McFarland City Council
December 8, 2022

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR DESIGN PROFESSIONAL CONSULTANT SERVICES

BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND
WILLDAN FINANCIAL SERVICES.

THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and WILLDAN FINANCIAL SERVICES, a California corporation (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services:

Development Impact Fees Update
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

AGREEMENT

1. TERM OF AGREEMENT

1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment “A” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than May 1, 2023, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A)

2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment “A” which is attached

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”

2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required in order to properly comply with all City, State, and Federal law.

2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B)

3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment B, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.

3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

3.3. The amount set forth in Attachment B may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

4. SUBCONTRACTING

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT C)

5.1. Attachment C is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.

5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.

6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Contractor’s right to payment for such additional services.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

7. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.

8. TERMINATION OF AGREEMENT

8.1. In the event of Consultant’s failure to prosecute, deliver, or perform the described services, the City may terminate this Agreement by notifying Consultant by certified mail of said termination. Thereupon, Consultant shall cease work and within five (5) working days:
(1) assemble all materials and records prepared or obtained in the performance of this Agreement and deliver said documents to the City and (2) place all work in progress in a safe and protected condition. The City Manager of the City shall make a determination of the percentage of work which Consultant has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Consultant.

8.2. This Agreement may be terminated by either party, without cause, upon the giving of ten (10) days written notice to the other party. Prior to the 10th day following the giving of the notice, the Consultant shall: (1) assemble all materials and records prepared or obtained in the performance of this Agreement and deliver said documents to the City and (2) place all work in progress in a safe and protected condition. The City Manager of the City shall make a determination of the percentage of work which Consultant has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Consultant.

9. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

10. OWNERSHIP OF DOCUMENTS

10.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

10.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.

11. INDEPENDENT CONTRACTOR

11.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent Contract and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.

11.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

12. HOLD HARMLESS AND INDEMNIFICATION

12.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.

12.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.

12.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions,

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers.

12.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

12.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

13. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

14. INSURANCE

14.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.

Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.

C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.

D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.

F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant's failure to maintain insurance or secure appropriate endorsements.

15. DISPUTES

15.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.

B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

15.2. If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the City Manager’s office a letter outlining the dispute for the City Manager’s review. The receiving party may submit further response, if required, to the City Manager within five (5) City working days thereafter. The City Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions, or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

15.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.

This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

16. CONFLICT OF INTEREST. Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

17. CONSULTANT’S BOOKS AND RECORDS.

17.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

17.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

17.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

17.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.

18. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the lime of mailing if mailed as provided in this section.

If to City: Kenneth Williams,
City Manager,
401 West Kem Avenue,
McFarland, California 93250,
Fax: 661-792-3093
Email: [email protected]
If to Consultant: Willdan Financial Services
Carlos Villarreal
27368 Via Industria, Suite 200
Temecula CA 92590

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

19. GENERAL PROVISIONS

19.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

19.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.

19.4. Time is of the essence with regard to each covenant, condition, and provision of this Agreement.

19.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.

19.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

19.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

19.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

19.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.

19.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

20. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.

21. CONSULTANT'S AWARENESS AND COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. Consultant certifies that Consultant is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC § 12101) and has complied with and will comply with these requirements, included but not limited to verifying compliance of their contractors, consultants, agents, and employees.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Date: CITY OF MCFARLAND
By:

Sally Gonzalez
Mayor
Date: WILLDAN FINANCIAL SERVICES.

By:

Name:

Its:

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT “A”
Scope of Work

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT “B”
Payment for Services
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the DESCRIBED SERVICES

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT “C”
Project Schedule and Completion Date
• Four months from approval date of Contract.

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Larry A Ronk III, Community Development Director
DATE: December 8, 2022
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2022-0134 Authorizing the City Manager to Apply and Adopt the Permanent Local Housing Allocation (PLHA) Program.

SUMMARY:

The State of California, Department of Housing and Community Development issued a notice of funding under the PLHA program which would allow cities to apply for funding to address one or more eligible activities. The city would like to apply for funding to assist with First Time Home (FHA) buyers. With the housing developments occurring within the City, the residents will be able to apply for funding and assist them with buying a new home. This funding will have a 15% administrative compensation that the city will be able to receive if awarded.

FISCAL IMPACT:

No Fiscal Impact
RECOMMENDATION:

Staff recommends City Council approve Resolution No. 2022-0134 authorizing the City Manager to Apply and Adopt the PLHA Program.

ATTACHMENTS:

Resolution No. 2022-0134
RESOLUTION NO. 2022-0134

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING

THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM
WHEREAS, the City Council of the City of McFarland hereby consents to, adopts, and ratifies the following;
WHEREAS, the Department is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)).

WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability(“NOFA”) dated 5/3/2021 under the Permanent Local Housing Allocation (PLHA) Program;
WHEREAS the City of McFarland is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT:

1.If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2.Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $676,841.00 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department

4.Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5.Applicant certifies that it was delegated by The City Marcos to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B)and (C).

9. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55years.

10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

11. The City Manager or Designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 8th day of December 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Sally Tafoya, Mayor
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
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The city is in the process of updating its current housing element. Once updated, it will help residents purchase new homes being built that comply with and meet the new housing element requirement. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The city will use the allocated funds to assist First Time Home Buyers. There is a new housing development, and the city sees this as an opportunity to assist residents with purchasing a new home. The housing market is high now, which is an excellent opportunity for residents to receive this aid. The city will seek help from Self-Help to implement the process and administrate the funds to these residents. Self-Help has given the city approval to administer this funding to the city. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The city has a median household income that is below the state average. In addition, the city is considered a rural community, and many developments fall under USDA funding. Funding from these allocated funds will allow residents to buy homes for their families with down payment assistance, thus allowing more residents to purchase houses that cannot afford a large down payment.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing (AOWH)
The city will use the allocated funds to assist First Time Home Buyers. There is a new housing development, and the city sees this as an opportunity to assist residents with purchasing a new home. The housing market is high now, which is an excellent opportunity for residents to receive this aid. The city will seek help from Self-Help to implement the process and administrate the funds to these residents. Self-Help has given the city approval to administer this funding to the city.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2019 2020 2021 2022 2023
Type of Homeowner Assistance Home Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
100.00% 100.00% 100.00% 100.00% 100.00%
§302(c)(4)(E)(ii) Area Median
Income Level Served 100% 100% 100% 100% 100% TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
$112,806 $174,618 $177,939 465363
§302(c)(4)(E)(ii) Projected
Number of Households Served 0 0 0 25 20 45
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity
0 0 0 9 12
The following are the significant steps/actions and schedule for the implementation and completion of the Activity:

1. Apply for Grant Allocation - 11/30/2022

2. Possible Receive Fund - 1/30/2023

3. Strike agreement with Self-Help for Administrating funds - 2/23/2023

4. Create a flyer and publicize funding available to residents - 3/1/2023

5. Implement the funding for residents - 3/1/2023
PLHA Page 1 302(c)(4) Plan
1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
Mario Gonzales, Public Works Director
DATE: December 8, 2022
SUBJECT: Report, Discuss, and Possible Direction of City of McFarland Speed Bump Policy SUMMARY:

Council requested staff to construct a policy and procedure for speed bump request within the City limits of McFarland. Staff conducted research and drafted a policy and procedure for review discussion, and further direction from Council. The City Attorney reviewed the draft policy and procedures for comments and determined speed bumps are not allowed in other cities as they are not recognized by the State of California as an official traffic control device.

FINANCIAL IMPACT:

Unknown
RECOMMENDATION:

Staff request that the City Council review the speed bump policy and advise staff how Council would like to proceed with this policy.

ATTACHMENT:

SPEED BUMP POLICY

POLICY OF THE CITY OF MCFARLAND

RELATIVE TO THE USE OF ROAD UNDULATIONS FOR

TRAFFIC SPEED CONTROL ON PUBLIC STREETS

PURPOSE
The purpose of this policy is to set forth the process and criteria by which the installation of road undulations may be recommended to the City Council and to identify the conditions which they may be installed on public streets. For purposes of this policy the term "public street" shall not include alleys, whether public or private.

BACKGROUND
The use of road undulations is not intended as solution for all traffic and speed control probfoms.

It will be the City's policy to carefully review each request for the installation of a road undulation to ensure that the proposed location and attending circumstances meet all the criteria outlined in this policy.

POLICY

1. The initiation of requests for Speed Bump installations shall be in accordance with the following:
a. All requests shall originate from the residents of the street. b. The City Engineer shall determine the approximate location of the proposed speed undulation(s) and the affected area required for petition circulation. c. All requests shall be in the form of a formal petition (forms will be supplied by the Public Works Department).
d. A petition supporting the installation of undulations must be submitted containing signatures of residents desiring the installation· of road undulations on the subject street.
e. All petitions shall be circulated by the residents themselves. The sponsor of the petition shall circulate the petition to all residences. f. A separate petition shall be used for each street.
g. Each petition supporting the installation of undulations shall contain the signatures of residents representing at least 75% of the residences that Face directly on the street segment as previously determined by the City Engineer. h. Completed petitions shall be returned to: Public Works Director, City of McFarland, 401 W. Kern Ave. McFarland, Ca 93250.
- 1 -

2. Road Undulations shall only be installed in conformance with design guidelines that have been established by the City Engineer.

3. Since road undulations are still experimental roadway features, additions, alterations, or removals of any or all road undulations by the City may occur at any time.

4. Prior to the installation of road undulations, the City Engineer will notify the Fire Department, the Police Department and ambulance services of each installation.

