Agenda, first session — McFarland City Council, January 27, 2022 (part 2 of 2)

February 1, 1998
(DLAE name)
(DLAE name)
(District office Address)
(if one has been assigned)
(Source Inspection for Project Name, County)
(phone #)
ATTACHMENT #1
Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix F - Construction Materials Accepted by a Certificate of Compliance *
Soil Amendment
Fiber
Mulch
Stabilizing Emulsion
Plastic Pipe
Lime
Reinforcing Steel
Structural Timber and Lumber
Treated Timber and Lumber
Timber and Lumber
Culvert and Drainage Pipe Joints
Reinforced Concrete Pipe
Corrugated Steel Pipe and Corrugated Steel Pipe Arches
Structural Metal Plate Pipe Arches and Pipe Arches
Perforated Steel Pipe
Polyvinyl Chloride Pipe and Polyethylene Tubing
Steel Entrance Tapers, Pipe Down drains, Reducers, Coupling Bands and Slip Joints Aluminum Pipe (Entrance Tapers, Arches, Pipe Down drains, Reducers, Coupling Bands and Slip Joints) Metal Target Plates
Electrical Conductors
Portland Cement
Minor Concrete
Waterstop
* If Caltrans Standard Specifications May 2006 is part of contract specifications.

Note: Usually these items are inspected at the site of manufacture or fabrication and reinspected after delivery to the job site.
32 ATTACHMENT #2
Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.1 - Example of a Vendor’s Certificate of Compliance 36 ATTACHMENT #3
Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.2 - Example of a Certificate of Compliance for Portland Cement (continued)
This is to certify is to certify that the
Portland Cement .

Supplied by ABC Cement Company complies with all
requirements for Type II Portland Cement when tested in accordance with ASTM C - 494.

Local Agency Project No. Albert Howakowa
HP21L – 5055 – 111 Quality Assurance Engineer
ABC Cement Company
Date: 07/07/07 .
37 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K - Examples of Materials Certificates/Exceptions (Signed by the Resident Engineer at the Completion
of the Project)
Federal-aid Project No.: Project HP21L – 5055 – 111
Subject: Materials Certification
This is to certify that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and the construction operations controlled by sampling and testing were in conformity with the approved plans and specifications. X All materials exceptions to the plans and specifications on this project are noted below.

No exceptions were found to the plans and specifications on this project.

Bill Sanders_________ Bill Sanders 7/7/07
Resident Engineer (Print Name) Resident Engineer (Signature) (Date) Note: The signed original of this certificate is placed in the Resident Engineer’s project files and one copy is mailed to the DLAE and filed under “Report of Expenditures.” See the attachment (next page)
38 ATTACHMENT #4
Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K (continued)
Attachments: Materials Exceptions (Acceptance Testing)
Type of
Test
Description
of Work
Total Tests
Performed On
the Project
Number
of Failed
Tests
Action Taken
Slump Test Concrete
Sidewal Sidewalk
8 1 When the measured slump exceeded the p exceeded the maximum limit, the entire con tire concrete load was
rejecte rejected.

Sand
Equivalent
Aggregate Aggregate
for Structural
Concrete
10 1 The tested S.E. wa The tested S.E. was 70 and the contract d the contract compliance specification liance specification was 71 minimum.

However, the concrete 28-day compressive
strength was 4800 psi. The concrete was
considered adequate and no materials
deductions were taken.

Compaction Sub grade
Material
12 1 One failed test e failed test was noted. The failed The failed area was watered and reworked. When this was
completed, a retest was a retest was performed rformed. The retest e retest was acce was acceptable.

Compaction Hot Mix Asphalt
12 1 One failed ar iled area was noted. It was reworked and retested. and retested. The sec The second test met specifications. specifications.

Bill Sanders Bill Sanders July 4, 2007
Resident Engineer (Print Name) Resident Engineer (Signature) Date 39 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix H - Example of a Log Summary Sheet
Subgrade Materials
Date CT Station Elevation Test
Results
Minimum
Spec.

Passed
or Failed
Action
Taken
5/15/07 231 1+ 00 (30’ L) 99.00 93 90 or greater Passed N/A 5/16/07 231 1+ 50 (20’ R) 100.50 94 90 or greater Passed N/A 5/17/07 231 2+ 25 (25’ R) 101.00 96 90 or greater Passed N/A 5/18/07 231 1+ 50 (30’ L) 101.50 95 95 or greater Passed N/A 5/19/07 231 2+ 50 (20’ L) 102.00 92 * 95 or greater Failed See Note 1 5/19/07 231 2+ 50 (20’ L) 102.00 95 95 or greater Passed N/A CT 231 = Compaction (Nuclear Gage)
* Note 1: The Contractor used a water tank to dampen the soil surface at the failed subgrade location. Using a sheep’s foot compactor, he reworked the subgrade (making at least 10 passes) from Station 2+ 00 to Station 3+ 00. After approximately 30 minutes, another compaction test was taken. This time the relative compaction was 95.

Aggregates and Base Materials
Date CT Station Elevation Test ResultsMinimum
Spec.

Passed
or Failed
Action
Taken
6/20/07 202 1+ 00 (10’ R) 102.50 See data
sheet
See data sheet Passed N/A
6/20/07 202 2+ 00 (20’ L) 102.50 See data
sheet
See data sheet Passed N/A
6/22/07 217 1+ 00 (10’ R) 102.50 75 25 or greater Passed N/A 6/22/07 217 2+ 00 (20’ L) 102.50 83 25 or greater Passed N/A 6/20/07 227 1+ 00 (20’ R) 102.50 86 71 or greater Passed N/A 6/20/07 227 1+ 50 (20’ L) 102.50 85 71 or greater Passed N/A 6/24/07 231 2+ 00 (20’ R) 102.50 98 95 or greater Passed N/A 6/24/07 231 2+ 50 (20’ L) 102.50 97 95 or greater Passed N/A CT 202 = Sieve Analysis, CT 217 = Sand Equivalent, CT 227 = Cleanness Value, CT 231 = Compaction (Nuclear Gage)
34 ATTACHMENT #5
Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix H (continued)
Hot Mix Asphalt
Date CT Station Elevation Test Minimum Passed or Action Results Spec. Failed Taken
7/10/07 339 1+ 00
(10’ R)
103.00 0.08 gal/
sq yd

0.05 -0.10
gal/sq yd
Passed N/A
7/10/07 366 2+ 00
(20’ L)
103.00 32 >23 Passed N/A
7/10/07 366 1+ 00
(10’ R)
103.00 41 >23 Passed N/A
7/10/07 375 2+ 00
(20’ L)
103.00 94 RC = 93 to
97 Passed N/A
7/15/07 375 1+ 00
(20’ R)
103.00 96 RC = 93 to
97 Passed N/A
7/15/07 375 1+ 50
(20’ L)
103.00 95 RC = 93 to
97 Passed N/A
CT 339 = Distributor Spread Rate, CT 366 = Stabilometer Value CT 375 = In-Place Density & Relative Compaction
Portland Cement Concrete
Date CT Station Elevation Test Minimum Passed or Action Results Spec. Failed Taken
9/25/07 504 10 + 50
(50’ R)
102.50 6.5% >6.0% Passed N/A
9/25/07 533 12 + 50
(50’ R)
102.50 1.5” <2” Passed N/A
9/25/07 518 11 + 50
(50’ R)
102.50 151 lb/cu ft > 145 lb/cu
ft
Passed N/A
9/25/07 521 10 + 50
(50’ R)
102.50 28 day =
4200 psi
>3800 psi Passed N/A
9/28/07 521 11 + 50
(50’ R)
102.50 28 day =
4290 psi
>3800 psi Passed N/A
9/30/07 521 12 + 50
(50’ R)
102.50 28 day =
4160 psi
>3800 psi Passed N/A
CT 504 = Air Content, CT 518 = Unit Weight, CT 521 = Compressive Strength, CT 533 = Ball Penetration
35 84
APPENDIX B – CONSTRUCTION PROJECT FUNDING
SIGNS

YOUR TAX DOLLARS AT WORK

REBUILDING
7” 7”
B
57”
33”
6”
3”
3”

4.25”

6.875”

1.25”
6”

6.875”

49.75”
3”

40.75”
35”
6”
4”

4.25”

23.75”

3.20”

17.45”

1.30”

40.70”

2.25”

13.7”

1.20”

26.45”

20.75” 20” 52” 26.5” 20.75”

2.50” [2] 1.50” [2]

CALIFORNIA
18” 52.50” 52” 18”

3.50”
A

55.50” 33” 55.50”
6” 38.5” 4”

4.73” 1.25”

13.88”

2.15”

12.25”

1.25”

11.5” 4” 38.5” 6”

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
1/11/19
NOTES:

1. Provided dimensions are for the 144”x90” sign. For the 96”x60” sign, calcuate each dimension by 2/3 (0.667).

For the 48”x30” sign, calculate each dimension by 1/3 (0.333).

2. Use when the project involves Senate Bill 1 funds.

COLORS: LEGEND - BLACK (ARIAL BOLD ITALIC)

BACKGROUND - WHITE AND FLUORESCENT ORANGE
SENATE BILL 1 LOGO - CMYK COORDINATES FOR SB1 LOGO ARE AS FOLLOWS:

BROWN (C 80%, M 80%, Y 80%, K 20%), LIGHT CREAM (C 0%, M 2%, Y 7%, K 0%), BLUE (C 75%, M 23%, Y 1%, K 0%), GREEN (C 90%, M 20%, Y 80%, 0%), YELLOW GOLD (C 0%, M 38%, Y 85%, K 4%), RED (C 16%, M 84%, Y 65%, K 3%) BE WORK ZONE ALERT RIBBON: PANTONE #299 BLUE AND ORANGE (SEE VECTOR GRAPHICS FILES FOR SB1 LOGO AND BE WORK ZONE ALERT RIBBON)

ALL COLORS TO BE RETROREFLECTIVE, EXCEPT FOR BLACK
C48 (CA)
A
144 90

ENGLISH UNITS
96 60
B
48 30
85 APPENDIX C – PAVEMENT INVESTIGATION REPORT
for DAVIS AVE.
700 22nd Street
Bakersfield CA 93301
P 661.327.0671
F 661.324.4218
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company Sent via email: [email protected]
BSK Project G21-029-11B
May 28, 2021
Mr. Juan Pantoja, P.E.

BHT Engineering, Inc.
218 S H Street, Suite 201
Bakersfield, California 93304
SUBJECT: Report - Pavement Investigation
Davis Avenue Rehabilitation Project
Between Elmo Highway and W. Perkins Avenue
McFarland, California
Dear Mr. Pantoja,
BSK Associates (BSK) has conducted a Pavement Investigation for Davis Avenue in McFarland, California.

Our scope of services included sampling the existing subgrade materials, laboratory testing, engineering analyses, and preparation of this report.

1.0 BACKGROUND
BSK understandsthat the site islocated in McFarland, California. BSK understandsthe road rehabilitation project is approximately 0.5 miles along Davis Avenue between Elmo Highway and W. Perkins Avenue.

BSK understandsthatthere are three optionsforrehabilitation as follows: Option 1)full-depth pavement, Option 2) pavement over aggregate base, and Option 3) pavement over soil-cement treated base. The overall location of the pavement investigation is presented on Figure 1, Site Vicinity Map.

2.0 FIELD INVESTIGATION
BSK sampled the subgrade materials and drilled to a depth of approximately 4-feet below grade using hand auger equipment on February 17,2021 at five (5) locations. BSK has presented the locations in Figure 2, Boring Location Map. The boring logs enclosed provide a more detail description of the materials encountered. BSK has presented the locations and existing pavement sections measured during the investigation in Table 1, Existing Pavement Sections.

