line with California State law and professional best practices.

The original policy, however, did not address the use of text messaging as a communication method. As a result, library users could not receive text-based notifications for overdue materials, reserved item availability, or other account-related notices. Additionally, the policy did not clearly define how privacy protections would extend to third-party vendors involved in library services.

In response to these gaps, Staff has developed a revised privacy policy that:
• Explicitly allows for the use of text messaging to communicate with patrons, without requiring it;
• Clearly explains the role of third-party vendors in handling user data; • Uses a question-and-answer format to improve readability and transparency for the public.

FISCAL IMPACT
No fiscal impact.

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 of revisions to the library privacy policy and

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LIBRARY PRIVACY POLICY REVISION
- 2 -
therefore, it is considered general policy and procedure making and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS

1. The Shafter Library & Learning Center Privacy Policy

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The Shafter Library & Learning Center Privacy Policy
General Privacy Statement
Your privacy is important to us and we do everything we can to protect and respect your personal information and keep your library records confidential. The library strives to collect the least amount of personally identifiable information we can and avoids creating unnecessary records. The library does not share your personally identifiable information with third parties unless served with a valid subpoena, national security letter, or warrant to do so.

The Library follows California State Law which requires all public libraries in California to protect the privacy of user records.

What Information Does the Library Collect?
The library collects both personally identifiable information (PII) and anonymous information in order to provide library service to users.

Personally Identifiable Information (PII)
Personally identifiable information is any information that could potentially identify a specific individual.

The library strives to collect the least amount of personally identifiable information possible in order to provide services. The personally identifiable information collected by the library could include:
● Name
● Address
● Telephone Number
● Email address
● Date of Birth
● Library barcode number
● Items currently checked-out, requested, canceled holds, and interlibrary loans ● Overdue items (until returned)
● Fine history
● Sign-up information for library classes and events
● Security camera footage (both inside and outside of the library) ○ Note: This footage is only available to view by supervisory staff at the city, including the Shafter Police department. For outside organizations, a valid subpoena, national security letter, or warrant is required to view.

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Anonymous Information
Anonymous information is information that does not specifically identify an individual. The anonymous information collected by the library could include:
● URL (uniform resource locator) of the website you visited previous to the library’s website ● Domain names and/or IP addresses (numbers automatically assigned to your computer whenever you are connected to the internet)
● The browser version you are using to access the web site ● Hardware and software type and language
● Cookie data
● Date and time of requests
● Demographic data
● Interaction data
● Page Views, click data, and navigation flow
Who has Access to Collected Information?
All library user records are confidential, and SLLC does not sell, rent, or distribute personally identifiable information to third parties for marketing purposes. Library records may only be disclosed to:
● Library staff performing job duties
● Cardholders upon proof of identity
● Anyone with the library card number
● Authorized library vendors
● Law enforcement with a valid subpoena, national security letter, or warrant How Does the Library Use My Information?
Personal data is used solely for library-related functions, including:
● Managing user accounts, borrowing activity, and communication about library services. ● Improving library programs, services, and website functionality. ● Complying with legal and financial obligations (e.g. lost items). ● Notifying patrons of upcoming programs, service changes, or account-related updates.

SLLC does not use patron data for commercial purposes or targeted advertising.

How is My Data Stored?
The library does not keep a record of your activities on any public computer or on our wireless network.

Any record of browsing history and activities on our public computers or wireless network are removed when you log out or disconnect.

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Use of Cookies and Digital Privacy
SLLC’s website and digital platforms may use cookies to improve functionality and user experience.

Cookies help:
● Authenticate users for access to digital resources.
● Customize website experiences based on user preferences. ● Collect anonymous statistical data on website usage.

Users may disable non-essential cookies in their browser settings, though this may limit access to certain library services.

Data Security Measures
The library takes reasonable steps to ensure data security, including:
● Encrypting and protecting personal information stored in digital systems. ● Limiting access to patron data to authorized staff members only. ● Regularly purging or anonymizing old records that are no longer needed. ● Wiping all usage data from chrome books after returning.

Despite these efforts, SLLC cannot guarantee absolute security. Users should take precautions when using public computers or unsecured networks. Cardholders should inform the library immediately if their library card is lost or stolen.

