AGENDA
MCFARLAND CITY COUNCIL
MCFARLAND SUCCESSOR AGENCY
MCFARLAND PUBLIC FINANCE AUTHORITY
MCFARLAND IMPROVEMENT AUTHORITY
MCFARLAND PARKING AUTHORITY
REGULAR MEETING
CITY COUNCIL CHAMBERS January 12, 2023
103 W. SHERWOOD AVE, MCFARLAND, CA 6:00 PM
In Person Meeting
How to submit public comments:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the city on any item listed on the agenda, or on any non-listed matter over which the city has jurisdiction. At special or emergency meetings, members of the public may only address the city on items listed on the agenda.
There is a time limitation of two minutes per person. For any item that is not on the agenda and within the jurisdiction or interest of the city, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the mayor opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff, and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
Americans with Disabilities Act:
In compliance with the ADA, if you need special assistance to participate in a city meeting or other services offered by the City, please contact the City Clerk’s office, at (661) 792-3091 ext. 2135.
Notification of at least 48 hours prior to the meeting, or time when services are needed, will assist the city staff in assuring those reasonable arrangements can be made to provide accessibility to the meeting or services.
CALL TO ORDER: Mayor Saul Ayon
ROLL CALL:
Mayor, Saul Ayon
Vice Mayor, Ricardo Cano
Council Member/Board Member, Amador Ayon
Council Member/ Board Member, Anita Gonzalez
Council Member/Board Member, Vacant
INVOCATION
PLEDGE OF ALLEGIANCE
PET OF THE WEEK
Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter.
PRESENTATIONS, INTRODUCTIONS AND AWARDS
• Recognition Award Presented to Elias Cruz on Behalf of Mayor Saul Ayon • Appreciation Award to Marias’s Pizza on Behalf of Vice Mayor Ricardo Cano • Recognition Award Presented to McFarland Police Officers Juan Estrada & Andrew Galvan PUBLIC COMMENT: The public may address the Council/Board Member on items, which do not appear on the agenda. Council/Board Members may respond briefly to statements made or questions posed. They may ask a question for clarification; may refer the item to staff for further study or for placement on a future agenda. Speakers are limited to two minutes for each person. Please state your name and address for the record prior to making a presentation. Fifteen minutes total will be allowed for any one subject.
DEPARTMENTAL REPORTS
None
CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and noncontroversial. These items are approved in one motion unless a Council Member/ Board Member or Member from the Public requests to remove a particular item.
1. Approval of Expense Report in the Amount of $328,427.35 from November 30, 2022, to December 13, 2022.
2. Approval of Payroll Report in the Amount of $365,376.95 for the Month of December 2022.
3. Approval of Special Meeting Minutes of December 08, 2022.
4. Approval of Regular Meeting Minutes of December 22, 2022.
5. Approval of Regular meeting Minutes of December 08, 2022.
6. Resolution No. 2023- 0001, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND APPROVING AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR SPAY AND NEUTER.
PUBLIC HEARINGS
None
ADMINISTRATIVE AGENDA
7. Report, Discuss, and Possible Approval of Cannon’s proposal for the Engineering Services to Update to the Sewer System Management Plan (SSMP).
8. Report, Discuss, and Possible Approval of Resolution No. 2023-0002, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE
RECLASSIFICATION OF THE WASTEWATER TREATMENT PLANT OPERATOR IN TRANING TO WASTERWATER TREATMENT PLANT OPERATOR 1 AND AN APPROPRIATION OF AN ADDITIONAL ANNUAL SUM OF $5,383.66 FROM THE
WASTEWATER FUND, TO FUND A RECOMMENDED HIGHER SALARY RANGE INCREASE FOR THE WASTEWATER TREATMENT PLANT OPERATOR 1 POSITION AT RANGE 09 STEP “F” AT $18.99/HOUR.
9. Report, Discuss, and Possible Approval of Resolution No. 2023- 0003, A RESOLUTION OF
THE CITY COUNCIL OF MCFARLAND APPROVING THE POLICY RELATING TO THE USE OF ROAD UNDULATIONS FOR TRAFFIC SPEED CONTROL ON PUBLIC STREETS.
10. Report, Discuss, and Possible Approval of Resolution No. 2023-0004, A RESOLUTION OF
THE CITY COUNCIL OF MCFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 1, CONTINGENT UPON THE RECEIPT OF REQUIRED IMPROVEMENT
BONDS, SUBDIVISION GUARANTEE AND IMPROVEMENT AGREEMENT
AUTHORIZING THE CITY CLERK TO ENDORSE THE FINAL MAP, AND AUTHORIZING THE CITY ENGINEER TO TRANSMIT SAME TO THE COUNTY CLERK’S OFFICE.
11. Report, Discuss, and Possible Approval of Resolution No. 2023-0005, A RESOLUTION OF
THE CITY COUNCIL OF MCFARLAND APPROVING THE IMPROVEMENT AGREEMENT WITH LEORA, LLC FOR TRACT 7393 PHASE 1.
12. Report, Discussion, and Appointment of Councilmembers on Subcommittees and Special District Committees.
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Delano Mosquito Abatement District (DMAD) –
b. Kern Council of Governments (KCOG)-
c. Kern Economic Development Corp. (KEDC) –
d. Kern County Association of Cities (KCAC) -
e. Poso Creek (IRWMP)-
f. Kern Local Agency Formation Commission (LAFCO) –
COUNCIL STATEMENTS AND REPORTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. In addition, Council Members may ask a question of staff or the public for clarification on any matter, provide a reference to staff or other resources for information. Alternatively, request staff to report to the City Council at a later meeting concerning any matter. Furthermore, the City Council, or any member thereof, may take action to direct staff to place a matter of business on a future agenda.
1/3/2023 2:57:42 PM Page 1 of 12
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 11/30/2022 - 12/13/2022
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AAA Services - AAA Services
AAA Services INV0022668 12/07/2022 AAA Quality Services INC-155989 30-500-56800-0000-1 785.81 Vendor AAA Services - AAA Services Total: 785.81
Vendor: Advanced Data Storag - Advanced Data Storage, Inc.
Advanced Data Storage, Inc. 0157131 11/30/2022 Inv. 157131 11/19/22 01-150-52200-0000-1 41.40 Vendor Advanced Data Storag - Advanced Data Storage, Inc. Total: 41.40 Vendor: American Fidelity - American Fidelity
American Fidelity INV0022581 12/01/2022 American Fidelity Accident 1 01-22800-0000-1 19.34 American Fidelity INV0022582 12/01/2022 Life 1 01-22900-0000-1 9.81 American Fidelity INV0022583 12/01/2022 American Fidelity - Disability In… 01-22700-0000-1 200.64 American Fidelity INV0022584 12/01/2022 Health FSA 01-22600-0000-1 14.40 American Fidelity INV0022584 12/01/2022 Health FSA 30-22600-0000-1 2.41 American Fidelity INV0022584 12/01/2022 Health FSA 32-22600-0000-1 2.42 American Fidelity INV0022585 12/01/2022 Life 1 01-22900-0000-1 88.60 American Fidelity INV0022586 12/01/2022 Life 2 01-22900-0000-1 24.00 American Fidelity INV0022596 12/01/2022 Cancer 1 American Fidelity 01-22950-0000-1 13.53 American Fidelity INV0022607 12/01/2022 American Fidelity Accident 2* P… 30-22800-0000-1 15.41 American Fidelity INV0022608 12/01/2022 Life 1 30-22900-0000-1 15.43 American Fidelity INV0022609 12/01/2022 American Fidelity - Disability In… 01-22700-0000-1 101.73 American Fidelity INV0022609 12/01/2022 American Fidelity - Disability In… 30-22700-0000-1 88.41 American Fidelity INV0022609 12/01/2022 American Fidelity - Disability In… 31-22700-0000-1 10.69 American Fidelity INV0022609 12/01/2022 American Fidelity - Disability In… 32-22700-0000-1 45.82 American Fidelity INV0022610 12/01/2022 Health FSA 01-22600-0000-1 19.23 American Fidelity INV0022610 12/01/2022 Health FSA 32-22600-0000-1 25.00 American Fidelity INV0022611 12/01/2022 Life 1 01-22900-0000-1 48.54 American Fidelity INV0022611 12/01/2022 Life 1 30-22900-0000-1 64.61 American Fidelity INV0022611 12/01/2022 Life 1 31-22900-0000-1 11.23 American Fidelity INV0022611 12/01/2022 Life 1 32-22900-0000-1 34.21 American Fidelity INV0022612 12/01/2022 Life 2 01-22900-0000-1 1.52 American Fidelity INV0022612 12/01/2022 Life 2 30-22900-0000-1 21.68 American Fidelity INV0022612 12/01/2022 Life 2 32-22900-0000-1 1.14 American Fidelity INV0022613 12/01/2022 Life 3 01-22900-0000-1 1.40 American Fidelity INV0022613 12/01/2022 Life 3 30-22900-0000-1 1.05 American Fidelity INV0022613 12/01/2022 Life 3 32-22900-0000-1 1.03 American Fidelity INV0022614 12/01/2022 Life 3 01-22900-0000-1 1.63 American Fidelity INV0022614 12/01/2022 Life 3 30-22900-0000-1 1.23 American Fidelity INV0022614 12/01/2022 Life 3 32-22900-0000-1 1.22 American Fidelity INV0022615 12/01/2022 Life 3 01-22900-0000-1 1.36 American Fidelity INV0022615 12/01/2022 Life 3 30-22900-0000-1 1.03 American Fidelity INV0022615 12/01/2022 Life 3 32-22900-0000-1 1.00 American Fidelity INV0022634 12/01/2022 Cancer 1 American Fidelity 30-22950-0000-1 5.54 American Fidelity INV0022635 12/01/2022 Cancer 2* - American Fidelity Pr…30-22950-0000-1 16.50 Vendor American Fidelity - American Fidelity Total: 912.79 Vendor: At&t Mobility - At&t Mobility
At&t Mobility 287304246558x11102022 11/30/2022 287304246558x11102022 PW T…01-180-57800-0000-1 44.13 At&t Mobility 287304246558x11102022 11/30/2022 287304246558x11102022 PW T…20-200-57800-0000-1 8.83 At&t Mobility 287304246558x11102022 11/30/2022 287304246558x11102022 PW T…30-500-57800-0000-1 110.94 At&t Mobility 287304246558x11102022 11/30/2022 287304246558x11102022 PW T…32-510-57800-0000-1 105.91 At&t Mobility 287304246558x11102022 11/30/2022 287304246558x11102022 PW T…34-520-57800-0000-1 44.13 Vendor At&t Mobility - At&t Mobility Total: 313.94
Vendor: Auto Zone - Auto Zone
Auto Zone 6270547666 11/30/2022 INV 6270547666 AutoZone 32-510-56600-0000-1 157.88 Vendor Auto Zone - Auto Zone Total: 157.88
Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 2 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SHA-100-152 - Brandon Shankle
Brandon Shankle INV0022642 11/30/2022 Reimbursement - Lodging / M&…01-150-52010-0000-1 3,865.64 Vendor SHA-100-152 - Brandon Shankle Total: 3,865.64
Vendor: Brenntag - Brenntag Pacific Inc.
Brenntag Pacific Inc. BPI287475 11/30/2022 INV BPI287475 Brenntag Pacific,…32-510-57400-0000-1 540.66 Brenntag Pacific Inc. BPI288164 11/30/2022 INV BPI288164 Brenntag Pacific,…32-510-57400-0000-1 701.15 Brenntag Pacific Inc. BPI288165 11/30/2022 INV BPI288165 Brenntag Pacific,…32-510-57400-0000-1 3,305.56 Brenntag Pacific Inc. BPI290428 11/30/2022 INV BPI290428 Brenntag 32-510-57400-0000-1 1,791.62 Brenntag Pacific Inc. INV BPI293004 12/07/2022 INV BPI293004 Chemchlor Sod … 32-510-57400-0000-1 1,635.25 Vendor Brenntag - Brenntag Pacific Inc. Total: 7,974.24 Vendor: WASCO VET - Brian L. Edick
Brian L. Edick INV0022666 12/07/2022 WASCO VET 10/19 10/20 11/3 01-155-51150-0000-1 336.00 Vendor WASCO VET - Brian L. Edick Total: 336.00
Vendor: CWEA - California Water Environment Association California Water Environment A…INV324199 12/07/2022 INV 324199 CWEA 30-500-53200-0000-1 202.00 Vendor CWEA - California Water Environment Association Total: 202.00 Vendor: CITY OF WASCO - CITY OF WASCO
CITY OF WASCO INV10232 12/07/2022 INV 10232 City of Wasco 01-165-54000-0000-1 136.82 CITY OF WASCO INV10232 12/07/2022 INV 10232 City of Wasco 30-500-54000-0000-1 150.33 CITY OF WASCO INV10232 12/07/2022 INV 10232 City of Wasco 32-510-54000-0000-1 53.28 Vendor CITY OF WASCO - CITY OF WASCO Total: 340.43
Vendor: Continental Labor Re - Continental Labor Resources, Inc.