WARRANTS
The installation of road undulations on public streets will not be considered unless all of the following conditions are met over the entire proposed street segment as determined by the City Engineer:

1. The average daily traffic volume shall be more than 500 but less than 2500 through vehicles per day.

2. The street shall have a posted speed limit of 25 mph or be unposted with a prima facia limit of 25 mph.

3. More than two-thirds (66.7%) of the surveyed motorists must exceed the posted or prima facia speed limit or the 85th percentile must exceed the posted or prima facia speed limit by 10 mph.

4. The street shall not be over 44 feet wide.

5. The street shall have no more than 2 through traffic lanes. The curb adjacent to the road undulation locations must be of the raised six or eight inch standard barrier curb type and not roll-over curb.

6. The street shall have good vertical sight distance, pavement surface quality horizontal sight distance, drainage and street lighting. It must be free of unusual features which might affect the operation of road undulations.
- 2 -

7. The street shall be residential or local street meeting the following definitions as stated in the California Vehicle Code:
"A residential street is defined as a road having 13 or more buildings on one side of the road or 16 or more buildings on both sides of the road, within a distance of 1/4 mile. Buildings must be located with 75 feet of the roadway curb face and they must face and access the street. The street must be at least 300 feet in length and not exceed a total of one mile."

8. To avoid approach speeds of greater than 40 mph, the location of the first proposed road undulation shall be such that the approach speed in advance of the first undulation can be effectively controlled via a physical design feature such as a curve or controlled intersection.

9. Installation of a road undulation will not be permitted where substantial diversion of traffic to other local streets will occur as determined by the City Engineer. "For example, there should be a maximum street length of 1300 feet for the initial petition or else traffic will just go to adjacent streets that also might be residential streets, causing unwanted consequences.

10. Road undulations shall not be considered for streets that serve as bus routes or are commonly used by emergency vehicles as an access corridor.

11. Road Undulations shaHnot be installed on a street where they would cause an aggregate 30 seconds delay in Fire Department response time or if they cause the response to exceed six minutes.

12. Street Lighting must exist on the street blocks where undulations are proposed to be installed.

13. There should be a minimum of 600 feet between controlled intersections, where at least two speed Bumps can be installed.

14. Bumps shall not be installed on streets where there are known drainage/flooding issues.

15. Bumps cannot be installed on horizontal curves where visibility is less than ~150 feet.

PROCEDURES

1. After a petition is received, the City Engineer will a. Verify that each petition contains the requisite number of signatures by calculating the total number of residents that are entitled to sign the petition and ensure that the 75% criterion has been met.
b. Obtain necessary traffic data.
c. Verify compliance with all warrants.

2. All requests for road undulations that meet all policies and warrants will be given to the City Engineer. The City Engineer will review all relevant issues and then make recommendations as to which streets should receive road undulations. - 3 -

PETITION REQUESTING THE INSTALLATION OF SPEED UNDULATIONS

SPEED UNDULATIONS TO BE PAID BY RESIDENTS
We the undersigned residents of _____________________ from Street
_______________
to _______________ do hereby
Street Street
request the City of McFarland to install speed undulations (bumps) on our street.

Address
Neighborhood
Phone
Number
Representative: ____________________________ _
Signature Address
Daytime
Phone#
Please add an asterisk (*) following your name if you are an apartment manager or an officer (give title) of a condominium association ( signing on behalf of your association).

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Diego Viramontes, Finance Director
DATE: December 8, 2022
SUBJECT: Report, Discuss, and Possible Approval of resolution No. 2022-0136, A Resolution of the City Council of the City of McFarland authorizing the reclassification of the Finance Manager Position to the Accounting Supervisor Position and establishing an updated job description and salary range for the Accounting Supervisor Position.

SUMMARY:

Background
Since 2021, there have been numerous reorganizations involving the Finance Department. These reorganizations occurred in an effort to increase efficiencies and to produce cost savings. A recent internal review of the Finance Department indicates an immediate need for internal supervision of key day to day processes such as Utility Billing, Payroll and Accounts Payable. This internal supervision is necessary in order to ensure that Finance Staff at all levels are provided the necessary support and attention on a daily basis.

Reclassification of Finance Manager to Accounting Supervisor Currently, the Finance Department has a vacancy in the authorized Finance Manager position; however, it has been determined that there is a more immediate need for an Accounting Supervisor position to assist with day-to-day support and ensure major projects involving the Finance Department processes mentioned above are completed in a timely manner. In addition, staff feels that this reclassification will produce a broader pool of qualified candidates, both internally and externally. As such, staff is recommending a reclassification of the Finance Manager position to the Accounting Supervisor position.

Updated Job Description and Salary Range for Accounting Supervisor The existing job description and salary range for the Accounting Supervisor was last updated in 2015.

Since then, there have been numerous organizational changes to the Finance Department. In addition, the authorized salary range for the Accounting Supervisor is at range 24 ($21.49-$27.51 hourly) which is below the Staff Accountant range of 26 ($22.58-$28.90 hourly). As such, updates are required to the current job description and salary range in order to remain relevant and equitable within the current Finance Department organizational structure.