Third Party Vendors
SLLC uses third-party providers and technology to deliver services and content such as databases, eBooks and eAudiobooks, and communication about library programs, services and patron accounts. When you leave the library website, your interaction with these systems will be governed by their individual privacy policies. We have provided links to individual privacy policies and terms of statements for a majority of our third-party vendors for your review. Inquire with the vendors directly if you have any specific questions about their data collection and management policies.

Retention of Records
SLLC retains records only for as long as needed for operational purposes. Borrowing history is not stored unless patrons opt in to track their reading history. Other personal information, such as account details and fines, is retained only as necessary for account management and legal compliance.

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What are My Rights to Access, Correct, and Delete My
Personal Data and My Child’s Personal Data?
SLLC patrons have the right to access their personal information and request updates, corrections and deletions, subject to legal and financial record-keeping requirements. Patrons can do this by:
● Calling the library at 661-746-5055.
● Emailing the library at [email protected]. ● Visiting the library and speaking to staff.

Children’s Privacy
The safety and privacy of children is very important to the library. Parents or guardians may access a minor’s borrowing records only if they provide the child’s library card or account credentials and show the parent’s/guardian’s ID. If the minor child is age 14 or over, the child must also be present and give verbal consent. We encourage parents to take an active role in their children’s internet use and teach them about the importance of not revealing personal information online.

Changes to This Privacy Policy
This policy may be updated periodically, only with approval by the Shafter City Council. Any significant changes will be posted on the Library’s website, and patrons will be notified where appropriate.

Contact Information
For questions or concerns about this Privacy Policy, contact:

Shafter Library & Learning Center
236 James Street
Shafter, CA 93263
Phone: 661-746-5055
Email: [email protected]
Website: shafterlearning.com

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MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Rebecca Bernal, Community Services Supervisor SUBJECT: CIVIC ENGAGEMENT WITH STUDENT COUNCILS

RECOMMENDATION
Council find that the action is not defined as a “project” under Section 15378(b)(5) of the CEQA Guidelines; approve the invitation for student councils from Grow Academy, Richland Junior High, and a subset of Shafter High School (6 students) to meet with City staff, shadow City Council at a meeting, receive City polo shirts, and participate in a trip to Sacramento to meet elected officials and tour the Capitol. Confirm that this expenditure does not constitute a gift of public funds.

BACKGROUND
For many years, the City engaged annually with Richland Junior High’s student council, providing opportunities for students to visit City Hall and the Capitol in Sacramento.

This initiative was paused due to the COVID-19 pandemic, but restarted 2 years ago with students from the Shafter High and Grow Academy student councils.

FISCAL IMPACT
Students Advisors City
Council
and Staff
Shirts
(Students
Only)
Travel:

Charter
Bus (Up
to 50
travelers)
Meals
per Diem
(Max first
day rate
$64)
Total
Richland
Jr. High
6 1 0 $150 0 $448 $598
GROW
Academy
9 1 0 $225 0 $640 $865
Shafter
High
6 1 0 $150 0 $448 $598
Other 0 0 1 0 0 $64 $64
Total 21 3 1 $525 $3,500 $1,600 $5,625
If approved by the City Council, this cost will be under the Community Services

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CIVIC ENGAGEMENT WITH STUDENT COUNCILS
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Community Promotions budget. The expenditure does not constitute a gift of public funds as 1) it is available to all local schools, and 2) it promotes the City of Shafter positively by involving local students in civic engagement.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of an invitation for student councils to meet with City staff, shadow City Council at a meeting, receive City polo shirts, and participate in a trip to Sacramento to meet elected officials and tour the Capitol and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS
None

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MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 16, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: ADOPT URGENCY ORDINANCE NO. 774 TO AMEND TITLE 17 (ZONING ORDINANCE) SECTION 11.200 RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN

STATE LAW

RECOMMENDATION
That the Shafter City Council (1) Waive full reading and adopt by title only Urgency Ordinance No. 774, an Urgency Ordinance of the City Council of the City of Shafter, California, amending Title 17 (Zoning Ordinance) Section 11.200 of the Shafter Municipal Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with recent changes in state law, and (2) find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080.17.