Pavement Investigation BSK Project No. G21-029-11B
Davis Avenue Rehabilitation Project May 28, 2021
McFarland, California P a g e |2
Table 1: Existing Pavement Sections
ID
Completion
Depth (feet)
AC Thickness
(inches)
AB Thickness
(inches)
Sub-grade Soil Description
B-1 4 2.25 7.5
SM: SILTY SAND: slightly moist, yellow brown, fine
to coarse sand, subrounded, trace fine gravel, trace
clay
B-2 4 4 2
SM: SILTY SAND: slightly moist, yellow brown, fine
to coarse sand, subrounded, trace fine gravel
B-3 4 4.75 2.5
SM: SILTY SAND: slightly moist, yellow brown, fine
to coarse sand, subrounded, trace fine gravel
B-4 4 3 1
SM: SILTY SAND: slightly moist, olive brown, fine to
coarse sand, rounded to subrounded, trace fine to
coarse gravel
B-5 4 5 8
SM: SILTY SAND: slightly moist, olive brown, fine to
coarse sand, subrounded, trace fine to coarse gravel

3.0 LABORATORY TESTING
Laboratory tests were performed on bulk soil samples that BSK sampled on February 17, 2021 to evaluate fines content, soluble sulfate, moisture-density relationship, R-values, and soil cement compressive strength.

BSK performed R-Value on three (3) bulk soil samples. BSK has presented the R-Value test results in Table 2, R-Value Test Results.

Table 2: R-Value Test Results
Location R-Value
B-1 26
B-3 28
B-5 26
Surface soil samples obtained from the Site were tested to provide a preliminary screening of the potential for concrete deterioration or steel corrosion due to attack by soil-borne soluble salts. The test results are presented in Table 3, Summary of Corrosion Test Results.

Pavement Investigation BSK Project No. G21-029-11B
Davis Avenue Rehabilitation Project May 28, 2021
McFarland, California P a g e |3
Table 3: Summary of Corrosion Test Results
Sample Location Sulfate, ppm
B-2 @ 0-3 feet bgs Not Detected
B-4 @ 0-3 feet bgs Not Detected
BSK performed one (1) soil cement mix design test using 3%, 5%, and 7% cement added to sample and remolded to 95% maximum dry density per the respective moisture-density relationship tests (ASTM D1557). The test results are presented in Figures 8-10 and Table 4 below.

Table 4: Soil Cement Test Results
Location
Age
(days)
Compressive Strength (psi)
3% cement added 5% cement added 7% cement added
B-1, B-2, B-3, B-4, B-5
@ 0-5 feet bgs, combined
7 392 638 762
B-1, B-2, B-3, B-4, B-5
@ 0-5 feet bgs, combined
14 632 781 856
B-1, B-2, B-3, B-4, B-5
@ 0-5 feet bgs, combined
21 696 862 945

4.0 RECOMMENDATIONS
Conventional Pavement Section Recommendations
BSK calculated the conventional pavement section thicknesses using the average of the three subgrade RValues, 27, and Traffic Indexes of 5, 6, 7, 8, and 9. BSK has presented a summary of its pavement section thickness’ recommendations in Table 5, Conventional Pavement Section Recommendations.

Pavement Investigation BSK Project No. G21-029-11B
Davis Avenue Rehabilitation Project May 28, 2021
McFarland, California P a g e |4
Table 5: Conventional Pavement Section Recommendations
(R-Value = 27)
Traffic Index
AC Thickness
(inches)
Aggregate Base
Thickness (inches)
Total Pavement Section
Thickness (inches)
5 3 7 10
6 3 9 12
7 4 10 14
8 5 12 17
9 5 14 19
BSK recommends the contractor scarify the subgrade soil 8-inches, moisture condition it to within 2% of optimum and recompact it to at least 95% of the maximum dry density per ASTM D 1557 prior to placing the new aggregate base section. BSK also recommends the contractor moisture condition the aggregate base within 2% of optimum and compact it to at least 95% of the maximum dry density per ASTM D 1557 prior to placing the asphalt pavement section.

Soil Cement Pavement Section Recommendations
BSK recommends using soil-cement with a cement content of 3%. BSK calculated the pavement thickness using a minimum compressive strength of 300 psi, a subgrade R-Value of 27 and Traffic Indexes 5, 6, 7, 8, and 9. BSK has presented a summary of our pavement section thickness recommendations for new asphalt over soil-cement in Table 6, Soil-Cement Pavement Section Recommendations.

Table 6: Soil-Cement Pavement Section Recommendations
(Cement Content = 3%)
(Unconfined Minimum Compressive Strength = 300 psi)
(R-Value = 27)
Traffic Index
AC Thickness
(inches)
Soil-Cement
Thickness (inches)
Total Pavement Section
Thickness (inches)
5 2 12 14
6 3 12 15
7 4 12 16
8 4 12 16
9 5 12 17
Using Traffic Indexes (TI) of 5, 6, 7, 8, or 9 and a minimum soil-cement compressive strength of 300-psi, BSK recommends that the contractor grind the existing asphalt concrete pavement to a depth of 3 inches and then pulverize the exposed material and then grade to the design soil cement grade. After grading, Pavement Investigation BSK Project No. G21-029-11B
Davis Avenue Rehabilitation Project May 28, 2021
McFarland, California P a g e |5
uniformly mix the pulverized material with 3% cement, moisture condition it to the optimum moisture content, and compact it to 95% relative compaction of ASTM D1557 to achieve the total pavement section thickness BSK as presented in Table 6.

If unstable soil condition should occur during construction, BSK recommends replacing the unstable material with a minimum of two feet of Class II aggregate base or 18 inches of soil cement. The aggregate base or soil cement should be brought to optimum moisture content and compacted to 95% relative compaction of ASTM D1557.

Full Depth AC Recommendations
BSK calculated the full depth asphalt pavement section thicknesses using the average of the three subgrade R-Values, 27, and Traffic Indexes of 5, 6, 7, 8, and 9. BSK has presented a summary of its full depth asphalt pavement section thickness’ recommendations in Table 7, Full Depth AC Recommendations.

Table 7: Full Depth AC Recommendations
(R-Value = 27)
Traffic Index AC Thickness (inches)
5 6
6 8
7 10
8 12
9 14
The subgrade should be proof rolled to make sure the subgrade is firm and stable prior to AC placement.

Pavement Investigation BSK Project No. G21-029-11B
Davis Avenue Rehabilitation Project May 28, 2021
McFarland, California P a g e |6

5.0 CLOSING
BSK appreciates the opportunity to be of service to you on this project. If you have any questions, or would like additional information, please call us at (661) 327-0671.

Respectfully submitted,

BSK ASSOCIATES
Adam Terronez, P.E., G.E. On Man Lau, P.E., G.E.

Bakersfield Branch Manager South Valley Regional Manager Attachments: Figure 1: Site Vicinity Map
Figure 2: Boring Location Map
Figure 3: Soil Classification Chart and Key to Test Data Borings B-1 through B-5: Boring Logs
Figure 4: Moisture-Density Relationship Test Results
Figures 5 through 7: R-Value Test Results
Figures 8 through 10: Compressive Strength Test Results Figure 11: Cement Treatment Specifications
REFERENCE IMAGE: Google Earth 2021
700 22nd Street
Bakersfield, California 93301
Tel. (661) 327-0671

SITE VICINITY MAP
Davis Avenue Rehabilitation Project
McFarland, Kern County, California
FIGURE 1
JOB NO. G21-029-11B_________
DATE May 2021 ____
DR. BY VS _
CH. BY _ AXT __

SCALE AS SHOWN
SHEET NO. _1__
OF _1__ SHEETS
0 4,250’ 8,500’
Scale: 1” = 8,500’
(APPROXIMATE)
SITE
REFERENCE IMAGE: Google Earth 2021
700 22nd Street
Bakersfield, California 93301
Tel. (661) 327-0671

BORING LOCATION MAP
Davis Avenue Rehabilitation Project
McFarland, Kern County, California
FIGURE 2
JOB NO. G21-029-11B_______
DATE May 2021 _____
DR. BY _VS__
CH. BY _ AXT__

SCALE AS SHOWN
SHEET NO. _1__
OF _1__ SHEETS
LEGEND:

APPROXIMATE BORING LOCATION
0 47’ 95’
Scale: 1” = 95’
(APPROXIMATE)
B-1
0 100’ 200’
B-5
B-4
0 240’ 480’
Scale: 1” = 480’
(APPROXIMATE)
B-3
B-2
B-1

MAJOR DIVISIONS TYPICAL NAMES

COARSE GRAINED SOILS
More than Half >#200

GRAVELS

MORE THAN HALF

COARSE FRACTION

IS LARGER THAN
NO. 4 SIEVE

CLEAN GRAVELS

WITH LITTLE OR

NO FINES

GW WELL GRADED GRAVELS, GRAVEL-SAND MIXTURES

GP POORLY GRADED GRAVELS, GRAVEL- SAND MIXTURES

GRAVELS WITH
OVER 15% FINES

GM SILTY GRAVELS, POORLY GRADED GRAVEL-SAND-SILT

MIXTURES

GC CLAYEY GRAVELS, POORLY GRADED GRAVEL-SAND-CLAY

MIXTURES
SANDS

MORE THAN HALF

COARSE FRACTION

IS SMALLER THAN
NO. 4 SIEVE

CLEAN SANDS

WITH LITTLE

OR NO FINES

SW WELL GRADED SANDS, GRAVELLY SANDS

SP POORLY GRADED SANDS, GRAVELLY SANDS

SANDS WITH OVER
15% FINES

SM SILTY SANDS, POORLY GRADED SAND-SILT MIXTURES

SC CLAYEY SANDS, POORLY GRADED SAND-CLAY MIXTURES

FINE GRAINED SOILS
More than Half <#200 sieve

SILTS AND CLAYS
LIQUID LIMIT LESS THAN 50
ML

INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR,

SILTY OR CLAYEY FINE SANDS, OR CLAYEY SILTS WITH

SLIGHT PLASTICITY

CL INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY,

GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS,

LEAN CLAYS

OL ORGANIC CLAYS AND ORGANIC SILTY CLAYS OF LOW

PLASTICITY

SILTS AND CLAYS
LIQUID LIMIT GREATER THAN 50

MH INORGANIC SILTS , MICACEOUS OR DIATOMACIOUS FINE

SANDY OR SILTY SOILS, ELASTIC SILTS

CH INORGANIC CLAYS OF HIGH PLASTICITY, FAT CLAYS

OH ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY,

ORGANIC SILTS
HIGHLY ORGANIC SOILS Pt PEAT AND OTHER HIGHLY ORGANIC SOILS Note: Dual symbols are used to indicate borderline soil classifications.

Pushed Shelby Tube RV R-Value
Standard Penetration Test SA Sieve Analysis
Modified California SW Swell Test
Auger Cuttings TC Cyclic Triaxial
Grab Sample TX Unconsolidated Undrained Triaxial
Sample Attempt with No Recovery TV Torvane Shear
CA Chemical Analysis UC Unconfined Compression
CN Consolidation (1.2) (Shear Strength, ksf)
CP Compaction WA Wash Analysis
DS Direct Shear (20) (with % Passing No. 200 Sieve)
PM Permeability Water Level at Time of Drilling
PP Pocket Penetrometer Water Level after Drilling (with date measured)

SOIL CLASSIFICATION CHART AND KEY TO TEST DATA
Unified Soil Classification System
PLAFigure 3 TE: Figure A-3
106 13
ASPHALT CONCRETE: AC = 2.25"
AGGREGATE BASE: AB = 7.5"
SM: SILTY SAND: slightly moist, yellow brown, F-C,
sub-rounded, trace gravel
trace CL
End of boring.

Completion Depth:

Date Started:

Date Completed:

California Sampler:

SPT Sampler:

3.0 2/17/21
2/17/21
n/a
n/a
Depth, feet
5 10
Samples
Graphic Log
Sample Number Penetration Blows / Foot Pocket Penetro- meter, TSF % Passing No. 200 Sieve In-Situ Dry Weight
(pcf) In-Situ Moisture Content (%)
Liquid Limit Plastic Limit Plasticity Index

MATERIAL DESCRIPTION
Davis Avenue Rehabilitation Project
G21-029-11B
McFarland, California
A. Becerra
A. Terronez
Surface El.:

Drilling Equipment:

Drilling Method:

Drive Weight:

Hole Diameter:

Drop:

Remarks:

Location:

Project Name:

Project Number:

Project Location:

Logged by:

Checked by:

LOG OF BORING NO. B-01 BSK Associates
700 22nd Street
Bakersfield, CA 93301
Telephone: (661) 327-0671
Fax: (661) 324-4218
Coring Machine
Hand Auger Equipment
n/a
4 inches
n/a
Borings backfilled with soil cuttings. Capped with cold-asphalt mix.