Continental Labor Resources, In…70027 11/30/2022 INV 70027 Continental Labor a… 20-200-52200-0000-1 1,049.60 Continental Labor Resources, In…70108 11/30/2022 INV 70108 Continental Labor a… 20-200-52200-0000-1 1,024.00 Continental Labor Resources, In…70108 11/30/2022 INV 70108 Continental Labor a… 32-510-52200-0000-1 1,024.00 Continental Labor Resources, In…70218 11/30/2022 INV 70218 Continental Labor a… 20-200-52200-0000-1 1,023.94 Continental Labor Resources, In…70218 11/30/2022 INV 70218 Continental Labor a… 32-510-52200-0000-1 1,049.66 Vendor Continental Labor Re - Continental Labor Resources, Inc. Total: 5,171.20 Vendor: Core & Main LP - Core & Main LP
Core & Main LP R924553 11/30/2022 INV R924553 Core & Main 32-510-57400-0000-1 1,394.52 Core & Main LP R955919 11/30/2022 INV R955919 Core & Main 32-510-57400-0000-1 378.32 Vendor Core & Main LP - Core & Main LP Total: 1,772.84
Vendor: KCPW - County of Kern Public Works
County of Kern Public Works 20820-IN 11/30/2022 INV 20820-IN KCPW 01-180-58050-0000-1 130.05 County of Kern Public Works 21482-IN 11/30/2022 INV 21482-IN KCPW 01-180-58050-0000-1 239.85 County of Kern Public Works 22637-IN 11/30/2022 INV 22637-IN KCPW 01-180-58050-0000-1 370.25 County of Kern Public Works 23204-IN 11/30/2022 INV 23204-IN KCPW 01-180-58050-0000-1 203.40 Vendor KCPW - County of Kern Public Works Total: 943.55 Vendor: Dana Safety Supply - Dana Safety Supply Inc
Dana Safety Supply Inc INV 805147 12/07/2022 Inv. 805147 Poly Window Barrier 01-150-56800-0000-1 652.73 Vendor Dana Safety Supply - Dana Safety Supply Inc Total: 652.73 Vendor: De Lage Landen - De Lage Landen
De Lage Landen 78248163 11/30/2022 Inv. 78248163 (11/20/22) Cont…01-150-52200-0000-1 156.54 Vendor De Lage Landen - De Lage Landen Total: 156.54
Vendor: Dee Jaspar - Dee Jaspar
Dee Jaspar INV22-08027 12/07/2022 INV 22-08027 Dee Jaspar and A… 32-510-56000-0000-1 2,467.47 Dee Jaspar INV22-08028 12/07/2022 INV 22-08028 Dee Jaspar and A… 32-510-56000-0000-1 6,221.50 Vendor Dee Jaspar - Dee Jaspar Total: 8,688.97
Vendor: DOM Solar - DOM Solar Lessor LTD.
DOM Solar Lessor LTD. INV26510122-11112022 12/07/2022 INV26510122-11112022 32-510-58000-0000-1 5,851.73 Vendor DOM Solar - DOM Solar Lessor LTD. Total: 5,851.73 Vendor: Douglas Environmenta - Douglas Keith Brown
Douglas Keith Brown 2237 11/30/2022 SJ Renewables - Inv 2237 - June… 01-140-55500-8224-1 5,120.72 Vendor Douglas Environmenta - Douglas Keith Brown Total: 5,120.72 Vendor: EDD - EDD
EDD INV0022600 12/01/2022 State Income Tax Withholding 01-22200-0000-1 2,239.68 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 3 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDD INV0022600 12/01/2022 State Income Tax Withholding 30-22200-0000-1 197.88 EDD INV0022600 12/01/2022 State Income Tax Withholding 31-22200-0000-1 65.24 EDD INV0022600 12/01/2022 State Income Tax Withholding 32-22200-0000-1 67.40 EDD INV0022601 12/01/2022 SDI - State Disability Insurance 01-22200-0000-1 734.34 EDD INV0022601 12/01/2022 SDI - State Disability Insurance 30-22200-0000-1 5.91 EDD INV0022601 12/01/2022 SDI - State Disability Insurance 32-22200-0000-1 5.86 EDD INV0022602 12/01/2022 State Unemployment Insurance 01-22250-0000-1 437.44 EDD INV0022602 12/01/2022 State Unemployment Insurance 30-22250-0000-1 20.45 EDD INV0022602 12/01/2022 State Unemployment Insurance 32-22250-0000-1 20.45 EDD INV0022638 12/01/2022 State Income Tax Withholding 01-22200-0000-1 407.09 EDD INV0022638 12/01/2022 State Income Tax Withholding 20-22200-0000-1 4.99 EDD INV0022638 12/01/2022 State Income Tax Withholding 30-22200-0000-1 324.97 EDD INV0022638 12/01/2022 State Income Tax Withholding 31-22200-0000-1 61.97 EDD INV0022638 12/01/2022 State Income Tax Withholding 32-22200-0000-1 150.99 EDD INV0022639 12/01/2022 SDI - State Disability Insurance 01-22200-0000-1 213.28 EDD INV0022639 12/01/2022 SDI - State Disability Insurance 20-22200-0000-1 23.54 EDD INV0022639 12/01/2022 SDI - State Disability Insurance 30-22200-0000-1 147.81 EDD INV0022639 12/01/2022 SDI - State Disability Insurance 31-22200-0000-1 33.82 EDD INV0022639 12/01/2022 SDI - State Disability Insurance 32-22200-0000-1 99.70 EDD INV0022640 12/01/2022 State Unemployment Insurance 01-22250-0000-1 44.88 EDD INV0022640 12/01/2022 State Unemployment Insurance 30-22250-0000-1 59.19 EDD INV0022640 12/01/2022 State Unemployment Insurance 32-22250-0000-1 59.18 EDD INV0022648 12/01/2022 SDI - State Disability Insurance 32-22200-0000-1 1.05 EDD INV0022652 12/02/2022 SDI - State Disability Insurance 30-22200-0000-1 4.85 EDD INV0022652 12/02/2022 SDI - State Disability Insurance 31-22200-0000-1 4.85 EDD INV0022652 12/02/2022 SDI - State Disability Insurance 32-22200-0000-1 5.00 EDD INV0022655 12/02/2022 SDI - State Disability Insurance 32-22200-0000-1 0.53 Vendor EDD - EDD Total: 5,442.34
Vendor: Edison - Edison
Edison INV0022675 12/07/2022 700457158822-12022022 01-180-58100-0000-1 255.84 Edison INV0022675 12/07/2022 700539630040-12012022 01-180-58100-0000-1 1,473.32 Edison INV0022675 12/07/2022 700326486684-12022022 01-180-58100-0000-1 63.40 Edison INV0022675 12/07/2022 700091551977-12012022 01-180-58100-0000-1 12.67 Edison INV0022675 12/07/2022 700669486061-12022022 01-180-58100-0000-1 854.50 Edison INV0022675 12/07/2022 700494850594-12022022 30-500-58000-0000-1 71.17 Edison INV0022675 12/07/2022 700468456995-12012022 32-510-58000-0000-1 12,331.62 Vendor Edison - Edison Total: 15,062.52
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Payment …INV0022598 12/01/2022 Federal Income Tax Withholding 01-22050-0000-1 5,414.72 Electronic Federal Tax Payment …INV0022598 12/01/2022 Federal Income Tax Withholding 30-22050-0000-1 409.08 Electronic Federal Tax Payment …INV0022598 12/01/2022 Federal Income Tax Withholding 31-22050-0000-1 133.22 Electronic Federal Tax Payment …INV0022598 12/01/2022 Federal Income Tax Withholding 32-22050-0000-1 142.66 Electronic Federal Tax Payment …INV0022599 12/01/2022 Social Security 01-22100-0000-1 8,278.06 Electronic Federal Tax Payment …INV0022599 12/01/2022 Social Security 30-22100-0000-1 66.32 Electronic Federal Tax Payment …INV0022599 12/01/2022 Social Security 32-22100-0000-1 66.34 Electronic Federal Tax Payment …INV0022603 12/01/2022 Medicare 01-22150-0000-1 1,987.64 Electronic Federal Tax Payment …INV0022603 12/01/2022 Medicare 30-22150-0000-1 108.38 Electronic Federal Tax Payment …INV0022603 12/01/2022 Medicare 31-22150-0000-1 30.94 Electronic Federal Tax Payment …INV0022603 12/01/2022 Medicare 32-22150-0000-1 46.42 Electronic Federal Tax Payment …INV0022636 12/01/2022 Federal Income Tax Withholding 01-22050-0000-1 1,139.15 Electronic Federal Tax Payment …INV0022636 12/01/2022 Federal Income Tax Withholding 20-22050-0000-1 33.08 Electronic Federal Tax Payment …INV0022636 12/01/2022 Federal Income Tax Withholding 30-22050-0000-1 911.32 Electronic Federal Tax Payment …INV0022636 12/01/2022 Federal Income Tax Withholding 31-22050-0000-1 132.19 Electronic Federal Tax Payment …INV0022636 12/01/2022 Federal Income Tax Withholding 32-22050-0000-1 354.39 Electronic Federal Tax Payment …INV0022637 12/01/2022 Social Security 01-22100-0000-1 2,404.10 Electronic Federal Tax Payment …INV0022637 12/01/2022 Social Security 20-22100-0000-1 265.34 Electronic Federal Tax Payment …INV0022637 12/01/2022 Social Security 30-22100-0000-1 1,665.84 Electronic Federal Tax Payment …INV0022637 12/01/2022 Social Security 31-22100-0000-1 381.02 Electronic Federal Tax Payment …INV0022637 12/01/2022 Social Security 32-22100-0000-1 1,124.80 Electronic Federal Tax Payment …INV0022641 12/01/2022 Medicare 01-22150-0000-1 562.32 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 4 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Electronic Federal Tax Payment …INV0022641 12/01/2022 Medicare 20-22150-0000-1 62.04 Electronic Federal Tax Payment …INV0022641 12/01/2022 Medicare 30-22150-0000-1 389.66 Electronic Federal Tax Payment …INV0022641 12/01/2022 Medicare 31-22150-0000-1 89.12 Electronic Federal Tax Payment …INV0022641 12/01/2022 Medicare 32-22150-0000-1 262.90 Electronic Federal Tax Payment …INV0022647 12/01/2022 Social Security 32-22100-0000-1 11.88 Electronic Federal Tax Payment …INV0022649 12/01/2022 Medicare 32-22150-0000-1 2.78 Electronic Federal Tax Payment …INV0022651 12/02/2022 Social Security 30-22100-0000-1 54.72 Electronic Federal Tax Payment …INV0022651 12/02/2022 Social Security 31-22100-0000-1 54.72 Electronic Federal Tax Payment …INV0022651 12/02/2022 Social Security 32-22100-0000-1 56.32 Electronic Federal Tax Payment …INV0022653 12/02/2022 Medicare 30-22150-0000-1 12.80 Electronic Federal Tax Payment …INV0022653 12/02/2022 Medicare 31-22150-0000-1 12.80 Electronic Federal Tax Payment …INV0022653 12/02/2022 Medicare 32-22150-0000-1 13.16 Electronic Federal Tax Payment …INV0022654 12/02/2022 Social Security 32-22100-0000-1 5.94 Electronic Federal Tax Payment …INV0022656 12/02/2022 Medicare 32-22150-0000-1 1.40 Vendor EFTPS - Electronic Federal Tax Payment System Total: 26,687.57 Vendor: Empower Solar - Empower Solar
Empower Solar BP22-0198 RMB 11/30/2022 BP22-0198 Reimbursement 01-160-41500-0000-1 203.30 Empower Solar BP22-0198 RMB 11/30/2022 BP22-0198 Reimbursement 01-160-41505-0000-1 12.95 Empower Solar BP22-0198 RMB 11/30/2022 BP22-0198 Reimbursement 01-160-41510-0000-1 12.95 Empower Solar BP22-0198 RMB 11/30/2022 BP22-0198 Reimbursement 01-160-41515-0000-1 12.95 Vendor Empower Solar - Empower Solar Total: 242.15
Vendor: Fastlane Food Store - Fastlane Food Store
Fastlane Food Store 460093 11/30/2022 Inv.460093 Fuel - Unit 36 - 07/1…01-150-54000-0000-1 23.75 Fastlane Food Store 460099 11/30/2022 Inv.460099 Fuel - Unit 34 - 07/1…01-150-54000-0000-1 26.40 Fastlane Food Store 460105 11/30/2022 Inv.460105 Fuel - Unit 26 - 09/1…01-150-54000-0000-1 87.00 Fastlane Food Store 460124 11/30/2022 Inv.460124 Fuel - Unit 28 - 08/1…01-150-54000-0000-1 101.50 Fastlane Food Store 460126 11/30/2022 Inv.460126 Fuel - Unit 31 - 09/1…01-150-54000-0000-1 42.39 Fastlane Food Store 460130 11/30/2022 Inv.460130 Fuel - Unit 26 - 09/1…01-150-54000-0000-1 88.83 Fastlane Food Store 460132 11/30/2022 Inv.460132 Fuel - Unit 34 - 09/1…01-150-54000-0000-1 85.84 Fastlane Food Store 460147 11/30/2022 Inv.460147 Fuel - Unit 28 - 09/1…01-150-54000-0000-1 101.19 Fastlane Food Store 460179 11/30/2022 Inv.460179 Fuel - Unit 32 - 08/2…01-150-54000-0000-1 74.01 Fastlane Food Store INV 460504 12/07/2022 Inv.460504 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 73.50 Fastlane Food Store INV 460507 12/07/2022 Inv.460504 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 57.46 Fastlane Food Store INV 460521 12/07/2022 Inv.460521 Fuel - Unit 30 - 11/0…01-150-54000-0000-1 48.30 Fastlane Food Store INV 460525 12/07/2022 Inv.460525 Fuel - Unit 25 - 11/1…01-150-54000-0000-1 59.31 Fastlane Food Store INV 460529 12/07/2022 Inv.460529 Fuel - Unit 25 - 11/1…01-150-54000-0000-1 50.92 Fastlane Food Store INV 460559 12/07/2022 Inv.460559 Fuel - Unit 30 - 11/0…01-150-54000-0000-1 65.12 Fastlane Food Store INV 460596 12/07/2022 Inv.460596 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 26.00 Fastlane Food Store INV 460598 12/07/2022 Inv.460598 Fuel - Unit 31 - 10/2…01-150-54000-0000-1 32.11 Fastlane Food Store INV 460599 12/07/2022 Inv.460599 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 50.00 Fastlane Food Store INV 460709 12/07/2022 Inv.460709 Fuel - Unit 29 - 10/1…01-150-54000-0000-1 34.16 Fastlane Food Store INV 460716 12/07/2022 Inv.460716 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 62.51 Fastlane Food Store INV 460719 12/07/2022 Inv.460719 Fuel - Unit 31 - 10/2…01-150-54000-0000-1 80.40 Fastlane Food Store INV 460720 12/07/2022 Inv.460720 Fuel - Unit 39 - 10/2…01-150-54000-0000-1 59.60 Fastlane Food Store INV 460729 12/07/2022 Inv.460729 Fuel - Unit 32 - 10/2…01-150-54000-0000-1 24.00 Fastlane Food Store INV 460730 12/07/2022 Inv.460730 Fuel - Unit 31 - 10/2…01-150-54000-0000-1 58.78 Fastlane Food Store INV 460732 12/07/2022 Inv.460732 Fuel - Unit 39 - 10/2…01-150-54000-0000-1 26.26 Fastlane Food Store INV 460744 12/07/2022 Inv.460744 Fuel - Unit 31 - 10/1…01-150-54000-0000-1 46.33 Fastlane Food Store INV 460754 12/07/2022 Inv.460754 Fuel - Unit 32 - 10/1…01-150-54000-0000-1 67.00 Vendor Fastlane Food Store - Fastlane Food Store Total: 1,552.67 Vendor: FedEx - FedEx
FedEx 7-842-69771 11/30/2022 Plan Check Submittal 7-842-697…01-155-55600-0000-1 38.62 Vendor FedEx - FedEx Total: 38.62
Vendor: Ferguson Enterprises - Ferguson Enterprises
Ferguson Enterprises 1757458 11/30/2022 INV 1757458 Ferguson 01-185-56400-0000-1 159.53 Vendor Ferguson Enterprises - Ferguson Enterprises Total: 159.53 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 5 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Franchise Tax - Franchise Tax
Franchise Tax INV0022597 12/01/2022 Case#609265321 01-22350-0000-1 75.00 Vendor Franchise Tax - Franchise Tax Total: 75.00
Vendor: ALV100 - Francisca Alvarado
Francisca Alvarado INV0022643 11/30/2022 Per Diem - Travel Expences Cal C…01-105-52000-0000-1 539.00 Vendor ALV100 - Francisca Alvarado Total: 539.00
Vendor: Frontier - Frontier California Inc.