Staff performed a thorough review of job descriptions and salary ranges for similar positions in neighboring cities in order to establish a competitive salary range for the Accounting Supervisor position. In addition, Staff considered the fact that the City of McFarland is the only agency that covers 100% of employee health insurance premiums while all other agencies cover approximately 80%. Once all known factors impacting employee pay and benefits are considered and compared to neighboring agencies, it was determined that salary range 38 would be appropriate for the Accounting Supervisor position. Below is a summary of the cost comparison performed between similar positions in neighboring agencies:

RECOMMENDATION:

Staff recommends the City Council discuss and possibly adopt a resolution authorizing the reclassification of the Finance Manager position to the Accounting Supervisor position and establishing an updated job description and salary range (Range 38) for the position.

FISCAL IMPACT:

Net overall cost savings of $26,649. As such, no additional appropriation to the fiscal year 2022-2023 budget is necessary.

ATTACHMENTS:

1. Resolution No. 2022-0136 a, resolution of the city council of the city of McFarland authorizing the reclassification of the Finance Manager Position to the Accounting Supervisor Position and establishing an updated job description and salary range for the Accounting Supervisor Position.

2. Updated Accounting Supervisor Job Description
RESOLUTION NO. 2022-0136

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE RECLASSIFICATION OF THE FINANCE MANAGER

POSITION TO THE ACCOUNTING SUPERVISOR POSITION AND ESTABLISHING

AN UPDATED JOB DESCRIPTION AND SALARY RANGE FOR THE ACCOUNTING

SUPERVISOR POSITION
WHEREAS, the City Council of the City of McFarland deems it in the best interest of the City to reclassify the full-time Finance Manager position to a full-time Accounting Supervisor position; and
WHEREAS, the City Council of the City of McFarland deems it in the best interest of the City to establish an updated job description and salary range for the full-time Accounting Supervisor position.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct.
2) The full-time Finance Manager position is hereby reclassified to a full-time Accounting Supervisor position in the Finance Department.
3) The job description for the Accounting Supervisor position incorporated hereto as Exhibit “A” with a salary range at Range 38 on the Salary Schedule is established. 4) The City Clerk shall certify to the passage and adoption of this resolution. 5) This resolution is effective immediately.

I hereby certify that the foregoing is a full, true and correct copy of the resolution of the City Council of the City of McFarland at a meeting held on Thursday, December 8th, 2022, moved by Councilmember __________________and seconded by Councilmember ___________________, duly adopted and passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
________________________ Sally Tafoya, Mayor
Francisca Alvarado, City Clerk
401 W. Kern Avenue
McFarland, CA
93250
661-792-3091 Office
661-792-3093 Fax
City of McFarland
Accounting Supervisor
Hourly Rate: $30.37-$38.87
Salary Range: $2,429.28-$3,109.65 Biweekly
OPENING DATE: 12/09/2022
CLOSING: Open Until Filled
POSITION SUMMARY:

The fundamental reason this classification exists is to supervise professional and support staff and performs complex and specialized accounting work relating to municipal accounting procedures and records. This is the first full supervisory level in the accountant series, responsible for planning, organizing, supervising and reviewing the work of a group of professional and support personnel. The incumbent in this class exercises a high degree of independent judgment in diverse and specialized accounting projects and has significant accountability and on-going decision making associated with the work.

ESSENTIAL JOB DUTIES & RESPONSIBILITIES:
• Operate as a member of the department management team • Prepares a wide variety of journal actions dealing with payroll, investments, fund transfer, invoices and other subjects.
• Perform a wide variety of financial and statistical analysis. • Develops periodic financial and budget status reports. • Prepares information and recommendations for action by the department head. • Plans, assigns, directs and evaluates the work of assigned staff. • Aids departments in revising record keeping procedures. • Prepares periodic financial statements and reports.
• Maintain general and subsidiary ledgers.
• Coordinates the keeping of a complex set of cost and control accounts. • Confer with departments on accounting and auditing procedures. • Recommends changes in systems and assignments.
• Prepares and provide technical assistance in preparation of administrative reports to the Council and other advisory bodies.
• Perform periodic review, evaluation and modification of internal control procedures. • Assists the department head in establishing and executing goals and objectives. • Works with outside auditors in their review of financial records. • Conduct special analysis and performs special projects. • Assign other duties as needed.

QUALIFICATIONS:

Knowledge, Skills and Abilities:
• Principles and practices of supervision and management. • Governmental accounting.
• Accounting and auditing principles and procedures.
• Personal computer applications, particularly related to sophisticated statistical analysis and data management including database, spreadsheet and word processing software. • Financial, statistical and comparative analysis techniques. • Effectively supervise the flow of work and the systematic keeping of complete and accurate records.
• Analyze and verify financial records and documents.
• Prepare comprehensive financial reports.
• Analyze complex and sensitive administrative, operational, economic, political and organizational problems, evaluate alternatives and reach sound conclusions. • Collect evaluate and interpret varied information and data, either in narrative or statistical form. • Interpret and apply laws, regulations, policies and procedures. • Plan, direct and evaluate the work of staff.
• Prepare clear concise and complete narrative and statistical reports and other written materials. • Coordinate multiple projects and meet critical deadlines. • Exercise sound independent judgment within established guidelines. • Maintain effective working relationships.
• Operate a personal computer.