BACKGROUND
The proposed urgency ordinance (Exhibit 1) will amend Title 17 (Zoning Ordinance) Section 11.200 of the Shafter Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Except as otherwise noted, these new laws take effect on January 1, 2026.

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law as summarized below.

AB 462 – Coastal Development Permits; Disaster-Affected Areas AB 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone. Beyond changes to CDP processing, AB 462 modifies the rules governing the issuance of a certificate of occupancy (CofO) for an ADU. Historically, state law has prohibited a local agency from issuing a CofO for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a CofO before the ADU can receive one). AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following

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ADOPT URGENCY ORDINANCE NO. 774 TO AMEND TITLE 17 (ZONING ORDINANCE) SECTION 11.200 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW
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conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a CofO before the primary dwelling. In all other scenarios, the primary dwelling still needs a CofO before one can be issued for an ADU.

AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025). The following three bills were enacted as nonurgency measures and take effect on January 1, 2026.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).) AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) Most ADU ordinances already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals). But now it’s required by state law.

SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

This year’s SB 9 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days.

SB 543 – ADU Size; Number of ADUs; Impact Fees; Application Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.

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ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW
- 3 -
SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUS that are 750 square feet or smaller from development impacts fees (DIFs). SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space. The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.)
Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)–(4).

These are:

1. a converted ADU and JADU created on a lot with a proposed or existing singlefamily dwelling (Gov. Code, § 66323(a)(1));

2. a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(2));

3. converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and

4. detached ADUs created on a lot with a proposed or existing multifamily dwelling.

For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position, in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“Pursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].)
SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with

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ADOPT URGENCY ORDINANCE NO. 774 TO AMEND TITLE 17 (ZONING ORDINANCE) SECTION 11.200 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW
- 4 -
respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications. SB 543 requires local agencies to now:

1. determine whether an ADU application is complete within 15 business days of submittal;

2. if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;

3. review a resubmitted application for completeness within 15 business days;

4. provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and

5. provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
NEXT STEPS & RECOMMENDATION:

AB 462 took effect immediately when signed, but technically it doesn’t require any change to a local ordinance; the City just needs to follow the new rules for CDP processing and issuance of a CofO, if applicable. Since the city of Shafter is not within the coastal zone, AB 462 is not an issue. However, the remaining bills take effect on January 1, 2026, and for the City of Shafter’s ADU ordinance (Title 17 Section 11.200) to remain valid and enforceable, it must comply with requirements of these bills by January 1, 2026, or the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no regulation except for the few requirements imposed in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

Therefore, the proposed ordinance is an urgency measure, which means it will take immediate effect upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a planning-agency recommendation, a first reading and introduction before the Council and then a second reading at a regular Council meeting — with the ordinance taking effect 30 days following adoption. But here it is necessary for the City Council to adopt this ordinance as an urgency measure because the new ADU laws will take effect on January 1, 2026, before a non-urgency adoption would take effect.

For the above reasons, Staff recommend that the City Council adopt the proposed Urgency Ordinance No. 774 (Exhibit 1), which will ensure that the City’s ADU ordinance (Title 17 Section 11.200) remains valid and compliant on January 1, 2026.

The urgency ordinance will be followed by a non-urgency ordinance, subject to all normal procedures. A proposed Zone Code Amendment No. 25-23 is scheduled for a

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ADOPT URGENCY ORDINANCE NO. 774 TO AMEND TITLE 17 (ZONING ORDINANCE) SECTION 11.200 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW
- 5 -
duly noticed public hearing with the Shafter Planning Commission at the January 13, 2026, regular meeting. Thereafter, the zone code amendment would be considered by City Council for a first and second reading.

FISCAL IMPACT
There is no fiscal impact directly resulting from the proposed action. Indirectly, the adoption of the urgency ordinance may expedite the development of accessory dwelling units and junior accessory dwelling units. Development of residential projects typically results in increased one-time building-related revenues.

CEQA ANALYSIS
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the adoption of the proposed urgency ordinance is statutorily exempt from CEQA in that it implements state ADU law.