Frontier California Inc. 661-792-3437 11192022 11/30/2022 66-792-3437 111922 01-185-57800-0000-1 89.09 Frontier California Inc. INV530-198-2194-1122202 12/07/2022 530-198-2194 11222022 32-510-57800-0000-1 46.51 Frontier California Inc. INV6617920161-11012022 12/07/2022 INV6617920161-11012022 01-150-57800-0000-1 234.23 Frontier California Inc. INV6617923164-11012022 12/07/2022 INV6617923164-11012022 01-185-57800-0000-1 60.06 Frontier California Inc. INV6617923391-010209-5-112… 12/07/2022 INV6617923391-070209-5-112… 30-500-57800-0000-1 205.61 Vendor Frontier - Frontier California Inc. Total: 635.50 Vendor: gotocom - GoTo Communications Inc
GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-105-57800-0000-1 9.26 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-110-57800-0000-1 28.93 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-115-57800-0000-1 32.40 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-140-57800-0000-1 32.40 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-150-57800-0000-1 231.45 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-155-57800-0000-1 9.26 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-160-57800-0000-1 9.26 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-165-57800-0000-1 26.15 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-175-57800-0000-1 32.40 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 01-180-57800-0000-1 38.65 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 20-200-57800-0000-1 0.69 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 30-500-57800-0000-1 141.88 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 31-505-57800-0000-1 68.28 GoTo Communications Inc IN710512530 11/30/2022 IN7101512530 32-510-57800-0000-1 149.08 Vendor gotocom - GoTo Communications Inc Total: 810.09
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc 824940 11/30/2022 INV 824940 Granite Auto Parts 20-200-57400-0000-1 25.73 Granite Auto Parts Inc 825064 11/30/2022 INV 825064 Granite Auto Parts, …20-200-57400-0000-1 4.23 Granite Auto Parts Inc INV825356 12/07/2022 INV 825356 Boots/Shop Towls 01-180-57400-0000-1 57.89 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 87.85 Vendor: Home Depot - Home Depot
Home Depot 016136/7540391 11/30/2022 Auth Code 016136/7540391 H… 30-500-56410-0000-1 51.57 Home Depot 016466/7531686 11/30/2022 Auth Code 016466/7531686 H… 01-180-57400-0000-1 32.52 Vendor Home Depot - Home Depot Total: 84.09
Vendor: Visual Edge - Image Source
Image Source INV 25AR1541004 12/07/2022 INV 25AR1541004 01-130-54800-0000-1 853.69 Vendor Visual Edge - Image Source Total: 853.69
Vendor: INC - I-N-C Inc.
I-N-C Inc. 203326 11/30/2022 203326 - HR Consulting 01-130-56000-0000-1 2,091.08 I-N-C Inc. 203326 11/30/2022 203326 - HR Consulting 30-500-56000-7820-1 3,136.61 I-N-C Inc. 203326 11/30/2022 203326 - HR Consulting 32-510-56000-0000-1 3,136.61 I-N-C Inc. 203384 11/30/2022 203384 - HR Consulting 01-130-56000-0000-1 477.90 I-N-C Inc. 203384 11/30/2022 203384 - HR Consulting 30-500-56000-7820-1 716.85 I-N-C Inc. 203384 11/30/2022 203384 - HR Consulting 32-510-56000-0000-1 716.85 Vendor INC - I-N-C Inc. Total: 10,275.90
Vendor: Irrigation Concepts - Irrigation Concepts
Irrigation Concepts 47014 11/30/2022 INV 47014 Irrigation Concepts 20-200-57400-0000-1 12.85 Irrigation Concepts INV46657 12/07/2022 INV 46657 Irrigation Concepts 30-500-56410-0000-1 7,458.85 Vendor Irrigation Concepts - Irrigation Concepts Total: 7,471.70 Vendor: Occupational Vetting - Jim Conner
Jim Conner 22-200 09/21/2022 Inv. 22-200 Background C. Andr…01-150-56000-0000-1 300.00 Jim Conner INV 22-201 12/07/2022 Inv. 22-201 Background O.Velo 01-150-56000-0000-1 900.00 Vendor Occupational Vetting - Jim Conner Total: 1,200.00 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 6 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: John Hancock - John Hancock
John Hancock INV0022579 12/01/2022 401K - Employer 01-20800-0000-1 3,539.65 John Hancock INV0022579 12/01/2022 401K - Employer 30-20800-0000-1 14.79 John Hancock INV0022579 12/01/2022 401K - Employer 32-20800-0000-1 14.78 John Hancock INV0022580 12/01/2022 401K - Employee 01-20800-0000-1 1,794.80 John Hancock INV0022580 12/01/2022 401K - Employee 30-20800-0000-1 4.10 John Hancock INV0022580 12/01/2022 401K - Employee 32-20800-0000-1 4.11 John Hancock INV0022588 12/01/2022 401K Loan 1 01-20800-0000-1 138.52 John Hancock INV0022589 12/01/2022 401k Contribution 01-20800-0000-1 275.46 John Hancock INV0022590 12/01/2022 401k Contribution 01-20800-0000-1 171.92 John Hancock INV0022591 12/01/2022 401k Contribution 01-20800-0000-1 298.89 John Hancock INV0022592 12/01/2022 401k Contribution 01-20800-0000-1 281.57 John Hancock INV0022593 12/01/2022 401k Contribution 01-20800-0000-1 267.96 John Hancock INV0022594 12/01/2022 401k Contribution 01-20800-0000-1 175.96 John Hancock INV0022595 12/01/2022 401k Contribution 01-20800-0000-1 192.31 John Hancock INV0022595 12/01/2022 401k Contribution 30-20800-0000-1 346.15 John Hancock INV0022595 12/01/2022 401k Contribution 31-20800-0000-1 115.39 John Hancock INV0022595 12/01/2022 401k Contribution 32-20800-0000-1 115.38 John Hancock INV0022604 12/01/2022 401K - Employer 01-20800-0000-1 951.12 John Hancock INV0022604 12/01/2022 401K - Employer 30-20800-0000-1 819.91 John Hancock INV0022604 12/01/2022 401K - Employer 31-20800-0000-1 302.49 John Hancock INV0022604 12/01/2022 401K - Employer 32-20800-0000-1 672.45 John Hancock INV0022605 12/01/2022 401K - Employee 01-20800-0000-1 562.23 John Hancock INV0022605 12/01/2022 401K - Employee 20-20800-0000-1 78.62 John Hancock INV0022605 12/01/2022 401K - Employee 30-20800-0000-1 278.06 John Hancock INV0022605 12/01/2022 401K - Employee 31-20800-0000-1 224.26 John Hancock INV0022605 12/01/2022 401K - Employee 32-20800-0000-1 339.03 John Hancock INV0022606 12/01/2022 401K - Employer 20-20800-0000-1 131.04 John Hancock INV0022616 12/01/2022 401K Loan 1 32-20800-0000-1 32.25 John Hancock INV0022617 12/01/2022 401K Loan 1 01-20800-0000-1 45.90 John Hancock INV0022618 12/01/2022 401K Loan 2 01-20800-0000-1 21.14 John Hancock INV0022618 12/01/2022 401K Loan 2 30-20800-0000-1 15.86 John Hancock INV0022618 12/01/2022 401K Loan 2 32-20800-0000-1 15.85 John Hancock INV0022619 12/01/2022 401K Loan 3 01-20800-0000-1 35.73 John Hancock INV0022619 12/01/2022 401K Loan 3 30-20800-0000-1 26.80 John Hancock INV0022619 12/01/2022 401K Loan 3 32-20800-0000-1 26.80 John Hancock INV0022620 12/01/2022 401K Loan 3 01-20800-0000-1 34.35 John Hancock INV0022621 12/01/2022 401K Loan 4 01-20800-0000-1 28.72 John Hancock INV0022622 12/01/2022 401K Loan 5 01-20800-0000-1 157.75 John Hancock INV0022623 12/01/2022 401K Loan 4 01-20800-0000-1 105.27 John Hancock INV0022624 12/01/2022 401K Loan 4 01-20800-0000-1 17.08 John Hancock INV0022624 12/01/2022 401K Loan 4 30-20800-0000-1 34.16 John Hancock INV0022624 12/01/2022 401K Loan 4 32-20800-0000-1 34.18 John Hancock INV0022625 12/01/2022 401K Loan 4 01-20800-0000-1 19.69 John Hancock INV0022625 12/01/2022 401K Loan 4 30-20800-0000-1 39.36 John Hancock INV0022625 12/01/2022 401K Loan 4 32-20800-0000-1 39.37 John Hancock INV0022626 12/01/2022 401K Loan 4 01-20800-0000-1 145.50 John Hancock INV0022626 12/01/2022 401K Loan 4 20-20800-0000-1 4.50 John Hancock INV0022627 12/01/2022 401K Loan 4 01-20800-0000-1 51.06 John Hancock INV0022627 12/01/2022 401K Loan 4 20-20800-0000-1 1.59 John Hancock INV0022628 12/01/2022 401k Contribution 01-20800-0000-1 400.97 John Hancock INV0022629 12/01/2022 401k Contribution 01-20800-0000-1 205.82 John Hancock INV0022630 12/01/2022 401k Contribution 01-20800-0000-1 78.76 John Hancock INV0022630 12/01/2022 401k Contribution 30-20800-0000-1 157.52 John Hancock INV0022630 12/01/2022 401k Contribution 32-20800-0000-1 157.54 John Hancock INV0022631 12/01/2022 401k Contribution 30-20800-0000-1 255.20 John Hancock INV0022632 12/01/2022 401k Contribution 01-20800-0000-1 193.31 John Hancock INV0022632 12/01/2022 401k Contribution 20-20800-0000-1 5.97 John Hancock INV0022633 12/01/2022 401k Contribution 01-20800-0000-1 137.60 John Hancock INV0022650 12/02/2022 401K - Employer 30-20800-0000-1 25.07 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 7 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0022650 12/02/2022 401K - Employer 31-20800-0000-1 25.07 John Hancock INV0022650 12/02/2022 401K - Employer 32-20800-0000-1 25.82 Vendor John Hancock - John Hancock Total: 14,712.51
Vendor: Jose Medina - Jose R. Medina
Jose R. Medina INV0022644 11/30/2022 Annual Boot Reimbursement Jo…30-500-56800-0000-1 200.00 Vendor Jose Medina - Jose R. Medina Total: 200.00
Vendor: J's Automotive - J's Automotive
J's Automotive 9683 11/30/2022 INV 9683 J's Automotive 01-110-56600-0000-1 77.66 Vendor J's Automotive - J's Automotive Total: 77.66
Vendor: K.C. Waste - K.C. Waste
K.C. Waste INV0022672 12/07/2022 November 2022 Gate Fees 31-505-52800-0000-1 5,545.80 Vendor K.C. Waste - K.C. Waste Total: 5,545.80
Vendor: Kern Machinery - Kern Machinery
Kern Machinery 103-1007540 11/30/2022 INV 103-1007540 Kern Machine…01-180-57400-0000-1 134.04 Vendor Kern Machinery - Kern Machinery Total: 134.04
Vendor: Golden Empire Water - Mario A. Cervantes
Mario A. Cervantes INV39058AA 12/07/2022 INV1307 Service for Month Nov.…32-510-58200-0000-1 1,462.00 Vendor Golden Empire Water - Mario A. Cervantes Total: 1,462.00 Vendor: Marvin Pop - Marvin Pop
Marvin Pop INV0022674 12/07/2022 Marvin Pop - Certification Reim… 30-500-53250-0000-1 125.00 Vendor Marvin Pop - Marvin Pop Total: 125.00
Vendor: Mathew Dewar - Mathew Dewar
Mathew Dewar INV0022645 11/30/2022 Reimbursement - Lodging / M&…01-150-52010-0000-1 3,865.64 Vendor Mathew Dewar - Mathew Dewar Total: 3,865.64
Vendor: Mcfarland Tent - Mcfarland Tent
Mcfarland Tent INV6682 12/07/2022 INV 6682 Repair 95% Blacknet 30-500-56410-0000-1 60.00 Vendor Mcfarland Tent - Mcfarland Tent Total: 60.00
Vendor: McFarland Tire - McFarland Tire
McFarland Tire 27490 11/30/2022 MCFARLAND TIRE SERVICE 274… 01-165-56600-0000-1 35.00 McFarland Tire 28486 11/30/2022 INV 28486 McFarland Tire Servi… 30-500-56410-0000-1 365.00 McFarland Tire 28489 11/30/2022 INV 28489 McFarland Tire Servi… 01-180-56600-0000-1 20.00 McFarland Tire INV27490 12/07/2022 INV27490 01-165-56600-0000-1 35.00 Vendor McFarland Tire - McFarland Tire Total: 455.00
Vendor: North Kern Water - North Kern Water Storage District North Kern Water Storage Distri…INV15215 12/07/2022 INV 15215 North Water Storage…30-500-53250-0000-1 23,322.97 Vendor North Kern Water - North Kern Water Storage District Total: 23,322.97 Vendor: Octavio Gonzalez - Octavio Gonzalez
Octavio Gonzalez INV0022646 11/30/2022 Annual Boot Reimbursement Oc…30-500-56800-0000-1 200.00 Vendor Octavio Gonzalez - Octavio Gonzalez Total: 200.00 Vendor: Office Depot - Office Depot
Office Depot INV 270657708-001 12/07/2022 Order 270657708-001 Office D… 01-180-57200-0000-1 118.45 Office Depot INV 270657708-001 12/07/2022 Order 270657708-001 Office D… 32-510-57200-0000-1 118.45 Vendor Office Depot - Office Depot Total: 236.90
Vendor: Personnel Concepts - Personnel Concepts
Personnel Concepts INV 9351596034 12/07/2022 INV 9351596034 Compliance As…01-110-53200-0000-1 1,448.70 Vendor Personnel Concepts - Personnel Concepts Total: 1,448.70 Vendor: Premier Access Insur - Premier Access Insurance Company Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…01-110-50550-0000-1 36.11 Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…01-150-50550-0000-1 96.27 Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…01-155-50550-0000-1 47.87 Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…01-165-50550-0000-1 11.97 Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…30-500-50550-0000-1 70.58 Premier Access Insurance Com… 10000548328-122022 12/07/2022 1000548328 - Premier Access D…32-510-50550-0000-1 47.66 Vendor Premier Access Insur - Premier Access Insurance Company Total: 310.46 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 8 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Pre-Paid Legal - Pre-Paid Legal
Pre-Paid Legal INV0021246 05/05/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0021720 07/14/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0021909 08/11/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0022049 09/08/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0022227 10/06/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0022429 11/03/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0022587 12/01/2022 Pre-Paid Legal 01-22500-0000-1 24.90 Vendor Pre-Paid Legal - Pre-Paid Legal Total: 174.30
Vendor: Quinn Co. - Quinn Co.
Quinn Co. INV E6524501 12/07/2022 INV E6524501 Quinn Co 32-510-53800-0000-1 11,483.52 Quinn Co. INV WON60016446 12/07/2022 INV WON60016446 Quinn Co 32-510-56410-0000-1 13,318.14 Vendor Quinn Co. - Quinn Co. Total: 24,801.66
Vendor: R&F Disposal - R&F Disposal
R&F Disposal INV0022671 12/07/2022 November 2022 R&F Recycling … 31-505-52500-0000-1 11,354.34 R&F Disposal INV0022673 12/07/2022 November 2022 RF Disposal Ga… 01-100-41300-0000-1 -4,116.72 R&F Disposal INV0022673 12/07/2022 November 2022 RF Disposal Ga… 31-505-42340-0000-1 -2,166.75 R&F Disposal INV0022673 12/07/2022 November 2022 RF Disposal Ga… 31-505-52400-0000-1 82,334.32 R&F Disposal INV0022676 12/07/2022 November 2022 RF Disposal Or… 31-505-52400-0000-1 2,126.04 R&F Disposal INV11303 12/07/2022 INV 11303 Blanco Park-3yd bin 01-190-58000-0000-1 143.56 R&F Disposal INV11304 12/07/2022 INV 11304 Sewer Plant-3yd Bin 30-500-58050-0000-1 143.56 R&F Disposal INV11306 12/07/2022 INV 11306 McFarland PD-3yd B… 01-150-52200-0000-1 107.32 Vendor R&F Disposal - R&F Disposal Total: 89,925.67
Vendor: Arrowhead - Ready Refresh
Ready Refresh INV02K0033594904-11102022 12/07/2022 INV02K0033594904-11102022 01-150-57200-0000-1 9.42 Vendor Arrowhead - Ready Refresh Total: 9.42
Vendor: SC SITES Services - SC SITES Services
SC SITES Services 51499 11/30/2022 INV 51499 SC Sites Services, LLC 01-180-57800-0000-1 69.99 SC SITES Services 51499 11/30/2022 INV 51499 SC Sites Services, LLC 32-510-57800-0000-1 69.99 SC SITES Services 51499 11/30/2022 INV 51499 SC Sites Services, LLC 34-520-57800-0000-1 70.02 Vendor SC SITES Services - SC SITES Services Total: 210.00 Vendor: Serda's Plumbing - Serda's Plumbing
Serda's Plumbing 304316 11/30/2022 INV 304316 Serda's Plumbing, I… 32-510-56400-0000-1 1,166.94 Vendor Serda's Plumbing - Serda's Plumbing Total: 1,166.94 Vendor: Sierra Construction - Sierra Construction & Excavation, Inc.
Sierra Construction & Excavatio… 2000-6684 11/30/2022 INV 2000-6684 Sierra Construct…32-510-56400-0000-1 8,197.21 Vendor Sierra Construction - Sierra Construction & Excavation, Inc. Total: 8,197.21 Vendor: Solar Energy - Solar Energy of America 1 LLC
Solar Energy of America 1 LLC INV26510092-11112022 12/07/2022 26510092-11112022 30-500-58000-0000-1 12,860.40 Vendor Solar Energy - Solar Energy of America 1 LLC Total: 12,860.40 Vendor: South Bay Regional - South Bay Regional
South Bay Regional 145291 INV 11/30/2022 Inv 145291 Firearm Instructor C…01-150-52010-0000-1 792.00 South Bay Regional 145292 INV 11/30/2022 Inv 145292 Firearm Instructor C…01-150-52010-0000-1 792.00 Vendor South Bay Regional - South Bay Regional Total: 1,584.00 Vendor: Statewide Saftey - Statewide Saftey
Statewide Saftey 12016847 11/30/2022 INV 12016847 Statewide Traffic…01-180-56500-0000-1 4,210.11 Statewide Saftey 12016848 11/30/2022 INV 12016848 Statewide Traffic…01-180-56500-0000-1 646.39 Statewide Saftey 12016896 11/30/2022 StateWide Traffic Signs INV 120… 01-165-55950-0000-1 5,402.73 Vendor Statewide Saftey - Statewide Saftey Total: 10,259.23 Vendor: Ultrex Business - Ultrex Business
Ultrex Business INV 3634656 12/07/2022 Inv 3634656 Contract Services (… 01-150-52200-0000-1 110.05 Vendor Ultrex Business - Ultrex Business Total: 110.05
Vendor: Vision Service Plan- - Vision Service PlanVision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-105-50550-0000-1 33.20 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-110-50550-0000-1 2.58 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-115-50550-0000-1 20.59 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-140-50550-0000-1 16.16 Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 9 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-150-50550-0000-1 442.77 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-155-50550-0000-1 51.58 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-160-50550-0000-1 5.83 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-165-50550-0000-1 96.85 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-175-50550-0000-1 34.98 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 01-180-50550-0000-1 102.14 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 20-200-50550-0000-1 48.10 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 30-500-50550-0000-1 146.96 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 31-505-50550-0000-1 27.16 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 32-510-50550-0000-1 137.79 Vision Service Plan- INV816558453 12/07/2022 816558453 - December 2022 34-520-50550-0000-1 29.15 Vendor Vision Service Plan- - Vision Service Plan- Total: 1,195.84 Vendor: WestAir - WestAir Gases & Equipment, Inc.