EDUCATION AND/OR EXPERIENCE:

Any combination of experience and education that would be likely to provide the required knowledge, skills, and abilities could be qualifying, as determined by the City. A typical way to obtain theknowledge, skills, and abilities is:

Education: An Associate of Arts degree in accounting, finance, business administration or a closely related field OR three additional years of supervisory experience may be substituted for the A.A degree Experience: Four years of accounting experience preferably in a governmental or public agency setting.

Lead or supervisory experience is desirable.

Other – Bilingual fluency in English and Spanish is desirable The City of McFarland offers an excellent benefit package including:
• Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents
• Life insurance equal to 1 yr. base salary with a minimum of $50,000 • Retirement - Deferred Compensation 401(k)-The City of McFarland contributes an additional 10% of an employee’s pay each pay period into 401(k) plan, at no cost to the employee.
• The City of McFarland is not a PERS (Public Employment Retirement System) agency.
• Supplemental life insurance (Optional)
• American Fidelity Insurance (Optional)
• Section 125 plan participation
• 12 vacation days, and 12 days sick pay accrued annually • 13.5 Days Holiday Pay
APPLICATION:

To apply, please complete an application online at www.mcfarlandcity.org and email to Human Resources Department, Sarah Drake at [email protected]. Resumes will not be accepted in lieu of a city employment application.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1 990 (ADA), requestsfor special accommodations during any stage of the examination process should be made in advance to the HumanResourcesDepartment.
1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Mayor and City Council
FROM: Kenny Williams Chief of Police / City Manager
DATE: December 8, 2022
SUBJECT: Police Department Structure Changes
Summary:

The McFarland Police Department (MPD) has examined its staffing structure and has determined a change in the staffing structure could bring about better oversight and management of the department. Because the budget is built around the current structure, staff has determined these changes would warrant the elimination of one position within the department and the holding of another position vacant to allow the department to use those funds to create the changes. This change would also help correct the compaction issues the department has with the Officer, Corporal, and Sergeants positions and help provide salary increases to retain employees.

Currently, the MPD has a rank structure that incorporates only two management positions, including the Chief of Police and a Deputy Chief. The administrative work of the department is performed by these two positions with the assistance from one administrative assistant. This has been tasking and unfortunately the administrative workload far outweighs the ability of these two management positions.

Because of the administrative workload, staff is recommending the addition of another administrator at the rank of captain. The captain would be tasked with the oversight of the department under direction of the chief of police and could be tasked with duties such as internal audits, personnel investigations, policy and procedure development and implementation, and assisting the chief of police in examining methods of providing a better service to the community.

The captain position would also be the second in command and fill in for the chief of police in his absences.

With the creation of the captain position the necessity for a deputy chief position would be nonexistent therefore that position would be reclassified into the rank of a lieutenant. Currently, Tyler Helton, holds the position of deputy chief and if approved, his position would be reclassified from a non-exempt, hourly employee to an exempt, salaried employee, at the rank of lieutenant.

To provide equitable wages the position would require an increase in salary.

With the addition of the captain position and the change of the deputy chief’s position, staff is proposing the costs for these increases be offset with the deletion of one sergeant position upon a vacancy and holding the corporal position vacant. The corporal position is currently not filled, and this position would be left vacant until a funding mechanism can be established. 2 | Page
This change would also allow the MPD to correct the issue of compaction related to the salary ranges between the officer rank and the sergeants rank. Currently, the officers rank is at salary range 33 while the sergeants rank is at salary range 34. The corporal rank is also at salary range

34. Because of the compaction issue, there are sergeants within the MPD who make less than some of the officers.

To correct this issue, the funds saved from the elimination of one of the sergeant’s position and keeping the corporals position vacant can fund the captains position, the new lieutenants position, and provide an increase in the salary range for the sergeants position to resolve the compaction issues.

Funding:

The corporal position and the sergeant’s position are both at salary range 34. The elimination of the sergeant position and holding vacant the corporal position will provide an annual cost savings of $239,692.82.

This will allow the MPD to use the $239,692.82 to fund the below changes.

Captain: $158,790.16
I am proposing the creation of the captain position with a salary range of $ 95,000 - $110,000 depending on qualifications. If this position is funded at the top salary of $110,000 plus benefits this will be a total cost of $158.790.16.

Lieutenant: $11,870.98
With the reclassification of the non-exempt deputy chief position to the exempt lieutenant position I am recommending the new salary range from $78,000 to $93,000 and increasing the salary with benefits within that range for Helton to $88,780.90. This will be a total cost of $11,870.98.