GEO_TARGET BORING LOGS.GPJ GEOTECHNICAL 08.GDT 5/6/21
118 10
ASPHALT CONCRETE: AC = 4"
AGGREGATE BASE: AB = 2"
SM: SILTY SAND: slightly moist, yellow brown, F-C,
sub-rounded, trace gravel
sandy bottom 3"
End of boring.

Completion Depth:

Date Started:

Date Completed:

California Sampler:

SPT Sampler:

MATERIAL DESCRIPTION
Davis Avenue Rehabilitation Project
G21-029-11B
McFarland, California
A. Becerra
A. Terronez
Surface El.:

Drilling Equipment:

Drilling Method:

Drive Weight:

Hole Diameter:

Drop:

Remarks:

Location:

Project Name:

Project Number:

Project Location:

Logged by:

Checked by:

LOG OF BORING NO. B-02 BSK Associates
700 22nd Street
Bakersfield, CA 93301
Telephone: (661) 327-0671
Fax: (661) 324-4218
Coring Machine
Hand Auger Equipment
n/a
4 inches
n/a
Borings backfilled with soil cuttings. Capped with cold-asphalt mix.

GEO_TARGET BORING LOGS.GPJ GEOTECHNICAL 08.GDT 5/6/21
119 8
ASPHALT CONCRETE: AC = 4.75"
AGGREGATE BASE: AB = 2.5"
SM: SILTY SAND: slightly moist, yellow brown, F-C,
sub-rounded, trace gravel
trace CL
F-M, trace CL
End of boring.

Completion Depth:

Date Started:

Date Completed:

California Sampler:

SPT Sampler:

MATERIAL DESCRIPTION
Davis Avenue Rehabilitation Project
G21-029-11B
McFarland, California
A. Becerra
A. Terronez
Surface El.:

Drilling Equipment:

Drilling Method:

Drive Weight:

Hole Diameter:

Drop:

Remarks:

Location:

Project Name:

Project Number:

Project Location:

Logged by:

Checked by:

LOG OF BORING NO. B-03 BSK Associates
700 22nd Street
Bakersfield, CA 93301
Telephone: (661) 327-0671
Fax: (661) 324-4218
Coring Machine
Hand Auger Equipment
n/a
4 inches
n/a
Borings backfilled with soil cuttings. Capped with cold-asphalt mix.

GEO_TARGET BORING LOGS.GPJ GEOTECHNICAL 08.GDT 5/6/21
82 7
ASPHALT CONCRETE: AC = 3"
AGGREGATE BASE: AB = 1"
SM: SILTY SAND: slightly moist, olive brown, F-C,
rounded to sub-rounded, trace gravel
F-M
End of boring.

Completion Depth:

Date Started:

Date Completed:

California Sampler:

SPT Sampler:

MATERIAL DESCRIPTION
Davis Avenue Rehabilitation Project
G21-029-11B
McFarland, California
A. Becerra
A. Terronez
Surface El.:

Drilling Equipment:

Drilling Method:

Drive Weight:

Hole Diameter:

Drop:

Remarks:

Location:

Project Name:

Project Number:

Project Location:

Logged by:

Checked by:

LOG OF BORING NO. B-04 BSK Associates
700 22nd Street
Bakersfield, CA 93301
Telephone: (661) 327-0671
Fax: (661) 324-4218
Coring Machine
Hand Auger Equipment
n/a
4 inches
n/a
Borings backfilled with soil cuttings. Capped with cold-asphalt mix.

GEO_TARGET BORING LOGS.GPJ GEOTECHNICAL 08.GDT 5/6/21
119 8
ASPHALT CONCRETE: AC = 5"
AGGREGATE BASE: AB = 8"
SM: SILTY SAND: slightly moist, olive brown, F-C,
sub-rounded, trace gravel
F-M, trace CL
End of boring.

Completion Depth:

Date Started:

Date Completed:

California Sampler:

SPT Sampler:

MATERIAL DESCRIPTION
Davis Avenue Rehabilitation Project
G21-029-11B
McFarland, California
A. Becerra
A. Terronez
Surface El.:

Drilling Equipment:

Drilling Method:

Drive Weight:

Hole Diameter:

Drop:

Remarks:

Location:

Project Name:

Project Number:

Project Location:

Logged by:

Checked by:

LOG OF BORING NO. B-05 BSK Associates
700 22nd Street
Bakersfield, CA 93301
Telephone: (661) 327-0671
Fax: (661) 324-4218
Coring Machine
Hand Auger Equipment
n/a
4 inches
n/a
Borings backfilled with soil cuttings. Capped with cold-asphalt mix.

GEO_TARGET BORING LOGS.GPJ GEOTECHNICAL 08.GDT 5/6/21
700 22nd Street
Bakersfield, CA 93301
Ph: (661) 327-0671
Fax: (661) 324-4218
Project Name: Davis Ave. Rehabilitation Project Number: G21-029-60B Project Manager: Adam Terronez Lab Number: B21-024
Sample Location: Combined Bulk: B1,B2,B3,B4,B5 Sample Date: 2/17/2021 Sample Description:

Tested Date: A. Becerra
Reviewed by: Ian Remotigue

MOISTURE DENSITY RELATIONSHIP
ASTM D1557
Tested By: J. Buenrostro 12/25/2021 Sample By:

SM: Silty Sand; Some gravel
90 95
100
105
110
115
120
125
130
135
140
145
0 5 10 15 20 25 30

DRY DENSITY , PCF

MOISTURE , PERCENT

2.8 2.7

2.6 2.6
TEST METHOD: ASTM D1557-A
MAXIMUM DRY DENSITY: 128.5 pcf
OPTIMUM MOISTURE: 10.5 %

ZERO AIR VOIDS
Figure 4
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0670
Fax: (661) 324-4217
Sample Date: 2/17/2021
Test Date: 3/12/2021
Report Date: 3/15/2021
Tested By: ILT Remotigue

SPECIMEN A B C
EXUDATION PRESSURE, LOAD (lb) 7923.6 5732.1 3072.1
EXUDATION PRESSURE, PSI 631 456 245
EXPANSION, * 0.0001 IN 0.0029 0.0029 0.0032
EXPANSION PRESSURE, PSF 0 0 0
hart above STABILOMETER PH AT 2000 LBS 61 86 102
DISPLACEMENT 4.01 3.92 4.75
50 35 23
50 35 23

10.5 11.5 12.5
DRY DENSITY AT TEST, PCF 122.9 122.2 114.0
"R" VALUE BY EXPANSION
Sample Description: SM/SC: Silty Sand/Clayey Sand: Fine to Medium.

Davis Ave. Rehabilitation Project
G21-029-11B
Lab Tracking ID:

Sample Location:

Standard Test Methods for Resistance R-Value and
Expansion Pressure of Compacted Soil
B21-024
B-1 @ 0.0-3.0 Feet bgs
Project Name:

Project Number:

ASTM D-2844
26 N/A
PRESSURE TI = 4.0, GF=1.50
RESISTANCE VALUE "R"
% MOISTURE AT TEST
"R" VALUE AT 300 PSI

EXUDATION PRESSURE
"R" VALUE CORRECTED FOR HEIGHT

COVER THICKNESS BY EXPANSION PRESSURE, INCHES
"R" VALUE

COVER THICKNESS BY STABILOMETER, INCHES

EXUDATION PRESSURE, PSI
0 2 4 6 8 10 12 14 16 18 20 22 24 26
100
90 80
70 60
50 40
30 20
10 0
0 2
4 6
8 10
12 14
16 18
20 22
24 800 700 600 500 400 300 20 100 0
Reviewed By: Ian Leo T. Remotigue
Figure 5
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0670
Fax: (661) 324-4217
Sample Date: 2/17/2021
Test Date: 3/12/2021
Report Date: 3/15/2021
Tested By: ILT Remotigue

SPECIMEN A B C
EXUDATION PRESSURE, LOAD (lb) 7263.1 5632.2 2863.3
EXUDATION PRESSURE, PSI 578 448 228
EXPANSION, * 0.0001 IN 0.0027 0.0021 0.0030
EXPANSION PRESSURE, PSF 0 0 0
hart above STABILOMETER PH AT 2000 LBS 62 84 100
DISPLACEMENT 4.02 3.92 4.75
50 37 24
50 37 24

11.1 12.1 13.1
DRY DENSITY AT TEST, PCF 121.3 117.4 112.6
"R" VALUE BY EXPANSION
Sample Description: SM/SC: Silty Sand/Clayey Sand: Fine to Medium.

Davis Ave. Rehabilitation Project
G21-029-11B
Lab Tracking ID:

Sample Location:

Standard Test Methods for Resistance R-Value and
Expansion Pressure of Compacted Soil
B21-024
B-3 @ 0.0-3.0 feet bgs
Project Name:

Project Number:

ASTM D-2844
28 N/A
PRESSURE TI = 4.0, GF=1.50
RESISTANCE VALUE "R"
% MOISTURE AT TEST
"R" VALUE AT 300 PSI

EXUDATION PRESSURE
"R" VALUE CORRECTED FOR HEIGHT

COVER THICKNESS BY EXPANSION PRESSURE, INCHES
"R" VALUE

COVER THICKNESS BY STABILOMETER, INCHES

EXUDATION PRESSURE, PSI
0 2 4 6 8 10 12 14 16 18 20 22 24 26
100
90 80
70 60
50 40
30 20
10 0
0 2
4 6
8 10
12 14
16 18
20 22
24 800 700 600 500 400 300 20 100 0
Reviewed By: Ian Leo T. Remotigue
Figure 6
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0670
Fax: (661) 324-4217
Sample Date: 2/17/2021
Test Date: 3/12/2021
Report Date: 3/15/2021
Tested By: ILT Remotigue

SPECIMEN A B C
EXUDATION PRESSURE, LOAD (lb) 7036.5 5236.3 2136.2
EXUDATION PRESSURE, PSI 560 417 170
EXPANSION, * 0.0001 IN 0.0027 0.0021 0.0030
EXPANSION PRESSURE, PSF 0 0 0
hart above STABILOMETER PH AT 2000 LBS 65 87 115
DISPLACEMENT 4.02 3.92 4.75
48 35 17
48 35 17

14.9 15.9 16.9
DRY DENSITY AT TEST, PCF 120.7 119.5 115.3
"R" VALUE BY EXPANSION
26 N/A
PRESSURE TI = 4.0, GF=1.50
RESISTANCE VALUE "R"
% MOISTURE AT TEST
"R" VALUE AT 300 PSI

EXUDATION PRESSURE
"R" VALUE CORRECTED FOR HEIGHT
Standard Test Methods for Resistance R-Value and
Expansion Pressure of Compacted Soil
B21-024
B-5 @ 0.0-5.0 feet bgs
Project Name:

Project Number:

ASTM D-2844
Sample Description: SM/SC: Silty Sand/Clayey Sand: Fine to Medium.