WestAir Gases & Equipment, Inc. INV 0080482065 12/07/2022 INV 0080482065 Acetylene, Hig…30-500-53800-0000-1 80.40 Vendor WestAir - WestAir Gases & Equipment, Inc. Total: 80.40 Vendor: WILLDAN - WILLDAN
WILLDAN INV010-52844 12/07/2022 INV 010-52844 24-210-52200-0000-1 8,247.09 WILLDAN INV010-52845 12/07/2022 INV 010-52845 20-200-52200-0000-1 2,941.83 Vendor WILLDAN - WILLDAN Total: 11,188.92
Grand Total: 328,427.35
Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 10 of 12
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 71,922.86
20 - LIGHTING & LANDSCAPING-DISTRICT 1 6,750.51
24 - COMMUNITY FACILITIES DISTRICT 8,247.09
30 - SEWER 57,235.95
31 - REFUSE/RECYCLING 100,978.21
32 - WATER 83,149.43
34 - PUBLIC TRANSPORTATION 143.30
Grand Total: 328,427.35
Account Summary
Account Number Account Name Payment Amount
01-100-41300-0000-1 Franchise Fees -4,116.72
01-105-50550-0000-1 Dental/Vision Premiums 33.20
01-105-52000-0000-1 Conferences/Meetings/Tr… 539.00
01-105-57800-0000-1 Telephone & Communicat… 9.26
01-110-50550-0000-1 Dental/Vision Premiums 38.69
01-110-53200-0000-1 Dues & Subscriptions 1,448.70
01-110-56600-0000-1 Repairs & Maintenance - … 77.66
01-110-57800-0000-1 Telephone & Communicat… 28.93
01-115-50550-0000-1 Dental/Vision Premiums 20.59
01-115-57800-0000-1 Telephone & Communicat… 32.40
01-130-54800-0000-1 Maintenance Agreements 853.69
01-130-56000-0000-1 Professional Services - Ot… 2,568.98 01-140-50550-0000-1 Dental/Vision Premiums 16.16
01-140-55500-8224-1 Special Studies San Joaqui… 5,120.72 01-140-57800-0000-1 Telephone & Communicat… 32.40
01-150-50550-0000-1 Dental/Vision Premiums 539.04
01-150-52010-0000-1 Conference/Meeting/Tra… 9,315.28
01-150-52200-0000-1 Contract Services 415.31
01-150-54000-0000-1 Fuel 1,552.67
01-150-56000-0000-1 Professional Services - Ot… 1,200.00 01-150-56800-0000-1 Safety Equipment 652.73
01-150-57200-0000-1 Supplies - Office 9.42
01-150-57800-0000-1 Telephone & Communicat… 465.68
01-155-50550-0000-1 Dental/Vision Premiums 99.45
01-155-51150-0000-1 Dog Clinic 336.00
01-155-55600-0000-1 Postage 38.62
01-155-57800-0000-1 Telephone & Communicat… 9.26
01-160-41500-0000-1 Building Permits 203.30
01-160-41505-0000-1 Technology Fee 12.95
01-160-41510-0000-1 Training Fee 12.95
01-160-41515-0000-1 Building - GP Maintenance… 12.95
01-160-50550-0000-1 Dental/Vision Premiums 5.83
01-160-57800-0000-1 Telephone & Communicat… 9.26
01-165-50550-0000-1 Dental/Vision Premiums 108.82
01-165-54000-0000-1 Fuel 136.82
01-165-55950-0000-1 Abatement 5,402.73
01-165-56600-0000-1 Repairs & Maintenance - … 70.00
01-165-57800-0000-1 Telephone & Communicat… 26.15
01-175-50550-0000-1 Dental/Vision Premiums 34.98
01-175-57800-0000-1 Telephone & Communicat… 32.40
01-180-50550-0000-1 Dental/Vision Premiums 102.14
01-180-56500-0000-1 Repairs/Maintenance Str… 4,856.50
01-180-56600-0000-1 Repairs/Maintenance - V… 20.00
01-180-57200-0000-1 Supplies - Office 118.45
01-180-57400-0000-1 Supplies - Operating 224.45
01-180-57800-0000-1 Telephone & Communicat… 152.77
Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
01-180-58050-0000-1 Utilities Other 943.55
01-180-58100-0000-1 Street Lighting 2,659.73
01-185-56400-0000-1 Repairs & Maint - Build & … 159.53
01-185-57800-0000-1 Telephone & Communicat… 149.15
01-190-58000-0000-1 Utilities 143.56
01-20800-0000-1 Pension Payable 10,329.04
01-22050-0000-1 Federal Withholding Paya… 6,553.87
01-22100-0000-1 FICA Payable 10,682.16
01-22150-0000-1 Medicare Payable 2,549.96
01-22200-0000-1 State Withholding Payable 3,594.39
01-22250-0000-1 SUTA Payable 482.32
01-22350-0000-1 Garnishments 75.00
01-22500-0000-1 Pre-Paid Legal 174.30
01-22600-0000-1 Health FSA 33.63
01-22700-0000-1 Disablity LTD 302.37
01-22800-0000-1 Accident 19.34
01-22900-0000-1 Life 176.86
01-22950-0000-1 Cancer-American Fidelity 13.53
20-200-50550-0000-1 Dental/Vision Premiums 48.10
20-200-52200-0000-1 Contract Services 6,039.37
20-200-57400-0000-1 Supplies - Operating 42.81
20-200-57800-0000-1 Telephone & Communicat… 9.52
20-20800-0000-1 Pension Payable 221.72
20-22050-0000-1 Federal Withholding Paya… 33.08
20-22100-0000-1 FICA Payable 265.34
20-22150-0000-1 Medicare Payable 62.04
20-22200-0000-1 State Withholding Payable 28.53
24-210-52200-0000-1 Contract Services 8,247.09
30-20800-0000-1 Pension Payable 2,016.98
30-22050-0000-1 Federal Withholding Paya… 1,320.40
30-22100-0000-1 FICA Payable 1,786.88
30-22150-0000-1 Medicare Payable 510.84
30-22200-0000-1 State Withholding Payable 681.42
30-22250-0000-1 SUTA Payable 79.64
30-22600-0000-1 Health FSA 2.41
30-22700-0000-1 Disablity LTD 88.41
30-22800-0000-1 Accident 15.41
30-22900-0000-1 Life 105.03
30-22950-0000-1 Cancer- American Fidelity 22.04
30-500-50550-0000-1 Dental/Vision Premiums 217.54
30-500-53200-0000-1 Dues & Subscriptions 202.00
30-500-53250-0000-1 Permits & Certificates 23,447.97
30-500-53800-0000-1 Equipment Rental 80.40
30-500-54000-0000-1 Fuel 150.33
30-500-56000-7820-1 Profressional Services - … 3,853.46 30-500-56410-0000-1 Repairs & Maintenance E… 7,935.42
30-500-56800-0000-1 Safety Equipment 1,185.81
30-500-57800-0000-1 Telephone & Communicat… 458.43
30-500-58000-0000-1 Utilities 12,931.57
30-500-58050-0000-1 Utilities Other 143.56
31-20800-0000-1 Pension Payable 667.21
31-22050-0000-1 Federal Withholding Paya… 265.41
31-22100-0000-1 FICA Payable 435.74
31-22150-0000-1 Medicare Payable 132.86
31-22200-0000-1 State Withholding Payable 165.88
31-22700-0000-1 Disablity LTD 10.69
31-22900-0000-1 Life 11.23
31-505-42340-0000-1 Administration Fee -2,166.75
Expense Approval Report Payment Dates: 11/30/2022 - 12/13/2022 1/3/2023 2:57:42 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
31-505-50550-0000-1 Dental/Vision Premiums 27.16
31-505-52400-0000-1 Contract Services - Refuse… 84,460.36 31-505-52500-0000-1 Contract Services - Recycl… 11,354.34 31-505-52800-0000-1 County Waste Manageme… 5,545.80
31-505-57800-0000-1 Telephone & Communicat… 68.28
32-20800-0000-1 Pension Payable 1,477.56
32-22050-0000-1 Federal Withholding Paya… 497.05
32-22100-0000-1 FICA Payable 1,265.28
32-22150-0000-1 Medicare Payable 326.66
32-22200-0000-1 State Withholding Payable 330.53
32-22250-0000-1 SUTA Payable 79.63
32-22600-0000-1 Health FSA 27.42
32-22700-0000-1 Disablity LTD 45.82
32-22900-0000-1 Life 38.60
32-510-50550-0000-1 Dental/Vision Premiums 185.45
32-510-52200-0000-1 Contract Services 2,073.66
32-510-53800-0000-1 Equipment Rental 11,483.52
32-510-54000-0000-1 Fuel 53.28
32-510-56000-0000-1 Professional Services - Ot… 12,542.43 32-510-56400-0000-1 Repairs & Maint - Build & … 9,364.15 32-510-56410-0000-1 Repairs & Maintenance- E… 13,318.14 32-510-56600-0000-1 Repairs & Maintenance - … 157.88
32-510-57200-0000-1 Supplies - Office 118.45
32-510-57400-0000-1 Supplies - Operating 9,747.08
32-510-57800-0000-1 Telephone & Communicat… 371.49
32-510-58000-0000-1 Utilities 18,183.35
32-510-58200-0000-1 Water/Soil/Other Analysis 1,462.00
34-520-50550-0000-1 Dental/Vision Premiums 29.15
34-520-57800-0000-1 Telephone & Communicat… 114.15
Grand Total: 328,427.35
Project Account Summary
Project Account Key Payment Amount
**None** 328,427.35
Grand Total: 328,427.35
Gross Total: 237.5 3987.63
110 - City Administration Total: 697.51 18995.1
1/3/2023 2:08:14 PM Page 1 of 13
Salary - Salary 1 80 3307.69
Gross Total: 192 7938.46
DRA100 Holiday - Holiday Pay 3 25 419.75
Hourly - Hourly 3 212.5 3567.88
Hourly - Hourly 3 214 5332.56
OT - Overtime 3 28.01 1047.01
Gross Total: 268.01 7069.01
ARI100 Holiday - Holiday Pay 2 24 992.31
Hourly - Hourly 2 88 3638.46
105 - City Council Total: 0 1000
Department: 110 - City Administration
Employee Number Pay Code # of Payments Units Pay Amount ALV100 Bilingual - Bilingual 3 0 41.52
Holiday - Holiday Pay 2 26 647.92
GON300 Salary - Elected - Salary - Elected Officials 1 0 200 Gross Total: 0 200
PER100 Salary - Elected - Salary - Elected Officials 1 0 200 Gross Total: 0 200
Ayo100 Salary - Elected - Salary - Elected Officials 1 0 200 Gross Total: 0 200
Cano100 Salary - Elected - Salary - Elected Officials 1 0 200 Gross Total: 0 200
City of McFarland, CA Pay Code Report
Summary By Department
12/1/2022 - 12/31/2022