Compaction issues: $19,887.74
Staff is recommending the salary range for sergeants be changed from salary range 34 to salary range 41. With this change the three sergeants will be given an increase in salary and benefits of $19,887.74 split among the three positions. This will be a total costs of $19,887.74 Performance based salary increases: $49,143.94
One of the key problems associated with police staffing is the ability to hire and retain employees.

Many other departments struggle with the same issue, such as the Kern County Sheriff’s Office (KCSD) and the Bakersfield Police Department (BPD). Currently the KCSD has over 300 employee vacancies while the BPD has over 75 employee vacancies.

Currently the McFarland Police Department (MPD) has 5 vacancies, having lost 3 dispatchers and 3 officers over this last year. Within the next month the MPD will be losing another officer to another small police department.

Other agencies are offering hiring bonuses, PERS retirement, newer equipment, and newer facilities to attract and retain staffing. To make matters worse, within the next year, the city of 3 | Page
Wasco will be hiring police staffing and offering some of these benefits to attract staffing to their department. There is already talk among MPD staffing concerning Wasco’s salary and benefits which may be attractive to our current staff.

Because of the current and future staffing trends, staff would like to use the remaining $49,143.94, to provided pay increases for individuals whose performance warrants such an increase. Staff believes this would help provide an incentive for employees to remain with the MPD.

In addition, if this plan is approved this would allow the city to allocate the entire $70,000 the city council saved by opting out of medical benefits to the staff members other than the MPD staff.

Below listed is the cost breakdown:

Staffing Change Current funding Cost Remaining
Sergeant & Corporal $239,692.82 0 $239,692.82
Add Captain position 0 $158,790.16 $80,902.66
Deputy Chief to Lieutenant $76,909.92 $11,870.98 $69,031.68 Compaction issue increases 0 $19,887.74 $49,143.94
Salary increases 0 $49,143.94 $0
Fiscal Impact:

These changes would provide no increase in costs to the city.

Recommendation:

Staff recommends City Council discuss and possible approve the structural changes in the MPD including the addition of the captain’s position, the change of the deputy chief position, the salary range change to the sergeant position and an increase in salaries based on performance.

Attachments:

I. MPD Department Staffing
II. Captains job Description
III. Lieutenant job Description
Chief Of
Police
Admin
Assitant Captain
Administration
(Lieutenant)
Training
Community
Service
officer
Comm
Center
Records and
Dispatch
lead
POT
POT
POT
POT
Operations
Sergeant
Officer
Officer
Officer
Officer
Crime Scene
Tech/
Property Rm
Sergeant
Corporal
Vacant
Officer
Officer
Officer
Sergeant
Officer
Officer
Officer
SRO Officer
(Grant)
SRO Officer
(MUSD)
401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org
City of McFarland
Police Lieutenant
Salary: $78,000-$93,000
Opening Date: 12/12/2022
Closing: Continuous
Specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under limited supervision, this position is responsible for managing law enforcement activities for their assigned area. Reports to a Police Captain.

REPRESENTATIVE DUTIES
Responsible for the effective supervision and overall management and coordination of law enforcement activities in their assigned area. Manages personnel administration activities to include preparing, conducting, and reviewing performance evaluations; handling disciplinary actions; identifying and conducting training. Approves and monitors leave requests. Provides guidance to officers in the department with respect to evaluating, counseling, motivating, and disciplining subordinate employees.

Patrols and responds to a variety of criminal activities requiring law enforcement, intervention such as homicides, sexual assaults, robberies, property crimes, domestic violence, vice and narcotics related activities, crimes by and against juveniles, and other crimes; evaluates situation and determines the most appropriate course of action.

Pursues or apprehends suspects and criminals; makes arrests which may involve physically restraining or subduing individual(s) and possible use of deadly force; interviews and interrogates victims, witnesses, suspects, and other contact persons; and protects the crime scene for processing; and processes suspects.

Establishes and implements community relations service programs and attends public events.

Researches, assesses needs and establishes specific programs to address neighborhood law enforcement, administrative, or operational issues.

Performs administrative duties in law enforcement to include preparing and monitoring the unit’s budget; overseeing equipment needs; prioritizing and assigning work and related activities; reviewing daily and monthly reports and plans for various criminal and traffic operations.

Performs other duties as assigned.
401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:

Law Enforcement – Knowledge of laws, legal codes, court procedures, government regulations, and the democratic political process.

Management of Personnel – Knowledge of leadership techniques, principles and procedures to assign, schedule, supervise, train and evaluate the work of assigned staff. Knowledge of office systems, practices and administration.

Safety/Security – Knowledge of common safety rules, regulations, procedures and practices to include effective restraint techniques, basic first aid and CPR.

Customer Service – Thorough knowledge of principles and processes for providing customer services.

This includes setting and meeting quality standards for services and evaluation of customer satisfaction.

Required skills:

Judgment/Decision Making — Evaluates the best method of research and then exercises appropriate judgment in establishing priorities and resolving complex matters. Considers the relative costs and benefits of potential actions to choose the most appropriate one.