Davis Ave. Rehabilitation Project
G21-029-11B
Lab Tracking ID:

Sample Location:

COVER THICKNESS BY EXPANSION PRESSURE, INCHES
"R" VALUE

COVER THICKNESS BY STABILOMETER, INCHES

EXUDATION PRESSURE, PSI
0 2 4 6 8 10 12 14 16 18 20 22 24 26
100
90 80
70 60
50 40
30 20
10 0
0 2
4 6
8 10
12 14
16 18
20 22
24 800 700 600 500 400 300 20 100 0
Reviewed By: Ian Leo T. Remotigue
Figure 7
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0671
Fax: (661) 324-4218
Project Name: Davis Ave. Rehabilitation Project Sampled By/Date:

Project Number: G21-029-11B Delivered By-Date:

Lab Tracking ID: B21-024 Received By/Date: ILTR / 2-17-2021 Sample Location: Combined B1,B2,B3,B4,B5 Tested By/Date: ILTR / 3-10-2021 Sample Description: SM: Silty Sand; Brown; Fine to Coarse Remarks: The material was re-molded to 95% of the Maximum Dry Density of 128.5 pcf and Optimum moisture Content of 10.5% as per ASTM D1557-C
Reviewed by: Ian Remotigue

STABILIZED SOIL
A. Becerra / 2-17-2021
A. Becerra / 2-17-2021
Compressive Strength
Sample Diameter (0.01") 4.00 4.00 4.00
Sample No. 1 2 3
Mix 3% Portland at Max Density 5% Portland at Max Density 7% Portland at Max Density Height (0.25") 5.01 5.00 5.00
Ultimate Load (lbs) 4,917.40 8,018.40 9,565.90
Height Before Cap (0.1") 5.01 5.00 5.00
Height After Cap (0.1") 5.20 5.12 5.14
Area (0.01in²) 12.56 12.56 12.56
Age (days) 7 7 7
Compressive Strength 391.51 638.41 761.62
Corrected Strength (10psi) 392 638 762
Direction of Load with Respect to
Plane of Placement Axial Axial Axial
Moisture Condition Moist Moist Moist
Figure 8
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0671
Fax: (661) 324-4218
Project Name: Davis Ave. Rehabilitation Project Sampled By/Date:

Project Number: G21-029-11B Delivered By-Date:

Lab Tracking ID: B21-024 Received By/Date: ILTR / 2-17-2021 Sample Location: Combined B1,B2,B3,B4,B5 Tested By/Date: ILTR / 3-17-2021 Sample Description: SM: Silty Sand; Brown; Fine to Coarse Remarks: The material was re-molded to 95% of the Maximum Dry Density of 128.5 pcf and Optimum moisture Content of 10.5% as per ASTM D1557-C
Reviewed by: Ian Remotigue
Axial Axial Axial
Moisture Condition Moist Moist Moist

12.56 Age (days) 14 14 14
Compressive Strength 631.53 781.29 856.17
Corrected Strength (10psi) 632 781 856
Direction of Load with Respect to
Plane of Placement

5.00 Ultimate Load (lbs) 7,932.00 9,813.00 10,753.50
Height Before Cap (0.1") 5.02 5.01 5.01
Height After Cap (0.1") 5.20 5.12 5.13
Area (0.01in²) 12.56 12.56
Sample Diameter (0.01") 4.00 4.00 4.00
Sample No. 1 2 3
Mix 3% Portland at Max Density 5% Portland at Max Density 7% Portland at Max Density Height (0.25") 5.02 5.01

STABILIZED SOIL
A. Becerra / 2-17-2021
A. Becerra / 2-17-2021
Compressive Strength
Figure 9
700 22nd St.

Bakersfield, CA 93301
Ph: (661) 327-0671
Fax: (661) 324-4218
Project Name: Davis Ave. Rehabilitation Project Sampled By/Date:

Project Number: G21-029-11B Delivered By-Date:

Lab Tracking ID: B21-024 Received By/Date: ILTR / 2-17-2021 Sample Location: Combined B1,B2,B3,B4,B5 Tested By/Date: ILTR / 3-24-2021 Sample Description: SM: Silty Sand; Brown; Fine to Coarse Remarks: The material was re-molded to 95% of the Maximum Dry Density of 128.5 pcf and Optimum moisture Content of 10.5% as per ASTM D1557-C
Reviewed by: Ian Remotigue

STABILIZED SOIL
A. Becerra / 2-17-2021
A. Becerra / 2-17-2021
Compressive Strength
Sample Diameter (0.01") 4.00 4.00 4.00
Sample No. 1 2 3
Mix 3% Portland at Max Density 5% Portland at Max Density 7% Portland at Max Density Height (0.25") 5.02 5.01 5.03
Ultimate Load (lbs) 8,747.00 10,828.00 11,868.50
Height Before Cap (0.1") 5.02 5.01 5.03
Height After Cap (0.1") 5.20 5.12 5.13
Area (0.01in²) 12.56 12.56 12.56
Age (days) 21 21 21
Compressive Strength 696.42 862.10 944.94
Corrected Strength (10psi) 696 862 945
Direction of Load with Respect to
Plane of Placement Axial Axial Axial
Moisture Condition Moist Moist Moist
Figure 10
Figure 11
Cement Treatment Specification
This work consists of mixing in place material, cement and water, and spreading and compacting the mixture to the lines, grade and dimensions shown on the plans and as specified in these special provisions.

Prior to the first day of soil-cement production, it is advisable to perform a laboratory determination of the maximum dry density and optimum moisture content in order to have a preliminary indication of relative compaction. Determine the maximum density and optimum moisture content of the cement treated soil in accordance with ASTM D 1557. Following the first day’s production, these values can be determined from field mixed soil-cement; samples to be taken after final mixing and prior to initial compaction.

The cement content of the completed mixture shall be 4 percent by weight of the in-place dry material.

For estimating purposes, an in-place dry unit weight of material of 130 pcf should be used.

The Engineer may order an increase or decrease in the amount of specified cement content. If such increase or decrease is ordered, the compensation payable to the Contractor for cement treatment will be increased or decreased on the basis of the cost of cement per ton, f.o.b. the cement mill (including sales tax) plus the freight cost per ton, a cash or trade discount offered or available will be credited to the State notwithstanding the fact that the discount may not have been taken by the purchaser.

The Contractor shall furnish the Engineer satisfactory evidence of the cost of cement used on the project during the period involved in the ordered change in cement content. The Contractor shall maintain recorders that enable a clear determination of the cost of cement used during the period. The Contractor’s records pertaining to the cost of cement shall be open to inspection or audit by Departmental representatives during the life of the contract and for no less than 3 years after completion thereof. The Contractor shall retain the records for that period.

If the price of cement as determined from the Contractor’s records is, in the opinion of the Engineer, excessive or if the Contractor does not furnish satisfactory evidence of the cost of cement, the Engineer will determine the price to be the lowest wholesale cost at which cement would be available in the quantities concerned delivered to the job site, less discounts, available. No additional adjustment of compensation will be made for variations in the cost of work resulting from the change in the quantity of Portland cement.

The cement content of samples, after establishing the spread rate in the first 500 feet of each days operation, shall be taken a minimum of once every 1000 feet from the mixtures spread on the roadbed.

The cement content of the samples shall not vary above or below the specified cement content more than one percent of the weight of the dry material as determined by California Test 228.

Cement shall be Type II Portland cement conforming to the provisions in Section 90-2.01A, “Cement,” of the Standard Specifications. Mineral admixtures shall not be substituted for cement. Water shall conform to the provisions in Section 90-2.03, “Water,” of the Standard Specifications. Material to be Figure 11
treated shall be scarified and thoroughly broken up by means of equipment constructed and operated to leave an undisturbed plan at a uniform depth below the surface shown on the typical cross section.

Precautions shall be taken to avoid forming furrows of loosened material below the referenced plane and to obtain a uniform condition of the material for the full width to be treated.

Material other than rock shall be broken up so that the broken pieces will pass a one-inch sieve. Before the addition of cement and water to the material, rocks greater than one inch in size shall be removed and the cost of removing rocks will be paid for an extra work as provided in Section 4-1.03D, “Extra Work,” of the Standard Specifications.

The material shall then be shaped to conform to the typical sections, lines and grades as shown on the plans prior to the addition of cement. The blanket shall be limited to the size of the material that can be passed through the mixing machine at each operation.

Cement shall not be spread upon the prepared material more than 4 hours ahead of the road-mixing operation. Cement shall be uniformly spread by mechanical equipment in the amount necessary to meet the cement content requirements. The rate of cement spread per linear foot of windrow or blanket shall not vary more than 10 percent from the designated rate. No traffic other than the mixing equipment will be allowed to pass over the spread cement until after completion of mixing.

Mixing of the soils, cement, and water will be performed using a four-wheel drive rotary mixer (CMI RS650, CAT 500 or equivalent). The mixing machine has equipment provisions for introducing water at the time of mixing through a metering/pump device and automatic elevation/depth controls.

The automatic depth controls shall be set to the Engineer’s specified depth of treatment. The machine will be set into the ground on the grade and lowered to controlled depth. Using a standard measuring tape, the depth will be measured and compared to the Engineer’s specified depth. The depth control may be adjusted, if necessary, to achieve the specified depth of treatment. The depth of treatment will be checked, throughout the day.

Phenolphthalein, a color-sensitive pH indicator solution, is used to indicate the presence of cement in the soil. The soil will attain a pinkish color with a pH on the order of 10. A trial test on the natural or untreated soil by spraying the solution onto the soils shall be performed. Typically there is no change in color with the application of the solution to the natural soil.

After an initial mix, a test pit through the treated layer and into the natural soil shall be excavated; the phenolphthalein solution shall be sprayed along the face of the excavation to determine the degree of uniformity and pulverization. The presence of streaks or pockets of cement or non-uniformity of color reaction is considered evidence of inadequate mixing. The depth of treatment shall be confirmed.

The resulting mixture shall be uniform and more than one pass of the equipment through the material may be required. If equipment is used that requires more than one pass and cement is applied in a dry state, at least one pass shall be made before mixing water is added to the material. The treated mixture Figure 11
shall be spread to the required planned width, grade and cross section. The mixture may be spread and compacted in one layer.

Cement treated material shall be compacted to a relative compaction of not less than 90 percent. Inplace density of cement treated soils may be controlled relative to the wet density of the laboratory determined moisture density relation. Because moisture is a critical element in the stabilization process, testing by this method allows for relative compaction to be achieved at higher moisture contents.

Remove material that does not meet density requirements. Remove areas that lose required stability, compaction or finish. Replace with cement-treated mixture and compact and test in accordance with density control methods.

The Engineer may accept the section if no more than 1 of the 5 most recent density tests is below the specified density and the failing test is no less than 93 percent relative compaction.

No more than 2 hours shall elapse between the time water is added to the material and cement and the time of completion of initial rolling. No more than 3 hours shall elapse between the time water is added to the material and cement and the time of completion of final compaction after trimming. Compacting equipment shall adequate to produce the required compaction within the operation time limits specified.

Rolling shall be performed in such a manner that the finished surface shall be true to the required grade and cross section within the surface tolerance specified. Areas inaccessible to rollers shall be compacted to the required compaction by other means satisfactory to the Engineer.

The finished surface of cement treated material shall not vary more than 0.08-foot above or below grade established by the Engineer. The thickness of cement treated materials shall not be more than

0.05-foot thinner than the planned thickness at any point.

Areas where cement treatment has been performed shall be cured in conformance with the provisions in Section 90-7, “Curing Concrete,” of the Standard Specification, for the first 36 to 48 hours prior to microcracking. Water used to keep the surface moist shall be applied without driving equipment over the cement treated material.

Microcracking operations shall commence after 36 to 48 hours of the moist curing period.

Microcracking of the concrete treated material shall be accomplished by using a 12-ton steel-wheel vibratory roller, traveling at a speed of approximately 2 mph and vibrating at maximum amplitude (or as directed by the Project Engineer). The section shall have 100% coverage exclusive of the outside 1 foot so as to induce minute cracks in the concrete treated material. Additional passes of the steel roller may be required to achieve the desired crack pattern as determined by the Project Engineer. It is anticipated that the roller will have to make between 1 to 4 passes to achieve the required microcracking.

After microcracking, areas where cement treatment has been performed shall be cured as provided for cement treated base in Section 27-1.10, “Curing,” of the Standard Specifications. No equipment or Figure 11
traffic shall be permitted on the cement treated material during the first 3 days after applying the curing compound, unless otherwise permitted by the Engineer.