Payroll Set: City-City of McFarland
Department: 105 - City Council
Employee Number Pay Code # of Payments Units Pay Amount AYO300 Salary - Elected - Salary - Elected Officials 1 0 200 Gross Total: 0 200
Hourly - Hourly 2 119 6865.38
Salary - Salary 1 109.08 4615.38
Gross Total: 269.08 13846.15
115 - Finance & Accounting Total: 1385.56 37781.13
1/3/2023 2:08:14 PM Page 2 of 13
OT - Overtime 2 6.59 183.17
Sick - Sick Pay 2 24.83 460.1
Gross Total: 248.84 4672.06
VIR100 Bereavement - Bereavement Pay 1 16 923.08
Holiday - Holiday Pay 2 25 1442.31
Holiday - Holiday Pay 2 21 398.79
Hourly - Hourly 2 98.75 1875.26
OT - Overtime 1 10.17 289.69
Gross Total: 145.06 2851.25
VEL100 Holiday - Holiday Pay 2 27 500.31
Hourly - Hourly 3 190.42 3528.48
OT - Overtime 3 3.2 91.16
Sick - Sick Pay 2 13.5 256.37
Gross Total: 244.65 4717.85
HER200 Cash Out - Pers Day - Cash Out - Pers Day 1 9 170.91 Cash Out - VAC - Cash Out - Vacation 1 6.14 116.6
Gross Total: 242.29 5839.48
GON600 Bilingual - Bilingual 3 0 41.55
Holiday - Holiday Pay 3 36 683.64
Hourly - Hourly 3 191.95 3645.13
Hourly - Hourly 3 161.84 3838.84
OT - Overtime 1 1.95 69.38
Sick - Sick Pay 1 3.5 83.02
SPSL - Supplemental Paid Sick Leave 1 3.57 84.68
Vacation - Vacation Pay 2 45 1067.4
ESP100 Bachelor's Degree - Bachelor's Degree 3 0 27.69
Bilingual - Bilingual 3 0 41.55
Comp Time Taken - Compensatory Time Taken 1 1.43 33.92
Holiday - Holiday Pay 3 25 593
ARC100 Holiday - Holiday Pay 3 45 1067.4
Hourly - Hourly 3 168.3 3992.08
OT - Overtime 3 22.34 794.86
Gross Total: 235.64 5854.34
Payroll Set: City-City of McFarland
Department: 115 - Finance & Accounting
Employee Number Pay Code # of Payments Units Pay Amount 1/3/2023 2:08:14 PM Page 3 of 13
OT - Overtime 3 33.5 1348.71
Personal - Personal Day 1 12 322.08
Sick - Sick Pay 1 12 322.08
Vacation - Vacation Pay 1 12 322.08
Gross Total: 309.5 8756.55
SPSL - Supplemental Paid Sick Leave 1 22 417.78
Vacation - Vacation Pay 1 16 303.84
Gross Total: 258 4937.4
CAZ100-151 Holiday - Reg - Holiday - Regular 1 24 644.16 Hourly - Hourly 3 216 5797.44
AYON100 Holiday - Reg - Holiday - Regular 2 30 569.7
Hourly - Hourly 3 176 3342.24
OT - Overtime 1 4 113.94
Sick - Sick Pay 1 10 189.9
Intermediate POST - Intermediate POST Certificate 1 0 13.85 OT - Overtime 1 16.5 697.95
Sick - Sick Pay 2 0 0
Workers Comp - Workers Comp Pay 2 181 5089.85
Gross Total: 305.5 8847.25
OT - Overtime 2 7 296.1
Sick - Sick Pay 2 25 705
Gross Total: 295 8417.7
ALW100-145 Holiday - Reg - Holiday - Regular 1 24 676.8 Hourly - Hourly 2 84 2368.8
Gross Total: 242.67 7601.93
140 - Planning Total: 242.67 7601.93
Department: 150 - Police
Employee Number Pay Code # of Payments Units Pay Amount ALB100-142 Holiday - Reg - Holiday - Regular 2 36 1015.2 Hourly - Hourly 3 227 6401.4
Hourly - Hourly 3 161.57 5029.67
OT - Overtime 1 1.28 59.77
Personal - Personal Day 1 9 280.17
Sick - Sick Pay 1 4.82 150.05
Vacation - Vacation Pay 2 41 1276.33
Payroll Set: City-City of McFarland
Department: 140 - Planning
Employee Number Pay Code # of Payments Units Pay Amount DEL100 Bachelor's Degree - Bachelor's Degree 3 0 27.69
Holiday - Holiday Pay 3 25 778.25
Hourly - Hourly 3 240 4339.2
OT - Overtime 3 82 2223.84
Vacation - Vacation Pay 1 10 180.8
Gross Total: 371 7286.24
1/3/2023 2:08:14 PM Page 4 of 13
K-9 Officer - K-9 Officer 3 0 55.38
OT - Overtime 3 55.5 2790.54
Sergeant - Sergeant 3 0 62.31
Gross Total: 355.5 12964.23
HAS100-143 Comp Time Earned - Compensatory Time Earned 2 9 0 Holiday - Reg - Holiday - Regular 2 30 542.4
OT - Overtime 1 18 761.4
Sick - Sick Pay 1 12 338.4
Vacation - Vacation Pay 1 4 112.8
Gross Total: 306 8883
HAN100-112 Holiday - Reg - Holiday - Regular 2 48 1608.96 Hourly - Hourly 3 252 8447.04
Intermediate POST - Intermediate POST Certificate 3 0 41.52 OT - Overtime 3 58.5 2600.04
Gross Total: 346.5 11175
GAR100-146 Holiday - Reg - Holiday - Regular 2 36 1015.2 Hourly - Hourly 3 236 6655.2
OT - Overtime 3 75 3019.5
Gross Total: 361 10695.74
GAL100-149 Holiday - Reg - Holiday - Regular 2 36 1066.68 Hourly - Hourly 3 252 7466.76
OT - Overtime 2 1.5 42.73
Sick - Sick Pay 1 12 227.88
Gross Total: 283.5 5397.91
EST150 Holiday - Reg - Holiday - Regular 2 36 966.24
Hourly - Hourly 3 250 6710
Vacation - Vacation Pay 2 18.5 620.12
Gross Total: 330.5 11480.6
DON100 Holiday - Reg - Holiday - Regular 2 30 569.7
Hourly - Hourly 3 240 4557.6
Payroll Set: City-City of McFarland
DEW100-147 Holiday - Reg - Holiday - Regular 2 36 1206.72 Hourly - Hourly 3 252 8447.04
OT - Overtime 3 24 1206.72
OT - Overtime 2 8 412.32
Gross Total: 232 8108.96
1/3/2023 2:08:14 PM Page 5 of 13
OT - Overtime 2 23.1 658
Sick - Sick Pay 1 13.5 256.37
SPSL - Supplemental Paid Sick Leave 1 40 759.6
Gross Total: 293.1 5785.31
PES100-152 Holiday - Reg - Holiday - Regular 2 24 824.64 Hourly - Hourly 3 200 6872
Holiday - Reg - Holiday - Regular 2 24 569.28
Hourly - Hourly 3 189 4483.08
Sick - Sick Pay 1 7 166.04
Gross Total: 241.75 5698.73
PAD100 Holiday - Reg - Holiday - Regular 2 30 569.7
Hourly - Hourly 3 186.5 3541.64
Vacation - Vacation Pay 2 48 1493.76
Gross Total: 318 10300.72
NIE100-34 Military - Military Leave With Out Pay 3 0 0
Gross Total: 0 0
Nun100 Comp Time Earned - Compensatory Time Earned 1 1.5 0 Comp Time Taken - Compensatory Time Taken 2 20.25 480.33 New100-148 Holiday - Reg - Holiday - Regular 2 36 1120.32 Hourly - Hourly 3 172 5352.64
OT - Overtime 2 26 1213.68
Sick - Sick Pay 2 36 1120.32
Holiday - Reg - Holiday - Regular 3 30 660.9
Hourly - Hourly 3 230 5066.9
OT - Overtime 3 18.5 611.33
Sick - Sick Pay 2 10 220.3
Gross Total: 288.5 6628.64
Hourly - Hourly 3 249.5 8784.9
Gross Total: 325.25 10052.46
LOP125 Bachelor's Degree - Bachelor's Degree 3 0 27.69
Bilingual - Bilingual 3 0 41.52
Vacation - Vacation Pay 2 9 316.98
Gross Total: 320 11728.26
KNO100 Comp Time Earned - Compensatory Time Earned 2 39.75 0 Holiday - Reg - Holiday - Regular 2 36 1267.56
Payroll Set: City-City of McFarland
HEL100-128 Holiday - Reg - Holiday - Regular 2 36 1267.92 Hourly - Hourly 3 237 8347.14
OT - Overtime 2 26 1373.58
Personal - Personal Day 1 12 422.64
155 - Animal Control Total: 564.4 10063.41
1/3/2023 2:08:14 PM Page 6 of 13
OT - Overtime 2 11.21 262.15
Sick - Sick Pay 2 16.83 262.38
Standby - Standby 3 0 300
Vacation - Vacation Pay 1 9 140.31
Gross Total: 241.25 4148.47
Hourly - Hourly 3 213 3665.73
OT - Overtime 3 6.22 160.57
Standby - Standby 3 0 300
Gross Total: 323.15 5914.94
RIV200 Holiday - Reg - Holiday - Regular 2 31 483.29
Hourly - Hourly 3 173.21 2700.34
Gross Total: 240 21346.14
150 - Police Total: 6388.35 196068.5
Department: 155 - Animal Control
Employee Number Pay Code # of Payments Units Pay Amount MUN100 Cash Out - VAC - Cash Out - Vacation 1 76.93 1323.97 Holiday - Reg - Holiday - Regular 2 27 464.67
Gross Total: 263 4994.37
WIL100-150 Holiday - Reg - Holiday - Regular 2 24 2134.62 Hourly - Hourly 3 208 18499.98
Vacation - Vacation Pay 1 8 711.54
Holiday - Reg - Holiday - Regular 2 36 1206.72
Hourly - Hourly 3 252 8447.04
OT - Overtime 3 56.75 2853.39
Gross Total: 344.75 12583.29
VEL200 Holiday - Reg - Holiday - Regular 2 30 569.7
Hourly - Hourly 3 233 4424.67
Payroll Set: City-City of McFarland
SHA-100-152 Advanced POST - Advanced POST Certificate3 0 48.45 Bachelor's Degree - Bachelor's Degree 3 0 27.69
Hourly - Hourly 3 181.33 8926.51
Sick - Sick Pay 2 34.67 1706.74
Gross Total: 240 12299.34
1/3/2023 2:08:14 PM Page 7 of 13
Gross Total: 240.98 6239.76
175 - Grants Administration Total: 240.98 6239.76
Department: 180 - Public Works
Employee Number Pay Code # of Payments Units Pay Amount GON200 Auto Allowance - Auto Allowance 3 0 484.62
Holiday - Holiday Pay 2 24 1181.47
Hourly - Hourly 3 149.55 3820.37
Notary - Notary 3 0 41.55
OT - Overtime 1 0.05 1.92
Sick - Sick Pay 1 21.38 546.17
Vacation - Vacation Pay 2 45 1149.56
Department: 175 - Grants Administration
Employee Number Pay Code # of Payments Units Pay Amount GAR200 Bilingual - Bilingual 3 0 41.55
Holiday - Holiday Pay 3 25 638.64
OT - Overtime 2 4.5 128.18
Gross Total: 244.5 4685.78
PER200 Hourly - Hourly 3 187.35 3557.78
Gross Total: 187.35 3557.78
165 - Code Enforcement Total: 431.85 8243.56
Department: 165 - Code Enforcement