Interpersonal Relationships – Develops and maintains cooperative and professional relationships with employees, managers, and representatives from other departments and organizations. Shares knowledge with staff for mutual and departmental benefit.

Ability to:

Communication – Ability to communicate ideas effectively, including the preparation of reports and logs. Ability to listen and understand directions, information and ideas presented verbally and in writing. Ability to handle a variety of customer service issues with tact and diplomacy in a confidential manner.

Coordination of Work - Ability to plan and organize daily work routine. Establishes priorities for the completion of work in accordance with sound time-management methodology. Performs a broad range of supervisory responsibilities over others.

Oversee and participate in the management of assigned divisions of the Police Department. 401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying.

COMPENSATION & BENEFITS:

The City of McFarland offers an excellent benefit package including:
• Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents.
• Life insurance equal to 1-year base salary with a minimum of $50,000 • Retirement: Deferred Compensation 401(k)-The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. • Supplemental life insurance (Optional)
• Aflac Insurance (Optional)
• Deferred Compensation 457 Plan (Optional)
• Section 125 plan participation
• 12 days' vacation and 12 days sick pay accrued annually. • 13.5 Days Holiday Pay
APPLICATION:

To apply, please complete an application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application.

EQUAL OPPORTUNITY EMPLOYER:

The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department 401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org
City of McFarland
Police Captain
Salary: $95,000-$110,000
Opening Date: 12/12/2022
Closing: Continuous
Specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under administrative direction, assists in the administration and supervision of the Police Department; directs, manages, supervises, and coordinates activities and operations within the Police Department; coordinates assigned activities with other divisions, departments, and outside agencies; provides highly responsible and complex administrative support to the Chief of Police; and assumes command of and responsibility for the department in the absence of the Chief of Police.

REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address needs and changing practices.

1. Assists the Chief of Police in planning, directing, coordinating, and controlling Police Department operations.

2. Assumes management responsibility for services, programs, projects, and activities within the Police Department; coordinates the activities of sworn and non-sworn personnel in preserving order, protecting life and property, investigating crimes, and in enforcing laws and municipal ordinances.

3. Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs; recommends and administers policies and procedures.

4. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; recommends, within departmental policy, appropriate service and staffing levels.

5. Studies crime reports and current literature in law enforcement to determine trends and make recommendations for changes in organization and operating policies and procedures; prepares reports regarding crime incidents, calls, staffing, projects, and other indicators of department effectiveness and efficiency.
401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org

6. Plans, directs, coordinates, and reviews the work plan for assigned staff; assigns work activities, projects, and programs; reviews and evaluates work products, methods, and procedures; meets with staff to identify and resolve problems.

7. Selects, trains, motivates, and evaluates assigned personnel; oversees the conduct of background investigation; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.

8. Participates in the development and administration of the Divisions’ annual budget; participates in the forecast of funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; implements adjustments.

9. Researches and develops grants for assigned programs; oversees grant implementation.

10. Oversees and controls the purchasing, maintenance, and inventory of assigned Police Department equipment, vehicles, and property; oversees and participates in major purchases including researching vehicles and equipment, obtaining price quotes, negotiating purchase, preparing staff/Council agenda reports, preparing purchase order requests, negotiating with vendor, and disseminating purchased equipment.

11. Responds to major incidents reported to the Police Department and ensures that the Incident Commander is following Incident Command System/Standardized Emergency Management System (ICS/SEMS) protocol; assumes role as Incident Commander or other role as needed for the situation.

12. Responds to and resolves difficult and sensitive citizen inquiries and complaints; manages and investigates citizen complaints against employees; prepares reports and maintains administrative files; makes recommendations for disciplinary actions.

13. Serves as the liaison for the assigned functions with other divisions, departments, and outside agencies; participates with community relations including public, media, and press relations; serves as staff on a variety of boards, commissions, and committees; participates in coordinating, planning, and scheduling City special events; attends special events planning meetings.

14. Provides responsible staff assistance to the Chief of Police; conducts a variety of organizational studies, investigations, and operational studies; recommends modifications to programs, policies, and procedures as appropriate; develops and prepares new and revised City ordinances pertaining to the law enforcement services and activities; prepares and presents staff reports and other necessary correspondence.

15. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of law enforcement.

16. Serves as acting Chief of Police as assigned; act on behalf of the Chief of Police in the absence of same.

17. Performs related duties as required.
401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:

Operations, services, and activities of a comprehensive municipal law enforcement program. Law enforcement theory, principles, and practices and their application to a wide variety of services and programs. Principles and practices of law enforcement administration, organization, and management.

Methods and techniques used in providing the full range of law enforcement and crime prevention services and activities including investigation and identification, patrol, traffic control, records management, care and custody of persons and property, and crime prevention.

Use of firearms and other modern police equipment.

Principles and practices of program development and administration.

Methods and techniques of public relations.

Recent court decisions and how they affect department operations.

Principles and practices of municipal budget preparation and administration.