Full compensation for applying a curing compound, in curing areas where cement treatment has been performed shall be considered as included in the contract price paid per square yard for cement treatment and no separate payment will be made therefor. Cement treatment will be measured by the square yard. The area in square yards will be determined from measurement of the finished surface of cement treated material. The measurement will be made parallel to the ground slope.

The contract price paid per square yard for cement treatment for the thickness specified shall include full compensation for furnishing all labor, materials (including cement in the amount specified), tools, equipment, and incidentals, and for doing all the work involved in mixing, spreading, compacting cement treatment, and microcracking, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

MEMORANDUM

CITY OF MCFARLAND
TO: Honorable Mayor and City Council
FROM: Kenny Williams, City Manager
Larry A Ronk III, Interim Community Development Director Brianahi De Leon, City Planner
DATE: Thursday, January 27, 2022
SUBJECT: Report, discussion, and Possible Adoption of an Ordinance No. 0003-2022 to approve Home Occupation Permit Ordinance
PROJECT DESCRIPTION:

The Ordinance No. 0003-2022 consists of amending, clarifying, and codifying the Municipal Code Chapter related to Home Occupation. The current Home Occupation is very short and open to interpretation. A vague Home Occupation Ordinance leads to conflicts and inconsistencies to arise when it comes to the approval process. By implementing these changes to Home Occupation, we are establishing rules for consistency, uniformity, and clarity. We are creating clarity on what is permitted, prohibited, and the operating standards necessary, creating uniformity within the Municipal Code, preventing negative impacts, and establishing consistency within the approval determination. The Home Occupation Ordinance creates an economic opportunity for both the City and the residents while establishing rules and guidelines. These rules and guidelines placed in the ordinance consist of conditions and measures that must be met. This includes restraining the occupation from being seen or heard beyond the premise.

The economic opportunities brought forth from this ordinance include Permit and licensing fees. The Home Occupation permit fees and business license fees are yearly renewals. A portion of the business sales tax collected by the state go back to the City. In this case and increase in occupations such as home occupations could increase the revenue going back to the City. This revenue can then go into improving our streets.

Fee Description Fees When is it
paid?
Business License $65 - $2,000 (dependent on gross receipts) Annually Business License Base Fee $15 Annually
Other Business License Fee
determined by type of business
Dependent on type of business Annually
Conditional Use Permit $520 deposit Based on time & material 1 time fee Home Occupation Permit $65 Annually
Business Sales Tax Of the Business Sales Tax that is collected by the State a 1% revenue is collected by the City.

Planning In-House Staff Time Based on time and material on a $130 per hour rate This ordinance was taken to Planning Commission where it was approved and recommended that staff present it to City Council for approval.

RECOMMENDATION:

Staff recommends City Council approval of Ordinance No. 0003-2022 APPROVING the amendment of Chapters 17.04.340 and 17.04.350, repeal Subsection “C” of Chapter 17.12.020, and Adding Chapter

17.153 regarding Home Occupation Permits in the McFarland Municipal Code.

ATTACHMENTS
Attachment 1 – Ordinance No. 0003-2022
ORDINANCE NO. 0003-2022

AN ORDINANCE OF THE CITY OF MCFARLAND
AMENDING TITLE 17, CHAPTERS 17.04.340, 17.04.350,
REPEALING SUBSECTION “C” OF CHAPTER 17.12.020,
AND ADDING CHAPTER 17.153 OF THE MCFARLAND
MUNICIPAL CODE.

Section 1. Recitals
WHEREAS, The City of McFarland (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to Home Occupation;
WHEREAS, The Ordinance Amendment updates the Municipal Code to codify the definition of Home Occupation, and the Standards for, and Process, Procedures, and Permits necessary for Home Occupation;
WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Title 17, Chapters 17.04.340, 17.04.350, and 17.153.010 through 17.153-060 of the McFarland Municipal Code.

WHEREAS, Adoption of this Ordinance is in furtherance of the City’s goals and objectives while reducing the potentially negative impacts arising from potentially deficient and/or incomplete/incompatible Municipal Code Chapters.

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

Section 2. Chapter 17.04.340 of the McFarland Municipal Code is hereby amended to read as follows:

17.04.340 Home Occupation.
“Home Occupation” means an occupation carried on by the residents of a dwelling as a secondary use.

Section 3. Chapter 17.04.350 of the McFarland Municipal Code is hereby amended to read as follows:

17.04.350 Home Occupation Permit.
“Home Occupation Permit” is a permit authorizing the operation of a specified home-based occupation. It is administered through the Community Development Department as promulgated in Municipal Code 17.153.060. The Permit may be revoked if activity is not consistent with all the terms and conditions of all the zoning approvals and approved plans granted by the City.

Section 4. Chapter 17.12.020 of the McFarland Municipal Code is hereby amended to Repeal the Current Language of Subsection C and Amend Subsections D-O to be Renumbered as Subsections C-N, respectively.

Section 5. Chapter 17.153 of the McFarland Municipal Code is hereby Added to the McFarland Municipal Code as Follows:

Chapter 17.153 HOME OCCUPATION PERMIT

17.153.010 Purpose and intent.

This section provides standards for the conduct of home occupations, as Defined by Chapter 17.04.340 of the McFarland Municipal Code. In general, a home occupation is a residential accessory use that, under normal circumstances, the average neighbor is unaware of its existence. Thus, no sound or visibility of the occupation is seen or heard beyond the premises.

17.153.020 Home Occupation is permitted in the following zone districts.

A Home Occupation Permit may only be granted in the R-1 and R-2 zones.

However, the home occupation permit shall not be granted unless the community development director finds that the proposed home occupation complies with the definition and requirements of this Title 17.

17.153.030 Permitted uses.

Home Occupations may include, but are not limited to, the following:

Table 1:

ACTIVITY INCLUDED OCCUPATION
On-site professional service
and/or consultation – by
appointment only
Architect, broker, consultant, engineer, insurance agent, land surveyor, bookkeeper, accountant, typist, or similar use as determined by the community development
director.

Off-site personal services
requiring home office
Gardening and landscaping service, locksmith, and other uses where storage in vehicle is required, or similar use as determined by the community development director.

Sales – no door-to-door sales,
delivery to customers only
Sales representative (including jewelry, cosmetics,
products of domestic consumption), catalog and telephone sales only or similar use as determined by the community development director.

Artisan studio Artist, sculptor, photography studio, author, composer, weaver, crafts, rug and blanket weaving, lapidary or
similar use as determined by the community development
director.

Group instructional (income
producing activities)
Small day care or similar use as determined by the
community development director.

17.153.040 Prohibited Uses.

The following non-exclusive list displays example secondary uses that are not incidental to, nor compatible with residential activities, and are therefore prohibited from receiving a home occupation permit:

A. Antique shops
B. Auto Repair
C. Barber and Beauty shops
D. Business which engages in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises.

E. Cabinet making
F. Funeral chapel or funeral home
G. Kennel
H. Medical and dental offices, clinics, and laboratories I. Mini storages
J. Repair, fix-it, appliance, or plumbing shops
K. Home Occupations in Mobile home (M-P) zones
L. Vehicle repair (body or mechanical). Upholstery and painting M. Welding and Machining shops
N. Any additional uses determined by the community development director that is not listed but is not incidental nor compatible with residential activities.

17.153.050 Operating standards.

Home occupations shall comply with all the following operating standards and any additional conditions that may have been placed by the community development director.

A. There shall be no displays or advertising signs on the premises.

B. There shall be no signs other than the address and name of the resident.

C. There shall be no advertising which identifies the home occupation by street name.

D. The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage.

E. Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

F. Subject to Municipal Code 17.153.070, no external alterations or construction features can be made to accommodate a home occupation, nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.

G. There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.

H. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

I. No home occupation use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

J. Employees engaged in the home occupation shall only be members of the resident family and shall be occupants of the dwelling. No outside employees.

K. The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.

L. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

M. No business license shall be issued until a home occupation permit is obtained, pursuant to the municipal code.

N. A home occupation permit is not transferable.

O. There shall be no more than one home occupation in any dwelling unit.

P. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

17.153.060 Permits.

A. Application. An application for a home occupation permit shall be on forms furnished by the Community Development Director, shall be filed with the Community Development Department before commencing the business activity, and shall be signed by the applicant. The application shall include the following information:
i. The name, mailing address, and telephone number of the owner(s) of the business;
ii. The street address of the property where the business will be conducted; and iii. A description of the type of business proposed.

B. Permit Issuance. The Community Development Director shall issue a permit if he or she finds:
i. That the application is complete;
ii. That such business will be operated consistent with the regulations of this chapter and not interfere with the peace and quiet or be contrary to the residential character of the neighborhood; and
iii. The building and the proposed business will be maintained and conducted according to all laws of the city and state, including, but not limited to, health, structural soundness, fire safety, and zoning.

17.153.070 Process in acquiring Home Occupation permit.

Resident seeking a home occupation addition to their home shall apply for a Conditional Use Permit (CUP) & Home Occupation permit. Once the application, along with site plans and design have been submitted to the City, the application will go into the process of review. Application will then go to the Planning Commission and a public hearing will be conducted. The Planning Commission may then grant the permit along with any terms and conditions pertaining to occupation. No home occupation shall be established until an application for a home occupation permit has been submitted and approved as being consistent with the requirements of this section. No building license shall be applied for until after approval of the home occupation. A probational 1 year period is held to ensure that all terms and conditions are being met. After probational period, the occupational permit shall be subject to annual review and will consist of a yearly renewal.

Section 6. Notice. The City clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 7. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.

Section 8. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Section 9. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

INTRODUCED, at a regular meeting of the City Council of the City of McFarland, California on the 27th day of January 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the _10_th day of February 2022, by the following vote:

Aye Nae Abstain Absent
Sally Tafoya
Maria T. Perez
Saul Ayon
Ricardo Cano
_______________________________
Sally Tafoya, Mayor
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a regular meeting thereof held on ___________, 2022.

ATTEST:
_____________________________
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney

CITY OF MCFARLAND

MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Kenny Williams, City Manager/ Chief of Police
DATE: January 27, 2022
SUBJECT: Memorandum of Understanding between the City of McFarland and “MPOA” McFarland Police Officers Association.

Recommendation:

It is recommended that the City Council approve the memorandum of understanding between the City of McFarland and the McFarland Police Officers Association, (MPOA).

Fiscal Impact:

None
Discussion:

By way of background the McFarland Police Officers Association (MPOA), have bargained with the city and have come to agreement on a memorandum of understanding. It is appropriate for the council to approve the contract.

Attachments:

Memorandum of Understanding.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MCFARLAND AND

MCFARLAND POLICE OFFICERS ASSOCIATION
2021-2022

MEMORANDUM OF UNDERSTANDING

MCFARLAND POLICE OFFICERS ASSOCIATION
2021 – 2022
_____________________________________________________________________________________ 2 TABLE OF CONTENTS
ARTICLE 1: PREAMBLE ......................................................................................................................5 ARTICLE 2: RECOGNITION .................................................................................................................5 ARTICLE 3: MAINTENANCE OF BENEFITS............................................................................................5 ARTICLE 4: SEPARABILITY CLAUSE .....................................................................................................5 ARTICLE 5: SAVINGS CLAUSE .............................................................................................................5 ARTICLE 6: ASSOCIATION RIGHTS ......................................................................................................6 ARTICLE 7: CITY RIGHTS ....................................................................................................................6 ARTICLE 8: NO STRIKE-NO LOCKOUT .................................................................................................7 ARTICLE 9: GRIEVANCE PROCEDURE..................................................................................................7 Section 9.1 Procedure............................................................................................................................7 Section 9.2 Definition ............................................................................. Error! Bookmark not defined.