Employee Number Pay Code # of Payments Units Pay Amount ESQ100 Holiday - Reg - Holiday - Regular 2 31 588.69
Hourly - Hourly 3 209 3968.91
Hourly - Hourly 3 198 7615.08
Sick - Sick Pay 2 10 384.6
Vacation - Vacation Pay 1 8 307.68
Gross Total: 240 9830.4
160 - Building Inspection Total: 240 9830.4
Payroll Set: City-City of McFarland
Department: 160 - Building Inspection
Employee Number Pay Code # of Payments Units Pay Amount RON100 Bldg Insp - Building Inspector 3 0 600
Holiday - Holiday Pay 2 24 923.04
Gross Total: 47 769.86
VAS300 Workers Comp - Workers Comp Pay 3 3 2642.88
Gross Total: 3 2642.88
200 - Lighting & Landscaping Total: 290 7343.94
1/3/2023 2:08:14 PM Page 8 of 13
Cruz100 Holiday - Holiday Pay 2 27 442.26
Hourly - Hourly 3 213 3488.94
Gross Total: 240 3931.2
MED200 Hourly - Hourly 1 37.5 614.25
Sick - Sick Pay 1 9.5 155.61
Sick - Sick Pay 2 15.1 247.34
Gross Total: 254.6 4305.49
180 - Public Works Total: 1489.36 36069.58
Department: 200 - Lighting & Landscaping
Employee Number Pay Code # of Payments Units Pay Amount Gross Total: 231.26 3977.67
TEL100 Holiday - Holiday Pay 3 36 589.68
Hourly - Hourly 3 187 3063.06
OT - Overtime 2 16.5 405.41
PEN300 Holiday - Holiday Pay 3 25 430
Hourly - Hourly 3 188.5 3242.2
Sick - Sick Pay 3 14.76 253.87
Vacation - Vacation Pay 1 3 51.6
Hourly - Hourly 3 178 2915.64
Personal - Personal Day 1 9 147.42
Sick - Sick Pay 2 7.38 120.88
Vacation - Vacation Pay 1 14.31 234.4
Gross Total: 259.44 3844.22
OT - Overtime 2 2.54 63.97
Gross Total: 240.56 4060.33
MAR100 Comp Time Earned - Compensatory Time Earned 2 24.75 0 Holiday - Holiday Pay 3 26 425.88
OT - Overtime 2 23.5 969.73
Sick - Sick Pay 2 18 495.18
Gross Total: 263.5 7582.53
MAR210 Holiday - Holiday Pay 3 25 419.75
Hourly - Hourly 3 213.02 3576.61
Payroll Set: City-City of McFarland
GUE100 Holiday - Holiday Pay 3 25 698.15
Hourly - Hourly 3 197 5419.47
510 - Water Total: 289.5 5726.19
1/3/2023 2:08:14 PM Page 9 of 13
OT - Overtime 3 43.5 1095.55
Sick - Sick Pay 1 17 285.43
Standby - Standby 3 0 457.22
Gross Total: 283.5 5582.37
PED100 OT - Overtime 2 6 143.82
Gross Total: 6 143.82
Department: 510 - Water
Employee Number Pay Code # of Payments Units Pay Amount Brau100 Holiday - Holiday Pay 2 27 453.33
Hourly - Hourly 3 196 3290.84
Personal - Personal Day 1 18 302.22
Standby - Standby 3 0 314.35
Vacation - Vacation Pay 1 8 134.32
Gross Total: 254.5 4709.13
500 - Sewer Total: 761.5 18125.85
Gross Total: 266.5 5632.93
Pop100 Holiday - Holiday Pay 2 27 453.33
Hourly - Hourly 3 187 3139.73
OT - Overtime 3 14.5 365.18
OT - Overtime 3 26.5 754.85
PW Cert - Grade 1 - Public Works Certification - Grade 1 3 0 34.74 Sick - Sick Pay 1 4 75.96
Standby - Standby 3 0 285.74
Vacation - Vacation Pay 1 18 341.82
OT - Overtime 1 0.5 23.93
PW Cert - Grade 3 - Public Works Certification - Grade 3 3 0 103.86 Sick - Sick Pay 1 9 287.1
Gross Total: 240.5 7783.79
MED100 Holiday - Holiday Pay 3 25 474.75
Hourly - Hourly 3 193 3665.07
Payroll Set: City-City of McFarland
Department: 500 - Sewer
Employee Number Pay Code # of Payments Units Pay Amount GON400 Holiday - Holiday Pay 2 27 861.3
Hourly - Hourly 3 204 6507.6
Report Total: 13154.68 365376.95
1/3/2023 2:08:14 PM Page 10 of 13
Personal - Personal Day 1 9 154.8
Sick - Sick Pay 1 2 34.4
Vacation - Vacation Pay 1 4 68.8
Gross Total: 133 2287.6
520 - Public Transit Total: 133 2287.6
Payroll Set: City-City of McFarland
Department: 520 - Public Transit
Employee Number Pay Code # of Payments Units Pay Amount MOR100 Holiday - Holiday Pay 1 9 154.8
Hourly - Hourly 2 109 1874.8
34-520-50100-0000-1 Salaries - Permanent Employees 133 2287.6 1/3/2023 2:08:14 PM
31 - REFUSE/RECYCLING Total: 410.62 13798.36
32-510-50100-0000-1 Salaries - Permanent Employees 1062.75 29755.71 32-510-50200-0000-1 Overtime 63.42 2144.99
32-510-50800-0000-1 Auto Allowance 0 161.53
32 - WATER Total: 1126.17 32062.23
30-500-50800-0000-1 Auto Allowance 0 161.54
30 - SEWER Total: 1617.59 46505.86
31-505-50100-0000-1 Salaries - Permanent Employees 401.65 13463.15 31-505-50200-0000-1 Overtime 8.97 270.59
31-505-50800-0000-1 Auto Allowance 0 64.62
20-200-50100-0000-1 Salaries/Permanent Employees 297.9 7571.41 20 - LIGHTING & LANDSCAPING-DISTRICT 1 Total: 297.9 7571.41 30-500-50100-0000-1 Salaries - Permanent Employees 1529.85 43541.55 30-500-50150-0000-1 Wages - Temporary Employees 32.41 615.28 30-500-50200-0000-1 Overtime 55.33 2187.49
01-175-50100-0000-1 Salaries - Permanent Employees 288.98 8085.84 01-180-50100-0000-1 Salaries - Permanent Employees 1055.22 22240.64 01-180-50200-0000-1 Overtime 16.5 405.41
01-180-50800-0000-1 Auto Allowance 0 96.93
01 - GENERAL FUND Total: 9494.4 263151.49
01-155-50100-0000-1 Salaries - Permanent Employees 564.77 10950.03 01-155-50200-0000-1 Overtime 15.96 386.39
01-160-50100-0000-1 Salaries - Permanent Employees 64 3061.43 01-165-50100-0000-1 Salaries - Permanent Employees 389.83 7989.1 01-165-50200-0000-1 Overtime 5.97 164.51
01-140-50100-0000-1 Salaries - Permanent Employees 321.39 9925.52 01-140-50200-0000-1 Overtime 1.79 72.56
01-150-50100-0000-1 Salaries - Permanent Employees 5382.75 155162.9 01-150-50150-0000-1 Wages - Temporary Employees 280 5062.4 01-150-50200-0000-1 Overtime 515.35 21612.44
- Total: 75 0
01-105-50100-0000-1 Salaries - Permanent Employees 123.06 3433.75 01-110-50100-0000-1 Salaries - Permanent Employees 250.4 8269 01-115-50100-0000-1 Salaries - Permanent Employees 210.9 5966.81 01-115-50200-0000-1 Overtime 7.53 265.83
City of McFarland, CA Pay Code Report
Account Summary
12/1/2022 - 12/31/2022
Payroll Set: City-City of McFarland
Account Account Description Units Pay Amount
**BENEFIT AND NON GL TRANSACTIONS** 75 0
1/3/2023 2:08:14 PM Page 12 of 13
Payroll Set: City-City of McFarland
Account Account Description Units Pay Amount
34 - PUBLIC TRANSPORTATION Total: 133 2287.6
Report Total: 13154.68 365376.95
Report Total: 13154.68 365376.95
1/3/2023 2:08:14 PM Page 13 of 13
SPSL - Supplemental Paid Sick Leave Supplemental Paid Sick Leave 3 65.57 1262.06 Standby - Standby Standby 15 0 1657.31
Vacation - Vacation Pay Vacation Pay 24 320.81 8834.14
Workers Comp - Workers Comp Pay Workers Comp Pay 5 184 7732.73 Salary - Salary Salary 2 189.08 7923.07
Salary - Elected - Salary - Elected Officials Salary - Elected Officials 5 0 1000 Sergeant - Sergeant Sergeant 3 0 62.31
Sick - Sick Pay Sick Pay 41 363.77 9351.49
OT - Overtime Overtime 79 762.91 29134.07
Personal - Personal Day Personal Day 6 69 1629.33
PW Cert - Grade 1 - Public Works Certification - Grade 1 Public Works Certification - Grade 1 3 0 34.74 PW Cert - Grade 3 - Public Works Certification - Grade 3 Public Works Certification - Grade 3 3 0 103.86 Intermediate POST - Intermediate POST Certificate Intermediate POST Certificate 4 0 55.37 K-9 Officer - K-9 Officer K-9 Officer 3 0 55.38
Military - Military Leave With Out Pay Military Leave With Out Pay 3 0 0 Notary - Notary Notary 3 0 41.55
Comp Time Taken - Compensatory Time Taken Compensatory Time Taken 3 21.68 514.25 Holiday - Holiday Pay Holiday Pay 59 631 15670.06
Holiday - Reg - Holiday - Regular Holiday - Regular 47 761 21609.77 Hourly - Hourly Hourly 143 9602.79 254719.38
Bldg Insp - Building Inspector Building Inspector 3 0 600 Cash Out - Pers Day - Cash Out - Pers Day Cash Out - Pers Day 1 9 170.91 Cash Out - VAC - Cash Out - Vacation Cash Out - Vacation 2 83.07 1440.57 Comp Time Earned - Compensatory Time Earned Compensatory Time Earned 7 75 0 Auto Allowance - Auto Allowance Auto Allowance 3 0 484.62 Bachelor's Degree - Bachelor's Degree Bachelor's Degree 12 0 110.76 Bereavement - Bereavement Pay Berevement Pay 1 16 923.08 Bilingual - Bilingual Bilingual 15 0 207.69
City of McFarland, CA Pay Code Report
Pay Code Summary
12/1/2022 - 12/31/2022
Payroll Set: City-City of McFarland
Pay Code Description # of Payments Units Pay Amount
Advanced POST - Advanced POST Certificate Advanced POST Certificate 3 0 48.45
REGULAR CITY COUNCIL MINUTES
IN PERSON MEETING
December 08, 2022
MCFARLAND CITY COUNCIL
MCFARLAND SUCCESSOR AGENCY
MCFARLAND PUBLIC FINANCE AUTHORITY
MCFARLAND IMPROVEMENT AUTHORITY
MCFARLAND PARKING AUTHORITY
CALL TO ORDER
Mayor Pro Tem Pérez called the meeting to order at 6:00 p.m.