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Ordinance No. 774 Urgency Ordinance Amending Title 17 Relating to Accessory Dwelling Units & Junior Accessory Dwelling Units

2. Exhibit A of Ordinance No. 774

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EXHIBIT 1
ORDINANCE NO. 774

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA, AMENDING TITLE 17 (ZONING ORDINANCE) SECTION 11.200 OF

THE CITY OF SHAFTER MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs)

TO COMPLY WITH THE RECENT CHANGES IN STATE LAW, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Shafter, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Assembly Bill 462 (“AB 462”), Assembly Bill 1154 (“AB 1154”), Senate Bill 9 (“SB 9”), and Senate Bill 543 (“SB 543”), which further amend state ADU law; and WHEREAS, the new updates to state ADU law take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 462, AB 1154, SB 9, and SB 543; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and

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Shafter City Council Ordinance No. 774
December 16, 2025

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WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Shafter does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. General Plan. The City Council hereby finds that the adoption of the urgency Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

Section 4. Code Amendment. Title 17 Section 11.200 of the Shafter Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

Section 5. Effective Date. This Ordinance takes effect immediately upon its adoption.

Section 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Publication. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 16, 2025.

Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 336 Pacific Avenue, Shafter, CA 93263.

Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

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Shafter City Council Ordinance No. 774
December 16, 2025

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PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF DECEMBER, 2025. ________________________________
Chad Givens, Mayor
ATTEST:
________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
________________________________
Marco A. Martinez, City Attorney

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Shafter City Council Ordinance No. 774
December 16, 2025

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EXHIBIT A
Proposed Ordinance Changes
(follows this page)

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CITY OF SHAFTER DEVELOPMENT CODE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT. 1 Administration
lot lines of those properties are considered to be abutting, adjoining, or adjacent.

Access Corridor
A portion of the site providing access from a street and having a dimension less than the required lot width. The area of an access corridor shall not be included in determining the lot area.

Access Rights
The right, claims, title, or privilege of access, by pedestrians or vehicles, to a public road or way.

Access Road
A graded road with such improvements and of such width as required in Title 16 of the Municipal Code which provides access from a division of land to an existing maintained street or highway.

Accessory Dwelling Unit
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
 An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
 A manufactured home, as defined by section 18007 of the California Health and Safety Code.

Accessory Structure
A structure that is accessory and incidental to a dwelling located on the same lot. An accessory structure may be erected only after the principal structure is established.

Accessory Use
Any use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or premises. An accessory use may be established only after the principal use is established.

Acreage (Gross)
The total fee ownership of a parcel or land area including any easements, but excluding any existing offers of dedication, dedications, or rights-of-way.

Acreage (Net)
The land area which remains after dedication of ultimate rights-of-ways for 1) exterior boundary streets, 2) flood control rights-of-way, and 3) public parks developed to meet minimum standards. Major utility easements and rights-ofway may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the City’s minimum park land requirements.

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Administration 2
as a condition of approval precedent to the approval and acceptance of a final map or issuance of a Certificate of Occupancy. “Improvement” also refers to such other specific improvements or types of improvements, the installation of which, whether by the subdivider or developer, by private or public utilities, or by any other entity approved by the City, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Improvement Standards
The standards for improvements set forth in this and other regulations related to the development of land within the City of Shafter.

Infraction
A violation of any section of Title 17 of the Municipal Code.

Intensive Agricultural Use
Agricultural activities that typically are associated with one or more of the following impacts: strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and/or manure piles.

JADU
See “Junior Accessory Dwelling Unit.”
Junior Accessory Dwelling Unit
A residential unit that satisfies all of the following:
 It is no more than 500 square feet of interior livable space in size.  It is contained entirely within the an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
 It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.  If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the exitingexisting or proposed single family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
 It includes an efficiency kitchen, as defined here in Section 1.190.

Kennel (Commercial)
Any kennel maintained for the purpose of boarding, marketing, breeding, raising or training dogs and/or cats over the age of four months for a fee or for sale.

Kennel (Non-Commercial)
Any property where seven or more dogs and/or cats over the age of four months, are kept or maintained for the use and enjoyment of the occupant for non-commercial purposes.

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Shafter City CouncilDecember 16, 2025

Shafter City Council
December 16, 2025