Section 9.3 Informal Step ......................................................................................................................8 Section 9.4 Step One .............................................................................................................................8 Section 9.5 Step Two .............................................................................................................................8 Section 9.6 Grievances Related to MOU Interpretation .......................................................................9 Section 9.7 Grievances Related to Discipline ........................................................................................9 Section 9.8 Step Three…………………………………………………………………………………………………………………..…9 Section 9.9 Modification of Time limits……….……………………………………………………………………………………9 ARTICLE 10: HOURS AND OVERTIME...................................................................................................9 Section 10.1 FLSA 7(k)............................................................................................................................9 Section 10.2 Prior Approval ...................................................................................................................9 Section 10.3 Meal Periods.....................................................................................................................9 ARTICLE 11: OUT OF CLASS PAY……………………………………………………………………………………….………………….9

ARTICLE 12: COMPENSATORY
TIME…………………………………………………………………………………………………..100
Section 12.1 Compensatory Time Bank..............................................................................................100 Section 12.2 Comp Time Bank Cap.....................................................................................................111 ARTICLE 13:COURT TIME................................................................................................................111 Section 13.1 Court Standy-by ............................................................................................................111 Section 13.2 Court Appearance .........................................................................................................111

MEMORANDUM OF UNDERSTANDING

MCFARLAND POLICE OFFICERS ASSOCIATION
2021 – 2022
_____________________________________________________________________________________ 3 ARTICLE 14:CALL BACK...................................................................................................................111 Section 14.1 Call Back Minimum .......................................................................................................111 ARTICLE 15:SHIFT CHANGE.............................................................................................................111 Section 15.1 Chief’s Discretion ..........................................................................................................111 Section 15.2 Probationary Police Officers: ........................................................................................122 Section 15.3 Management Discretion ...............................................................................................122 Section 15.4 Shift Trades ...................................................................................................................122 ARTICLE 16:COMPENSATION..........................................................................................................122 Section 16.1 Salary Adjustments .......................................................................................................122 Section 16.2 Salary Steps...................................................................... Error! Bookmark not defined.2 Section 16.3 Educational Incentive....................................................................................................144 Section 16.4 POST Incentive Pay..........................................................................................................14 Section 16.4.1 Intermediate Certificate ..............................................................................................14 Section 16.4.2 Advanced Certificate ....................................................................................................14 Section 16.5 Bilingual Pay ....................................................................................................................15 Section 16.6 Special Assignment Pay ..................................................................................................15 ARTICLE 17:HEALTH AND ANCILLARY BENIFITS .................................................................................15 Section 17.1 Medical Benefit Plan .......................................................................................................15 Section 17.2 Dental Benefit Plan..........................................................................................................16 Section 17.3 Vision Benefit Plan ..........................................................................................................16 Section 17.4 Deferred Compensation .................................................................................................16 Section 17.5 Employee Assistance Program........................................................................................16 Section 17.6 Death Benefit..................................................................................................................16

ARTICLE 18: RETIREMENT BENEFITS...……………………………………………………………………………………………....17 Section 18.1 Retirement………………………………………………………………………………………………………………….17 Section 18.2 Current Vesting Schedule………………………………………………..………………………………………….17 Section 18.3 Retirees Benefits……………………………………………………………..………………………………………….17 Section 18.3.1 Flat Bade Upon Honorable Retirement………………………….…………………………………………17 ARTICLE 19: LEAVES OF ABSENCE………………………………………………......…………………………………………………17 Section 19.1 Accrual Rates……………………………………………………………………………………………………….…….17 Section 19.2 Sick Leave…………………….…………………………………………………………………………………………….18 Section 19.3 Bereavement Leave……..…………………………………………………………………………………………….19 Section 19.4 Military Leave……………..………………………………………………………………………………………….....20 Section 19.5 Recognized Holidays…..………………………………………………………………………………………………20 Section 19.6 Personal Day Off……………………………………………………………………………………………………………21

MEMORANDUM OF UNDERSTANDING

MCFARLAND POLICE OFFICERS ASSOCIATION
2021 – 2022
_____________________________________________________________________________________ 4 ARTICLE 20 GENERAL PROVISIONS ...................................................................................................22 Section 20.1 Uniform Allowance .........................................................................................................22 Section 20.2 Assigned Take Home Vehicles.........................................................................................22 Section 20.3 Body Armor.....................................................................................................................22 ARTICLE 21:POST TRAINING PER DIEM .............................................................................................23 ARTICLE 22:LABOR/MANAGEMENT COMMITTEE..............................................................................23 ARTICLE 23:PERFORMANCE EVALUATION.........................................................................................23 ARTICLE 24:DUES DEDUCTION..........................................................................................................23 ARTICLE 25:PROVISIONS BY LAW .....................................................................................................23 Section 25.1 City resolutions ...............................................................................................................23 Section 25.2 Meet and Confer Waiver.................................................................................................24 Section 25.3 MOU subject to laws.......................................................................................................24 Section 25.4 Ratification......................................................................................................................24 APPENDIX A Pay Schedule
APPENDIX B Summary of Benefits Commented [TM1]: I didn’t see an appendix B? Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 5 ARTICLE 1: PREAMBLE
Pursuant to the Meyers-Milias-Brown Act, this memorandum of understanding has been entered into the City of McFarland, hereinafter referred to as the “City”, and the McFarland Police Officers Association, hereinafter referred to as the “Association.” The purpose of this Memorandum of Understanding is the promotion of harmonious relations between the City and the Association, the establishment of equitable procedures for the peaceful resolution of differences and the establishment of the entire and complete agreement covering the rates of compensation, hours of work and all other conditions of employment to be observed by the parties.

ARTICLE 2: RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining representative for all regular, permanent employees within the bargaining unit consisting of the following classifications:

Police Sergeants, Corporals, Police Officers, Community Service Officers, Police Officer Technician
ARTICLE 3: MAINTENANCE OF BENEFITS
Existing Benefits contained in this Memorandum shall not be changed during the term of this agreement without the mutual consent of parties hereto. Existing benefits not set forth in this Memorandum, which fall within the scope of representation, shall not be changed by the CITY without advanced notice and an opportunity to meet and confer in accordance with the Myers-Milias-Brown Act (MMBA”).

ARTICLE 4: SEPARABILITY CLAUSE
It is agreed by the parties to this Agreement that for the term of this Agreement, any conflict between any section or part thereof of this Agreement and any City or Department rule, regulation, code, resolution, procedure or practice existing as of the date of the Agreement or adopted thereafter, shall be resolved in favor of the provisions contained in this Agreement.

ARTICLE 5: SAVINGS CLAUSE
If any article or section of this Agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 6 judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any article or section, the City and the Association agree to meet and confer within 30 days.

ARTICLE 6: ASSOCIATION RIGHTS
A. Employees shall be free to participate in Association activities without interference, intimidation or discrimination in accordance with State law and City policies, rules and regulations. Association rights shall include:
i. The right to represent its members with regard to wages, hours and working conditions or other matters within the scope of representation, subject to the provisions of applicable Federal, State or Local laws and regulations.
ii. The right to be given reasonable written notice of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation.
iii. The right to a reasonable amount of time during regular working hours to represent its members when formally meeting and conferring on matters within the scope of representation, or any other activities that the parties agree to.
iv. The right to payroll deductions made for payment of organizational dues and for programs agreed upon as a result of the meet and confer process. v. The right to the use of designated bulletin boards by the Association in each building or facility where Association employees are assigned. vi. The reasonable use of City facilities for Association activities providing that such facilities are available for use by other organizations, and that appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use. vii. There shall be no unlawful discrimination against any employee or applicant for employment by the City because of participation in legitimate Association activities.

ARTICLE 7: 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 (including staffing levels and setting officer patrol schedules), determine employment standards, direct its employees (including assignment of duties and Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 7 work responsibilities), take disciplinary action, relieve its employees from duty because of lack of work or funds or for other legitimate reasons, maintain the efficiency of department operations, maintain fiscal integrity, determine the methods, means and personnel by which department 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 8: NO STRIKE-NO LOCKOUT
A. During the term of this Agreement, the Association, its officers, agents and members agree that they shall neither engage in nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick-out or other concerted refusal to work.

B. If an employee participates in any manner in any strike, work stoppage, slowdown, sick-out or other concerted refusal to work or participates in any manner in any picketing or impediment to work in support of any such strike, work stoppage, slowdown, sick-out or other concerted refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to discipline by the City.

C. Any employee violating the obligations of this article may be disciplined or discharged by the City without recourse to the appeals procedure except as to the question of whether the employee participated in the prohibited conduct.

D. The City shall not lock-out employees.

E. Nothing in this article is intended to diminish civil rights and due process as required by law.

ARTICLE 9: GRIEVANCE AND DISCIPLINE APPEALS PROCEDURE
Section 9.1 Procedure
Subject to the provisions of this MOU, any permanent Police Unit employee who has a grievance, as defined below, or has been disciplined, as defined below, shall be entitled to have the matter reviewed through the procedures outlined in this Article. This Article shall also include and satisfy all rights which a permanent bargaining unit employee may have under California Government Code Section 3304(b).

Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 8 Section 9.2 Definitions
(a) For the purposes of, and subject to the terms, provisions and conditions of, this MOU, "grievance" is defined as a dispute between the Union and the City, over the interpretation or application of this MOU. The term "grievance" does not include "discipline" as defined herein.
(b) For the purposes of, and subject to the terms, provisions and conditions of, this MOU, "discipline" is limited to any action taken by the City against a permanent Police Unit employee which:
(1) is punishment or discipline of the employee,
(2) will result in a reduction or loss in the employee's salary, (3) is not the result of a lay off or (v) a written reprimand.

Section 9.3 Step One
An attempt shall be made to ascertain all facts and adjust such grievance or discipline on an informal basis between the employee and, if he or she desires, the employee's representative, on the one hand, and the immediate supervisor, on the other hand. Presentation of such grievance or discipline shall be made within fourteen (14) calendar days of the incident causing the grievance or discipline, or the date on which the employee first became aware of it.

Section 9.4 Step Two
(a) If the grievance or discipline is not adjusted to the satisfaction of the employee within seven (7) calendar days after presentation to the grievance or discipline to the immediate supervisor, and if the Union wishes to resolve the matter, the grievance or discipline shall be submitted in writing by the employee or his or her representative to the Police Chief within the next seven (7) calendar days. The Police Chief shall meet with the employee and his or her representative within fourteen (14) calendar days of receipt of such written grievance. In the event that the Police Chief is unable to schedule a meeting within 14 calendar days, he/she will schedule a meeting as soon as is reasonably feasible. (b) Following the meeting, the Police Chief shall deliver his or her decision in writing to the employee, along with reasons for such decision, within fourteen (14) calendar days. In the event that the Police Chief is unable to render a decision a within 14 calendar days, he/she will do so as is reasonably feasible.

Section 9.5 Step Three
If the grievance or discipline dispute is not adjusted to the satisfaction of the Union, the Union may submit an appeal to the City Manager. The appeal must be delivered to the City Manager within fourteen (14) calendar days after the date of the Chief of Police's written decision. The parties may mutually agree to utilize mediation and or advisory arbitration prior to the City Manager making a final decision.

Section 9.6 Modification of Time Limits
The above time limits may be modified by mutual agreement.

ARTICLE 10: HOURS AND OVERTIME
Section 10.1 FLSA 7(k)
Pursuant to Section 7(k) of the FLSA, the City has established a 14-day, 84-hour work period for nonexempt sworn police Department employees.

Non-exempt sworn employees in the Police Department shall receive compensation at the rate of time and one-half for all hours worked in excess of 84 hours in any 14-day work cycle.

Section 10.2 Prior Approval
Non-scheduled overtime shall only be worked with department approval, (sergeant or higher unless authority is changed by the Chief). Working overtime without advance approval may be grounds for discipline. Overtime-eligible employees who are directed to work overtime must do so.

Section 10.3 Meal and Rest Periods
The City reserves the right to provide meal and rest periods to employees at its discretion based on operational needs. To the extent possible, Shift employees should be given a thirty (30) minute meal break per duty shift and two (15) minute breaks, during which time he/she will remain on duty, in uniform and subject to call. Employees shall not be eligible for overtime pay for breaks and meal periods not taken due to duties and responsibilities of work assignments.

ARTICLE 11: Out Of Class Pay
To be eligible for the additional compensation, the employee must first work an entire, completed, full work shift for 10 consecutive workdays in the higher class within any 30 day period. Once this qualification is satisfied, no additional requalification will be required.

Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 10 Temporary assignments out of class shall be recorded only in full-shift units. An employee working out of class for less than one full shift will not be credited with working out of class service time. To qualify for out of class pay, an employee must be assuming substantially the full range of duties and responsibilities of the higher-level position. Time worked in a higher class shall not earn credits toward the completion of probationary requirements in the higher class.

An employee who has qualified under these provisions will be compensated at the minimum rate established for the higher class for each completed work shift served in the higher class after 10 days have been completed. In the event of overlapping salary ranges, a one-step differential shall be paid for out of class assignments. The higher rate of pay shall be used in computing overtime when authorized overtime is served in a non-exempt, out of class work assignment. The overtime rate shall be the rate established by the overtime regulations that apply to the higher class.

Time worked in an out-of-class assignment shall not earn credits toward seniority or the completion of probationary requirements in the higher class and does not change the employee’s FLSA exemption.

B. Acting Pay

1. Employees who are assigned to and actually perform the duties of a position with a higher salary classification than that in which they are regularly employed will receive the compensation specified for the position to which they are assigned, if performing the duties thereof for a period of fifteen (15) or more consecutive workdays.

2. The increased compensation will be at such step within the higher class as will accord such employee an increase of at least five percent (5%) over his or her current regular compensation.

3. Time worked in an acting position shall not earn credits toward seniority or the completion of probationary requirements in the higher class and does not change the employee’s FLSA exemption.

ARTICLE 12: COMPENSATORY TIME
Section 12.1 Compensatory Time Bank
Employees who work overtime can accrue compensatory time off (“CTO”) in lieu of cash overtime only at the approval of the Department Head in advance. For those non-exempt employees who are eligible to receive earned overtime in the form of compensatory time off (“CTO”), the maximum allowable hours that may be contained in an employee’s compensatory time off bank is 40 hours.

Accrued and unused compensatory time off will be paid out upon separation of employment.

Section 12.2 Comp Time Bank Cap
The cap for maximum accumulation of compensatory time off for Association members shall be forty hours (40).

ARTICLE 13: COURT TIME
Section 13.1 Court Stand-by
Employees placed on stand-by at a time they are not scheduled to work, shall receive three (3) hours pay at time and a half. If Court Stand-by is connected to an employee’s shift, and is less than 3 hours, the employee shall be compensated only for the number of hours they were on stand-by status that were outside of their assigned shift.

Section 13.2 Court Appearance
Employees called to court from court standby shall receive three (3) hours pay or actual court time, whichever is greater, at time and one-half. Court pay is not in addition to stand-by pay, if any.

Employees called to court when off duty shall receive three (3) hours pay or actual court time, whichever is greater, at time and one-half.

ARTICLE 14: CALL BACK
Section 14.1 Call Back Minimum
When an employee is required to return to work or report to work when they are not scheduled to work, the employee will receive a minimum of two (2) hours of pay at time and-one-half their equivalent hourly rate. In the event an employee is required to work more than two (2) hours, the employee will be paid for actual time worked at time-and one-half their equivalent hourly rate.

ARTICLE 15: SHIFT CHANGE
Section 15.1 Chief’s Discretion
Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 12 Shift change shall take place at the discretion of the Chief of Police.

Section 15.2 Probationary Police Officers:

Department management retains the discretion to assign probationary Police Officers to particular shifts until the shift change immediately following the employee’s successful completion of probation.

Section 15.3 Management Discretion
Department management retains the discretion to assign Police Officers if the assignment is the best interest of the Department.

Section 15.4 Shift Trades
Shift trades are authorized with Department management approval. Department management retains the discretion to assign Police Officers if the assignment is in the best interest of the Department.

ARTICLE 16: COMPENSATION
Section 16.1 Salary
A. Salary Adjustments.

There shall be no increases for the term of this MOU
The adjusted base pay for Association members shall be the amounts reflected in the Salary Schedule Resolution, attached to this Agreement as Appendix “A.” B. Base Pay. Base pay shall mean only the assigned salary to any unit classification exclusive of any other type or form of compensation.

Section 16.2 Salary Steps
A. Step Increases
The basic salary range for all classifications shall consist of salary steps ranging from A to F. Step increases are not automatic, but are merit-based and may be granted for continued improvement and increased service value of an employee, and other pertinent factors as determined by the employee’s Department Head and the City Manager. Step increases shall be made only upon the recommendation of the Department Head concerned, approval of the City Manager, and only where the Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 13 City budget allows for compensation increases.

Nothing herein prohibits the granting of a step increase to an employee at any time, or Management’s ability to hire at whatever step is appropriate. No step increase shall be made so as to exceed any maximum rate established in the Classification and Compensation Plan for the class to which the employee’s position is assigned.

1. Salary Step A shall be paid at initial employment and may be paid after six months of employment in ranges having an entry-level step, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

2. Salary Step B may be paid after six months or after one year at Salary Step A, in ranges having an entry level step where the employee has demonstrated satisfactory job progress, and normally increasing productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

3. Salary Step C may be paid upon completion of one year of employment in Salary Step B where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

4. Salary Step D may be paid upon completion of one year of employment in Salary Step C where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

5. Salary Step E may be paid upon completion of one year of employment in Salary Step D where the employee has demonstrated satisfactory job progress and productivity and upon the recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

6. Salary Step F may be paid upon completion of one year of employment in Salary Step E where the employee has demonstrated satisfactory job progress and productivity and upon the recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 14 B. Special Salary Adjustments
A Department Head may recommend to raise a regular employee to a higher range than their base range in recognition of meritorious service, advanced education beyond the requirements of the position they hold, and other extraordinary attributes related to their public service. Such increased compensation is subject to the approval of the City Manager and the availability of budgeted monies.

C. City Manager Discretion
In any case where rigid adherence to the foregoing principles related to salary adjustment would cause a manifest injustice, the City Manager, on recommendation of the Department Head, may make such order relating thereto as in its discretion is proper.

Section 16.3 Educational Incentive
The City shall provide an incentive to obtain a level of education beyond that of high school graduation provided the course of study is in a job-related subject.

Eligible employees designated by the City will receive the following monthly stipends. The stipend will be paid on the first paycheck of the month.

Compensation is as follows:

A. An employee with a bachelor’s degree, shall be compensated $20.00 per month.

B. An employee with a master’s degree, shall be compensated $40.00 per month.

Section 16.4 POST Incentive Pay
The City will grant all eligible unit members who possess the following certificates an Intermediate, Advanced Certificate from the Commission of Peace Officers and Standards Training (POST) of the State of California as follows:

16.4.1 Intermediate Certificate
Police officers who possess an Intermediate POST Certificate will receive the stipend of $30.00 per month.

16.4.2 Advanced Certificate
Police officers who possess an Advanced POST Certificate will receive the stipend of $35.00 per month. Public safety officers receiving the Advanced POST Certificate pay will not receive the Intermediate POST Certificate pay.

Section 16.6 Special Assignment Pay

1. Field Training Officer (“FTO”) $50.00
The FTO will be designated by the Police Chief. The FTO must successfully pass testing including a passing an oral examination by a review board. The FTO position requires two years of experience. In order to be eligible for the stipend, the FTO must train officers for a minimum of seven days in each month.

2. K-9 Officer $40.00
When a K-9 position is available, officers will be able to apply for the position by taking a test and passing an oral review board. The K-9 position requires the assigned officer to take responsibility for the K-9 dog at all times. The Officer must live within a 40-mile driving radius of the city so they can respond in a timely manner if called to do so when not on a scheduled duty shift. The officer must also bathe, feed, and house the dog in a kennel area at their residence. The officer and the dog attend training for liability and continued/consistent training reasons.

ARTICLE 17: HEALTH AND ANCILLARY BENEFITS
The City provides a medical insurance plan, a dental insurance plan, and a vision insurance plan for eligible employees and their dependents. Employees may be required to contribute to the cost of these benefits. Part-time and temporary employees are not entitled to health insurance benefits. Details about medical, dental and vision insurance coverage offered by the City are available in a separate publication distributed by the City Manager or his/her designee. The City retains the right to change the City-wide medical plan. The City agrees to provide advance notice to the POA if it decides to change the City-wide medical plan.

Section 17.1 Medical Benefit Plan
The City offers PACE Group: Available plans are Anthem PPO and EPO as well as Kaiser HMO> Coverage is available for Full-time Employee and eligible dependents the first of the month following thirty days of full time employment.

Section 17.3 Vision Benefit Plan
The City offers Vision Service Plan (VSP) coverage for full-time employees and eligible dependents the first of the month following thirty days of full time employment.

Section 17.4 Deferred Compensation
The City provides a deferred compensation plan with Mass Mutual as the Plan Administrator. Employees may tax defer voluntarily retirement contributions up to the maximum allowed by federal law.

Section 17.5 Employee Assistance Program
The City provides an Employee Assistance Program at no cost to Association members.

Section 17.6 Death Benefit
In the event that an Association member covered by this agreement is killed, not by a disease but by an injury occurring in the line of duty, that is, which injury is job connected, then the City shall pay a death benefit in the amount of forty-five thousand ($45,000.00). No benefit will be payable to an Association member who, at the time of death, was engaged in willful and wanton misconduct, as defined by the City.

The payment shall be made to the beneficiary designated under the City’s 401K Plan. If there is no such beneficiary, the payment will be made to the estate of the deceased. This benefit shall not be reduced by other benefits received in this event.

In the event that an Association member covered by this Agreement is killed under the conditions specified above, and the City awards the death benefit as specified above, then the City shall also pay the sum of five thousand dollars ($5,000.00) towards funeral and related expenses. This benefit shall be made to the beneficiary who receives the death benefit as specified above, or to the estate of the deceased if there is no such beneficiary. In the event that no death benefit is Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 17 paid, neither shall this benefit be paid. This benefit shall not be reduced by other benefits received in this event.

In the event of a dispute regarding the dispensation of these benefits between City and Association upon an actual death of this nature, the City agrees to meet and confer with the Association. However, the City retains the right to make a final decision regarding these benefits.

ARTICLE 18: RETIREMENT BENEFITS
SECTION 18.1 RETIREMENT
Subject to terms of the City’s retirement plan, the City offers retirement benefits to employees. All regular employees are eligible to participate after completing 12 months of employment with the City. Generally, the City will contribute 10% of the employee’s base pay to their 401(k) retirement plan, which is subject to a vesting schedule under the City’s plan.

SECTION 18.2 Current Vesting Schedule
A. The City shall contribute 10% of the employee’s gross salary into a 401k account.

Employee will be fully vested after 3 years
a. Vesting Schedule: Year 1 – 33%
b. Vesting Schedule: Year 2 – 66%
c. Vesting Schedule: Year 3 – 100%
Section 18.3 RETIREES BENEFITS

18.3.1 Flat Badge Upon Honorable Retirement
Except as otherwise provided under Penal Code section 26305, upon retirement and issuance of a carry concealed weapons (CCW) endorsed identification card, Association members may be given a flat badge at the City's expense.

ARTICLE 19: LEAVES OF ABSENCE
Section 19.1 Vacation

19.1.1 Accrual Rates
Regular full-time employees accrue paid vacation leave in accordance with the following policy:
• Fewer than 6 months: No accrual;
Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 18 • 6-12 months: 5 days (or one times the number of hours in the basic workweek if less than 40 hours per week);
• 12 months – 4 years: 10 days per year (or two times the number of hours in the basic workweek if less than 40 hours per week);
• 5 – 9 years: 15 days per year (or three times the number of hours in the basic workweek if less than 40 hours per week); and
• 10 years+: 20 days per year (or four times the number of hours in the basic workweek if less than 40 hours per week).
• Vacation time accrues from the first day following an employee’s completion of 12 months of employment at biweekly rates consistent with the above schedule.