ROLL CALL
Councilmembers Present: Mayor Pro-Tem Pérez, Councilmember S. Ayon, Councilmember Cano, Councilmember A. Ayon
Councilmembers Absent: Mayor Sally Tafoya
OFFICIALS PRESENT
City Manager/Chief of Police Williams, City Attorney Hodges, Community Development Director L.
Ronk III, Finance Director Viramontes, Human Resources Director Arias, Deputy City Clerk Drake Officials Absent: Public Works Director Gonzales, City Clerk Alvarado
INVOCATION
Councilmember Cano
PLEDGE OF ALLEGIANCE
Councilmember S. Ayon
PRESENTATIONS, INTRODUCTIONS AND AWARDS
• Recognition award: Brianahi DeLeon
Councilmember Saul Ayon presented Brianahi DeLeon with an award recognizing her outstanding performance and commitment to the City of McFarland.
PUBLIC COMMENTS
1. Phil Corr 117 5th St McFarland, CA – Mr. Phil Corr reiterated his support for a larger police station. Mr. Corr then conveyed his concern for public records requests, the amount of time it takes to for the requests to get answered, and the requests which get denied. He shared his displeasure about the potential lack of transparency. Mr. Corr expressed his desire for residents to have a longer time to make comments at meetings.
Public Comment Closed at 6:08 p.m.
DEPARTMENTAL REPORTS
None
CONSENT AGENDA
1. Approval of Payroll Report for the month of November 2022 in the amount of $277,273.19.
2. Approval of Expense Report in the Amount of $391,264.07 from November 2, 2022, to November 15, 2022.
3. Approval of December 1, 2022, Special Meeting Minutes.
4. Resolution NO. 2022- 0126, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND APPROVING AN ADDITIONAL ALLOCATION OF FUNDS FROM THE
GENERAL FUND FOR THE FUNDING OF ENVIRONMENTAL WORK FOR SAN JOAQUIN RENEWABLES.
5. Resolution NO. 2022- 0127, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND APPROVING AN ADDITIONAL ALLOCATION OF FUNDS FROM THE
GENERAL FUND FOR THE DESIGN OF THE ELMO HWY, PERKINS AVE, AND SHERWOOD AVE OVERPASSES.
6. Report, Discuss, and Possible Approval of Resolution NO. 2022- 0128, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING A BUDGET AMENDMENT OF $1,500.00 TO THE GENERAL FUND FOR THE CITY OF MCFARLAND CHRISTMAS TREE LIGHTING EVENT.
Motion was made by: Councilmember S. Ayon to approve the consent agenda; 2nd by:
Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S, Tafoya
Full consensus 6:12 p.m.
PUBLIC HEARINGS
7. It is Recommended that the City Council Conduct a Public Hearing to Receive Public Input of the Consideration and Adoption of Resolution NO. 2022- 0129, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE 6TH CYCLE 2023-2031
MCFARLAND HOUSING ELEMENT AND THE ACCOMPANYING INTIAL STUDY AND NEGATIVE DECLARATION.
a. Staff Report– Community Development Director L. Ronk III Presentation- Cornelius Nuworsoo
b. Open the Public Hearing and Receive Public Testimony: 6:40
1. Nuworsoo responded to a question he received in November 29th’s meeting. The question inquired about the 6th Cycle and the reason it uses that term. The term 6th Cycle is used by the California Department of Housing Development and specifies the time window in which cities are to conduct their housing needs and assessments.
c. Close Public Hearing: 6:42 p.m.
d. Motion was made by: Councilmember S. Ayon to Approve Resolution NO. 2022- 0129, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND APPROVING THE 6TH CYCLE 2023-2031 MCFARLAND
HOUSING ELEMENT AND THE ACCOMPANYING INTIAL STUDY AND
NEGATIVE DECLARATION 2nd by: Councilmember A. Ayon.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 6:43 p.m.
e. Direct Staff to Schedule Second Reading and Adoption of Ordinance No.0011-2022 For the Next Regular City Council Meeting of December 22, 2022.
8. Introduction and First Reading of Amendment to the Building Code Ordinance NO. 0011 -2022,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING ORDINANCE NO. G-8866 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA AMENDING CHAPTERS 17.04, 17.06, 17.08, 17.10, 17.12,
17.16, 17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.36, 17.40, 17.44, 17.48, and 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING
REGULATIONS, RESIDENTIAL CODE, BUILDING CODE, GREEN BUILDING
STANDARDS CODE, MECHANICAL CODE, HOUSING CODE, PLUMBING CODE,
ELECTRICAL CODE, SEISMIC STRENGTHENING PROVISIONS FOR UNREINFORCED
MASONARY BEARING WALL BUILDINGS, GRADING CODE, FIRE CODE, WILDLAND
URBAN ENTERFACE CODE, DANGEROUS BUILDINGS CODE, BUILDING
RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD PLAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING SECTION 1 OF ORDINANCE NOS. 004-2020 AND 005-2020 OF THE CITY OF MCFARLAND AND MCFARLAND MUNICIPAL CODE SECTION 15.04.160.
a. Staff Report: Community Development Director L. Ronk III b. Open Public Hearing and Receive Public Testimony: 6:46 p.m.
1. Councilmember S. Ayon asked Larry Ronk to clarify the time window. Mr.
Ronk responded by informing Councilmember S. Ayon when a code comes out it generally takes until the next year for all cities to adopt it. c. Close Public Hearing: 6:47 p.m.
d. Motion was made by: Councilmember S. Ayon to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Introduce for Reading Ordinance NO. 0011-2022, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING ORDINANCE NO. G-8866 OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF
CALIFORNIA AMENDING CHAPTERS 17.04, 17.06, 17.08, 17.10, 17.12, 17.16,
17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.36, 17.40, 17.44, 17.48, and 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF THE COUNTY OF KERN
CONCERNING BUILDING REGULATIONS, RESIDENTIAL CODE, BUILDING
CODE, GREEN BUILDING STANDARDS CODE, MECHANICAL CODE,
HOUSING CODE, PLUMBING CODE, ELECTRICAL CODE, SEISMIC
STRENGTHENING PROVISIONS FOR UNREINFORCED MASONARY
BEARING WALL BUILDINGS, GRADING CODE, FIRE CODE, WILDLAND
URBAN ENTERFACE CODE, DANGEROUS BUILDINGS CODE, BUILDING
RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD
PLAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING
SECTION 1 OF ORDINANCE NOS. 004-2020 AND 005-2020 OF THE CITY OF MCFARLAND AND MCFARLAND MUNICIPAL CODE SECTION 15.04.160. 2nd by: Councilmember A. Ayon
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 6:49 p.m.
e. Direct Staff to Schedule Second Reading and Adoption of Ordinance No.0011-2022 For the Next Regular City Council Meeting of December 22, 2022.
ADMINISTRATIVE AGENDA
9. Motion was made by Councilmember A. Ayon to approve Resolution NO. 2022-0130, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING MEMORANDUM OF UNDERSTANDING FOR HOSTING CIVICSPARK FELLOW; 2nd by:
Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 6:52 p.m.
10. Motion was made by Councilmember S. Ayon to approve Resolution NO. 2022-0131, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING
AGREEMENT WITH WILLDAN FINANCIAL SERVICES FOR DEVELOPMENT IMPACT FEE UPDATE; 2nd by: Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 6:55 p.m.
11. Motion was made by Councilmember S. Ayon to approve Resolution NO. 2022- 0134, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING
THE APPLICATION AND ADOPTION OF THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM; 2nd by: Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 6:58 p.m.
12. Report, Discuss, and Provide Staff Direction of a Speed Bump Policy for the City of McFarland. *Council directed the City Manager to meet with the City Attorney and further discuss the matter concerning city speed bumps.
13. Motion was made by Councilmember S. Ayon to approve 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; 2nd by: Councilmember A. Ayon.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 7:07 p.m.
14. Motion was made by Councilmember S. Ayon to approve Direction of Structural Changes in the McFarland Police Department; 2nd by: Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 7:15 p.m.
15. Motion was made by Councilmember A. Ayon to approve of 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; 2nd by: Councilmember R. Cano.
ROLL CALL VOTE: 4/0
AYES: Mayor Pro-Tem Pérez, S. Ayon, R. Cano, A. Ayon
NAYS: None
ABSTAIN: None
ABSENT: Mayor S. Tafoya
Full consensus 7:20 p.m.
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Delano Mosquito Abatement District (DMAD) – Ricardo Cano b. Kern Council of Governments (KCOG)- Mayor Tafoya or Mayor Pro-Tem Pérez c. Kern Economic Development Corp. (KEDC) – Mayor Tafoya or Mayor Pro-Tem Pérez d. Kern County Association of Cities (KCAC)
e. Poso Creek (IRWMP)- Councilmember S. Ayon
f. Kern Local Agency Formation Commission (LAFCO) – Councilmember S. Ayon
COUNCIL STATEMENTS AND REPORTS
Amador Ayon- Invited the public to the city’s Christmas activities and thanked everyone for their hard work.
Ricardo Cano- Mentioned McFarland will have its first Christmas tree lighting ceremony and thanked those who made it possible.
Saul Ayon- Thanked the residents for voting and passing measures O and M. He mentioned it is now up to the Board to deliver on their promises and move forward with what is best for the community. Serving the community is important and requested the next meeting recognize the length of which employees have been with the City of McFarland. He inquired about the impact fees and their status. Thanked Diego, Larry, and the board.
María T. Pérez- Thanked the board for assisting in keeping the meeting on track and for those who attended in-person and online. Mayor Pro Tem mentioned she will be attending the parade and will be with her school and their float in the parade.
CLOSED SESSION
ADJOURNMENT
Meeting adjourned at 7:25 p.m.
____________________________
Sarah Drake, Deputy City Clerk
SPECIAL CITY COUNCIL MINUTES
IN PERSON MEETING
December 08, 2022
MCFARLAND CITY COUNCIL
MCFARLAND SUCCESSOR AGENCY
MCFARLAND PUBLIC FINANCE AUTHORITY
MCFARLAND IMPROVEMENT AUTHORITY
MCFARLAND PARKING AUTHORITY `
CALL TO ORDER
Mayor Pro Tem Pérez called the meeting to order at 7:35 p.m.