Principles of supervision, training, and performance evaluation.

Pertinent Federal, State, and local laws, codes, and regulations.

Ability to:

Oversee and participate in the management of assigned divisions of the Police Department.

Effectively plan, direct, supervise, and coordinate the work of assigned divisions of the Police Department.

Oversee, direct, and coordinate the work of lower level staff Select, supervise, train and evaluate staff.

Participate in the development and administration of division goals, objectives, and procedures.

Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.

Research, analyze, and evaluate new service delivery methods and techniques.

Respond to requests and inquiries from the general public.

Prepare clear and concise administrative and financial reports.

Prepare and administer large and complex budgets.

Effectively use and qualify with law enforcement tools and weapons including firearms, batons, defensive tactics, and other safety equipment.

Operate specialized law enforcement equipment including specialized police vehicles, radios, video systems, and radars.

Meet the physical requirements necessary to safely and effectively perform the assigned duties.

Act quickly and calmly in emergencies.

Serve as the Chief of Police as necessary.

Interpret, apply, and make decisions in accordance with applicable Federal, State, and local policies, laws, and regulations.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work. 401 W. Kern Ave, McFarland, CA 93250
(661) 792-3091 FAX (661) 792-3093
www.mcfarlandcity.org
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying.

COMPENSATION & BENEFITS:

The City of McFarland offers an excellent benefit package including:
• Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents.
• Life insurance equal to 1-year base salary with a minimum of $50,000 • Retirement: Deferred Compensation 401(k)-The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. • Supplemental life insurance (Optional)
• Aflac Insurance (Optional)
• Deferred Compensation 457 Plan (Optional)
• Section 125 plan participation
• 12 days' vacation and 12 days sick pay accrued annually. • 13.5 Days Holiday Pay
APPLICATION:

To apply, please complete an application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application.

EQUAL OPPORTUNITY EMPLOYER:

The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department 1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams City Manager/Chief of Police
DATE: December 8, 2022
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2022-0137 to establish the Cannabis Review Committee.

SUMMARY:

Measure O, a Cannabis sales tax initiative was placed on the ballot for the November 8, 2022 election for the city of McFarland. Concurrently to the initiative the city begin developing a Cannabis ordinance to detail the various methods Cannabis would be regulated within the city of McFarland.

This proposed resolution is presented to council following council’s discussion concerning the new cannabis ordinance. Based on the recommendation from the City’s attorney, Nathan Hodges, the city desired to have an Ad Hoc committee to render advise and make recommendations to council regarding all matters pertaining to Cannabis within the city of McFarland.

The committee will meet as needed, but no less than once per month and make regular reports to council regarding all items related to Cannabis.

FINANCIAL IMPACT:

There is no financial impact to the city for the formation or continuance of this Ad Hoc Committee.

RECOMMENDATION:

Staff is recommending Council Report, Discuss, and Possibly Approve Resolution No. 2022-0137 to establish the Cannabis Review Committee.

ATTACHMENT:

Resolution No. 2022-0137
RESOLUTION NO. 2022-0137

A RESOLUTION OF THE CITY OF MCFARLAND,

CALIFORNIA, ESTABLISHING A CITY COUNCIL

COMMITTEE TO REVIEW ALL CANNABIS RELATED

ITEMS WITHIN THE CITY OF MCFARLAND
WHEREAS, the City Council wishes to establish an Ad hoc committee to assist the Council with a review of all Cannabis related items within the City of McFarland;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCFARLAND as follows:

1. SECTION 1. Committee Established.
a. The following Ad Hoc Committee is hereby established:
i. Cannabis Review Committee.

2. SECTION 2. General Powers and Duties.
a. The Committee shall have the general power and duty to render advice and make recommendations to the City Council regarding:
i. All City regulations pertaining to Cannabis
ii. All City ordinances pertaining to Cannabis
iii. All other matters pertaining to Cannabis within the city of McFarland. b. Other than requesting information be provided to assist the Committee in determining and understanding the Cannabis related items, the Committee shall not have the power to direct City staff toward action.
c. The Committee shall make regular oral reports to the Council, in addition to any specific reports and recommendations requested by the City Council

3. SECTION 3. Meetings. The Committee shall meet at least monthly, at times and places to be determined by the Committee and shall hold additional meetings as it deems necessary to perform it functions.

4. SECTION 4. On November 23, 2022 Mayor Sally Tafoya appointed Councilman Ricardo Cano and Councilman Saul Ayon to serve on this Ad Hoc Committee. Each appointee shall serve at the pleasure of the Mayor.

5. SECTION 5. The Committee shall not remain in existence for more than one calendar year after its formation unless specifically extended by resolution of the City Council.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 8th day of December, 2022 by the following vote:

AYE NO ABSENT ABSTAIN
Sally Tafoya
Maria T. Perez
Amador Ayon
Saul Ayon
Ricardo Cano
Sally Tafoya, Mayor
ATTEST:

Francisca Alvarado,
City Clerk