19.1.2 Accrual Caps
The City encourages employees to take vacation annually. Vacation time may not exceed the following maximum amounts:
• With 12 months-4 yrs. Service: 15 working days (120 hours) • With 5-9 yrs. Service: 22.5 working days (180 hours)
• With 10+ yrs. Service: 30 working days (240 hours)
The City does not grant retroactive vacation for any period of time during which the employee’s vacation time reached the maximum accrual allowed. Each employee has a responsibility to keep track of his/her accrued vacation time.

SECTION 19.2 SICK LEAVE
Sick leave is a benefit that employees accumulate in order to provide a cushion for incapacitation due to illness. It is intended to be used only when actually required to recover from illness or injury; sick leave is not for “personal” absences. Time off for medical and dental appointments will be treated as sick leave. In addition, the first three (3) days or 24 hours of sick leave provided in a 12-month period may be used for purposes in accordance with the California Paid Sick Leave law (“AB 1522”) as provided in this policy. The City will not allow abuse or misuse of an employee’s sick leave privilege.

19.2.1 Accrual and Use. Every full-time, regular and probationary employee shall accrue sick leave time at the rate of 8 hours per month. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 19 unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave.

19.2.2 Maximum Accrual. Sick leave shall accrue to a maximum of nine hundred and sixty (960) hours. An employee having accumulated the maximum 960 hours who has not used any sick leave during the preceding six months shall receive eight hours off work with pay; this leave shall been known as “unused sick leave bonus leave.” The City does not pay employees in lieu of unused sick leave.

19.2.3 Evidence of Illness. If an employee is absent longer than three (3) days due to illness, the Personnel Officer may require evidence in the form of a physician’s certificate, or otherwise, of the adequacy of the reason for an employee’s absence during the time for which sick leave is requested. Where there is a reasonable belief that the employee is not ill or is misusing sick leave, the Personnel Officer has the discretion to also require such evidence of the need for sick leave from the employee. The City may withhold sick pay if it suspects that sick leave has been misused.

19.2.4 Penalty for Sick Leave Abuse. When, in the judgment of the Personnel Officer, the employee's reasons for being absent because of alleged sickness are inadequate, he/she shall indicate on the payroll time report that the absence was without leave and without pay. In addition, the Personnel Officer may impose such disciplinary action as in his/her discretion seems warranted, following procedures set forth in this Handbook.

19.2.5 Sick Leave and Temporary Disability. A City employee who is entitled to temporary disability indemnity under the State Labor Code may elect to take that number of hours or portions of hours of his/her accumulated sick leave, or his/her accumulated vacation, as when added to the disability indemnity will result in a payment to the employee of his/her full salary. When accumulated sick leave, or vacation, or both, are exhausted, the employee is still entitled to receive disability indemnity.

SECTION 19.3 Bereavement Leave
Employees are eligible for bereavement leave after serving six months of fulltime employment with the City.

19.3.1 Leave with Pay. Immediate Family Members Whenever any employee is compelled to be absent from duty by reason of the death of an immediate family member of the employee, such person shall be entitled to a maximum of three (3) consecutive scheduled work days off with pay, as to each such instance of death or Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 20 critical illness. For the purpose of this subsection 9.05 “immediate family member” shall mean the employee’s current spouse, registered domestic partner, child, parent, grandparent, brother or sister. For good cause shown, the employee’s supervisor may approve additional unpaid time off. If the employee has vacation time available, he/she may used such time for additional bereavement days off.

19.3.2 Leave without Pay. Other Family Members Whenever any employee is compelled to be absent from duty by reason of the death the employee’s legal guardian, grandchild, mother-in-law, father-in-law, sister-in-law, sonin-law or daughter-in-law, such person shall be entitled to a maximum of two (2) consecutive scheduled work days off without pay, as to each such instance of death. For good cause shown, the employee’s supervisor may approve additional unpaid time off.

If the employee has vacation time available, he/she may use such time for additional bereavement days off.

SECTION 19.4 Military Leave
Military leave shall be granted according to 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 19.5 Recognized Holidays
The following holidays shall be observed by the City with respect to all employees of the City, except shift employees of the Police Department:

1. January 1 – New Year’s Day

2. Martin Luther King Jr’s Birthday

3. Presidents’ Day

4. Memorial Day

5. July 4th – Independence Day

6. Labor Day

7. Veteran’s Day

8. Thanksgiving Day

9. Day after Thanksgiving Day

10. December 24 – Christmas Eve

11. December 25 – Christmas Day

12. December 31 – New Year’s Eve
Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 21 When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday. However, the City may close on another day. Holiday observance will be announced in advance.

Each employee’s eligibility for holiday pay begins on the first day of employment. To be eligible for holiday pay, you must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by your supervisor and the employee is using paid leave for the absence. Employees on 9/80 schedules will be paid for holidays as described in the section on Alternate Work Schedules, 7.05.C. Part-time and temporary employees are not entitled to holiday pay.

Section 19.6 Personal Day Off
Employees will be paid out any unused accrued personal day off at the time of separation of employment.

In addition to holidays and vacation time off, the City grants each full-time employee one personal day off work each fiscal year. Newly hired employees must work at least six months in the fiscal year before becoming eligible for the personal day off. The personal day will consist of one regularly-scheduled work day. The personal day off must be requested in advance and approved by the Department Head. The personal day off must be taken as a single, full day off and cannot be broken up into increments. Personal days off for Department Heads must be approved by the City Manager his/her designee. If an employee does not use the personal day off during the fiscal year, it will not be carried over into the subsequent fiscal year.

Employees who work on shift basis and employee observes personal day off will receive the same number of paid hours the employee would have received for the regularly scheduled work day. For example, if the shift employee observes the personal day off on a Wednesday when the employee is scheduled to work (12) hours, the employee will receive twelve (12) hours of personal day off pay.

Employees working on a 9/80 schedule will be compensated will receive the same number of paid hours the employee would have received for the regularly scheduled work day. For example, if the personal day off is observed on a Tuesday when the employee is schedule to work nine (9) hours, the employee will receive nine (9) hours of personal day off pay. If the personal day off is observed on a Friday, the employee will receive (8) hours of personal day off pay.

Section 20.2 Assigned Take Home Vehicles

20.2.1 A take home vehicle program shall be established in accordance with Department Policy 703 for Police Officers, and Police Sergeants.

20.2.2 Employees must reside within a 40-mile radius from the McFarland Police Department.

20.2.3 The City Manager or Department Head may suspend or revoke any employees take home vehicle privilege as part of disciplinary action for that employee or in circumstances specific to that employee that, in the City's determination, present a significant additional risk to the City's property or liability exposure. Absences in excess of fourteen (14) consecutive calendar days, for any reason, will extend this period on a day-by-day basis for each calendar day beyond the initial 14 days of absence.

Section 20.3 Body Armor
The City shall provide all safety equipment as outlined in the Department Policy Manual. In addition, the City will provide Level IIIA, or above, bullet proof vests to employees requiring such protection. The vests will be replaced by the City pursuant to the manufacturer’s recommendation. The City shall also provide personal protective equipment in compliance with the Occupational Safety and Health Administration (OSHA) requirements.

The City will replace the outer tactical vest every four (4) years.

Section 20.4: Tuition Reimbursement
A. Employees shall be reimbursed for approved educational tuition and books up to the current maximum amount set by the City Council, subject to the budget. In order to be reimbursed, the employee must achieve at least a “C” grade or the equivalent.

Employees will be reimbursed after proper proof of completion of class is submitted by producing a transcript.

General Services Administration guidelines for meals and incidental expenses.

Additional per diem, see employee handbook.

ARTICLE 22: LABOR/MANAGEMENT COMMITTEE
The City and the Association agree that it is beneficial to maintain positive communications. Therefore, the parties have established an informal labor/management committee. Either party may request a meeting. A meeting will be scheduled if both parties agree that meeting is appropriate. Meetings shall continue as long as the meetings are deemed mutually beneficial by both parties.

ARTICLE 23: PERFORMANCE EVALUATION
Performance evaluations for non-probationary employees will be completed every twelve months. Information contained in any counseling’s may be used in the completion of the annual performance evaluation.

ARTICLE 24: DUES DEDUCTION
It is mutually agreed that the City will, during the term of this MOU deduct, without charge, dues from the pay of those employees who individually provide written authorization for such dues in an amount certified to be current and correct by the President of the MPOA or their designee. There shall be no more than one deduction per pay period and the total of such deductions shall be remitted by the City to the MPOA. “Dues” in this context means any deduction voluntarily authorized by an Association Member City employee.

ARTICLE 25: PROVISIONS BY LAW
Section 25.1 City resolutions
It is understood that existing ordinances, resolution and written policies of the City cover matters pertaining to employer-employee relations including, but not limited to, salaries, wages, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all ordinances, resolutions and policies, including the Employer-Employee Relations Resolution are hereby incorporated herein by this reference and made part hereof as though fully set forth and except as provided herein shall remain in full force and effect during the term hereof.

Section 25.2 Meet and Confer Waiver
The City and the Association agree that for the term of this Agreement, each party waives its rights and each party agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement except as expressly provided for in this Agreement and as to meeting and conferring over the renewal or continuation of this MOU at its expiration date in accordance with said Employer-Employee Relations Resolutions.

Section 25.3 MOU subject to laws
It is understood and agreed that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations, or otherwise held invalid or unenforceable by any tribunal of competent, jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of the MOU shall not be affected thereby and shall remain in full force and effect.

Section 25.4 Ratification
Upon ratification by the membership of the Association and by the City Council this MOU shall be effective through June 30, 2022 and for the durations of any agreed upon extension.

MCFARLAND POLICE OFFICERS ASSOCIATION

FOR THE ASSOCIATION FOR THE CITY
_________________________________ ___________________________________ George Alwaw, President Date XXXXXXX, City Manager Date Memorandum of Understanding between
The City of McFarland and
McFarland Police Officers Association
2021-2022
______________________________________________________________________________ _____________________________________________________________________________________ 26 APPENDIX A

MEMORANDUM

CITY OF MCFARLAND
TO: Honorable Mayor and Council Members
FROM: Peter Cosentini, Assistant City Manager
Larry Ronk, Interim Community Development Director
DATE: January 27, 2021
SUBJECT: Land and Water Conservation Fund Grant (Community Garden) SUMMARY:

The California Department of Parks and Recreation issued a Notice of Funding Availability for Land and Water Conservation Fund Grant-In-Aid program. This grant awards funds to create new parks for underserved communities and provide community spaces for healthy lifestyles, children’s play areas, and cultural activities.

Funds awarded will be used to construct the Community Garden and Trail. The City of McFarland is requesting Six Hundred Thousand Dollars ($600,000.00).

RECOMMENDATION:

City Council to authorize city manager to sign application, approve submission of application and adopt resolution titled “Resolution of the City Council of the City of McFarland Approving the Application for Land and Water Conservation Fund Community Garden Project”.

FISCAL IMPACT:
50% Match Requirement – The City will be providing match funds from other State Grants.

ATTACHMENTS:

1. Resolution No. 2022-0002
Resolution No. 2022-0002

RESOLUTION OF THE CITY COUNCIL OF THE

APPROVING THE APPLICATION FOR LAND

AND WATER CONSERVATION FUND

ND TRAIL PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, the Applicant certifies by resolution the approval of the Application and the availability of eligible Matching funds prior to submission of the Application to the State; and
NOW, THEREFORE, BE IT RESOLVED that the (Governing Body):
hereby:

1. Approves the filing of an Application for Land and Water Conservation Fund assistance for the proposed;
(Project Name):

2. Agrees to abide by Section 6(f)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

4. Appoints the (Authorized Representative Designated Position Title):
as agent of the Applicant to conduct
all negotiations and execute and submit all documents, including, but not limited to, Applications, Contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

Approved and Adopted on the day of , 20 .

I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by (Applicant’s Governing Body):
following a roll call vote:

AYES:

NOES:

ABSENT:

Sally Tofoya, Mayor
City of McFarland
ABSTAIN:

Attest: ________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _______________________________________
Francisca Alvarado, City Clerk City of McFarland

McFarland City CouncilJanuary 27, 2022

McFarland City Council
January 27, 2022