ROLL CALL
Councilmembers Present: Mayor Pro-Tem Pérez, Councilmember S. Ayon, Councilmember R. Cano, Councilmember A. Ayon
Councilmembers Absent: Mayor S. Tafoya
OFFICIALS PRESENT
Chief of Police/City Manager Williams, City Attorney Hodges, Finance Director Viramontes, Human Resources Director Arias, Deputy City Clerk Drake
Officials Absent: Public Works Director Gonzales, Community Development Director Ronk, City Clerk Alvarado
INVOCATION
None
PLEDGE OF ALLEGIANCE
None
PUBLIC COMMENTS
No comments from the public were presented.
Public comment closed at 7:36 p.m.
DEPARTMENTAL REPORTS
None
ADMINISTRATIVE AGENDA
None
CLOSSED SESSION AGENDA
1. Significant exposure to litigation pursuant to § 54956.9(b): (one case) Report out: During Closed session of the Special Meeting, Council was advised of the one potential litigation matter. After discussion, Council gave direction to the City Manager; no further reportable action was taken.
ADJOURNMENT
Meeting adjourned at 8:11 p.m.
____________________________
Sarah Drake, Deputy City Clerk
REGULAR CITY COUNCIL MINUTES
IN PERSON MEETING
December 22, 2022
MCFARLAND CITY COUNCIL
MCFARLAND SUCCESSOR AGENCY
MCFARLAND PUBLIC FINANCE AUTHORITY
MCFARLAND IMPROVEMENT AUTHORITY
MCFARLAND PARKING AUTHORITY
CALL TO ORDER
Mayor S. Ayon called the meeting to order at 6:00 p.m.
ROLL CALL
Councilmembers Present: Mayor S. Ayon, Vice Mayor Cano, Councilmember A. Ayon, Councilmember Gonzalez
Councilmembers Absent: None
*1 Vacant Councilmember Seat
OFFICIALS PRESENT
City Manager/Chief of Police Williams, City Attorney Hodges, Community Development Director L.
Ronk III, Public Works Director Gonzales, Human Resources Director Arias, City Clerk Alvarado Officials Absent: Finance Director Viramontes
INVOCATION
Councilmember Cano
PLEDGE OF ALLEGIANCE
Councilmember Gonzalez
PRESENTATIONS, INTRODUCTIONS AND AWARDS
• Years of Service Recognition Awards on Behalf of Mayor Saul Ayon Council recognized City Employees for their years of service and presented awards to them. • Recognition Award Presented to the Lions Club on Behalf of Mayor Saul Ayon Mayor S. Ayon recognized and thanked the McFarland Lions Club for their dedicated service to the City of McFarland and presented them with an award.
PUBLIC COMMENTS
Public comment opened at 6:21 p.m.
1. Phil Corr 117 5th Street- Library- Mr. Phil Corr handed out two versions of the New York Times Magazine Article and briefly spoke about the article.
Public Comment Closed at 6:24 p.m.
DEPARTMENTAL REPORTS
A. Public Works Department
• Pothole Repairs
• 2nd Street Improvements
Public Works Director Gonzales gave brief updates on topics listed above.
Public Comments:
Geno Barajas asked if Public Works has a crew that goes out to repair potholes? PW Director Gonzales responded yes that it is the streets crew.
Jose Hernandez asked Public Works Director Gonzales if they had a tentative schedule for street pothole repairs that would indicate what street were going to be repaired and when. PW Director responded yes, they do have a schedule for pothole repairs. But that they are currently working on obtaining a schedule for pavement management that would repair the entire street.
B. Community Development Department
• Data Ticket
Community Development Director Ronk gave brief update on topic listed above.
C. Human Resources Department
• Health Care Plans
This item not addressed.
CONSENT AGENDA
1. Approval of Expense Report in the Amount of $ 269,284.33 from November 16, 2022, to November 29, 2022.
2. Resolution NO. 2022- 0138, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS
WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.
3. Resolution NO. 2022- 0139, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS.
4. Resolution NO. 2022- 0141, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND APPROVING AN ADDITIONAL ALLOCATION OF FUNDS FROM THE
GENERAL FUND FOR THE FUNDING OF PLANNING PROFESSIONAL SERVICES FOR TRACT 7393, TRACT 7292, AND SB2 PLANNING GRANT.
Motion was made by: Vice Mayor Cano to approve the consent agenda; 2nd by: Councilmember A. Ayon ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
PUBLIC HEARINGS
5. Second Reading of Amendment to the Building Code Ordinance NO. 0011 -2022, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING ORDINANCE NO. G-9179 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA AMENDING CHAPTERS 17.04, 17.06, 17.08, 17.10, 17.12,
17.16, 17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.36, 17.40, 17.44, 17.48, and 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING
REGULATIONS, RESIDENTIAL CODE, BUILDING CODE, GREEN BUILDING
STANDARDS CODE, MECHANICAL CODE, HOUSING CODE, PLUMBING CODE,
ELECTRICAL CODE, SEISMIC STRENGTHENING PROVISIONS FOR UNREINFORCED
MASONARY BEARING WALL BUILDINGS, GRADING CODE, FIRE CODE, WILDLAND
URBAN ENTERFACE CODE, DANGEROUS BUILDINGS CODE, BUILDING
RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD PLAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING SECTION 1 OF ORDINANCE NOS. 004-2020 AND 005-2020 OF THE CITY OF MCFARLAND AND MCFARLAND MUNICIPAL CODE SECTION 15.04.160.
a. Staff Report: Presented by: Community Development Director L. Ronk III b. Stated for Record Ordinance Number Correction to Reflect G-9179 of the County of Kern.
c. Open Public Hearing and Receive Public Testimony: 6:34 p.m.
No Comments from the public were presented.
d. Close Public Hearing: 6:34 p.m.
e. Motion was made by: Vice Mayor Cano to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, Ordinance NO. 0011-2022, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING
ORDINANCE NO. G-9179 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA AMENDING CHAPTERS 17.04,
17.06, 17.08, 17.10, 17.12, 17.16, 17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.36,
17.40, 17.44, 17.48, and 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF
THE COUNTY OF KERN CONCERNING BUILDING REGULATIONS,
RESIDENTIAL CODE, BUILDING CODE, GREEN BUILDING STANDARDS
CODE, MECHANICAL CODE, HOUSING CODE, PLUMBING CODE,
ELECTRICAL CODE, SEISMIC STRENGTHENING PROVISIONS FOR
UNREINFORCED MASONARY BEARING WALL BUILDINGS, GRADING
CODE, FIRE CODE, WILDLAND URBAN ENTERFACE CODE, DANGEROUS
BUILDINGS CODE, BUILDING RELOCATION, MOBILE HOME AND
ACCESSORY STRUCTURES, FLOOD PLAIN MANAGEMENT CODE, AND
ENERGY CODE AND AMENDING SECTION 1 OF ORDINANCE NOS. 004- 2020 AND 005-2020 OF THE CITY OF MCFARLAND AND MCFARLAND MUNICIPAL CODE SECTION 15.04.160.2nd by: Councilmember A. Ayon.
Clerk Alvarado stated for the record that newly adopted ordinance No. 0011-2022 would be posted in the designated posting locations within 15 days of its passage.
Motion was made by: Vice Mayor Cano to approve item 5; 2nd by: Councilmember A. Ayon ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
ADMINISTRATIVE AGENDA
6. Report, Discussion, and Possible Approval of Resolution NO. 2022-0142, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND ESTABLSHING DEPOSIT AMOUNTS FOR RESIDENTIAL AND COMMERCIAL UTILITY ACCOUNTS.
Councilmembers discussed.
Motion was made by: Councilmember A. Ayon to approve Resolution No. 2022-0142; 2nd by: Vice Mayor Cano
ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
7. Report, Discussion, and Possible Approval of Resolution NO. 2022- 0143, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE GRANT
APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE EAST PERKINS WATER WELL PROJECT.
Council Questions.
Public Comment: Jose Hernandez 602 7th Steet- Asked if the cost was dependent on the depth of the well and asked if minerals were found what the process would be.
Motion was made by: Vice Mayor Cano to approve Resolution NO. 2022-0143; 2nd by: Councilmember A. Ayon
ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
8. Report, Discussion, and Possible Approval of Resolution NO. 2022- 0144, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING AN ADDITIONAL
ALLOCATION OF FUNDS FROM THE GENERAL FUND FOR THE FUNDING OF PROFESSIONAL SERVICES BY DATATICKET.
Motion was made by: Councilmember A. Ayon to approve Resolution No. 2022-0144; 2nd by: Vice Mayor Cano
ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
Clerk Alvarado stated for the record that Resolution No. 2022-0144 has a typo under the 5th whereas paragraph the date should reflet 2022 not 2023.
9. Report, Discussion, and Possible Approval of Resolution NO. 2022- 0145, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING AN ADDITIONAL
ALLOCATION OF FUNDS FROM THE GENERAL FUND FOR THE PURCHASE OF LAND WITHIN THE AGREEMENT FOR PURCHASE AND SALE OF PERMANENT EASEMENT.
Council questions.
Public Comments:
Developer -Dr. Michael Hair stated they will also be giving the landowner an additional - one hundred and twenty thousand dollars in addition to the appraisal.
Motion was made by: Vice Mayor Cano to approve Resolution No. 2022-0145; 2nd by: Councilmember A.
Ayon
ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Delano Mosquito Abatement District (DMAD) – Vice Mayor Ricardo Cano b. Kern Council of Governments (KCOG)-
c. Kern Economic Development Corp. (KEDC) –
d. Kern County Association of Cities (KCAC) -
e. Poso Creek (IRWMP)- Mayor S. Ayon
f. Kern Local Agency Formation Commission (LAFCO) – Mayor S. Ayon
COUNCIL STATEMENTS AND REPORTS
Anita Gonzalez- No Comments.
Ricardo Cano- Thanked everyone who showed up to the meeting and congratulated the newly elected members. He expressed his thoughts regarding the New York Times article stating that he is certain that our Chief of Police doesn’t envy anyone and nor does the council.
Amador Ayon- Thanked everyone for their hard work and support. He assured that he will continue to strive to do the very best for the community he lives in to make it a better city.
Saul Ayon- Expressed his thoughts in regard to the New York Times article saying that he found it very disrespectful. He stated that he was disappointed with the comments stated in the article about Mr. White.
He requested that staff agendize selecting new members to Committee/Special District meetings.
ADJOURNMENT:
Mayor S. Ayon requested a Motion to adjourn meeting motion was made by: Councilmember A. Ayon to Adjourn Meeting 2nd by: Vice Mayor Cano
ROLL CALL VOTE: 4/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
*1 Vacant Councilmember Seat
Meeting adjourned at 7:04 p.m.
CLOSED SESSION
____________________________
Francisca Alvarado, City Clerk
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Larry A Ronk III, Community Development Director
DATE: January 12, 2023
SUBJECT: Report, Discuss, and Possible approval of Agreement with The Regents of the University of California.
SUMMARY:
City staff applied for a grant through California for All Animals Program. This grant would help spay and neuter more dogs picked up on city streets. This will help provide the shelter with the ability to spay and neuter more dogs in the community so they may be accepted by a rescue or adopted by residents.
This grant does not require any match but does require quarterly reporting that will be shared. This information would include the number of dogs rescued, adopted, picked up, surrendered, etc.
Staff believes that this is a great opportunity to receive $108,000.00 to increase spays and neuters of dogs in the community.
RECOMMENDATION:
Staff recommends the City Council to approve Resolution No. 2023-0001 for approval of the agreement with The Regents of the University of California and have the City Manager execute agreement.
FISCAL IMPACT:
This will have a cost savings to the city.
ATTACHMENTS:
Resolution 2023-0001
AGREEMENT
RESOLUTION NO. 2023-0001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING AGREEMENT WITH THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA for SPAY AND NEUTER
WHEREAS, the CITY has applied for a grant through Welcome Grant from UC Davis; and
WHEREAS, the City was selected for grant funding of $108,000.00; and WHEREAS, the CITY will be required to share quarterly reports on animal intake, rescues, adoptions, etc.; and
WHEREAS, the grant will help with spay/neutering animals at the shelter for adoption and rescue; and
WHEREAS, the CITY approves agreement with the Regents of the University of California; and
WHEREAS, the City Council received both written and oral testimony of Grant Agreement on January 12th, 2023; and
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 Agreement is in the best interest of the City.
3) The City Manager is hereby authorized and directed to execute agreement with the Regents of the University of California.
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, January 12th, 2023, moved by Councilmember __________________and seconded by Councilmember ___________________, duly adopted and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
________________________ Saul Ayon, Mayor
Francisca Alvarado, City Clerk
Attachments:
- Agreement
UCD #_______
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UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(City of McFarland)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF MCFARLAND (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $108,000 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].
3. Term. Services shall be rendered from December 15, 2022 through December 14, 2023.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
UCD #______
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Larry Ronk
Business & Revenue Contracts Community Development Director University of California, Davis City of McFarland
One Shields Ave. 401 W Kern Ave
Davis, CA 95616 McFarland, CA 93250
E-mail: [email protected] E-mail: [email protected] UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
13. Governing Law. This Agreement shall be construed pursuant to California law.
14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be UCD #______
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
15. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.
16. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.
17. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
CITY OF MCFARLAND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
UCD #_______
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Exhibit A
Scope of Work
1. Purpose of the work: City of McFarland will partner with SNIP Bus to provide spay/neuter clinics to their communty.
2. Roles and responsibilities of each party: City of McFarland will partner with SNIP Bus to provide quarterly spay/neuter clinics to their communty for one year, with the goal of providing 20 spay/neuter surgeries per three-day clinic. No university equipment will be used.
3. Dates and times will the work be completed: Work will be completed during the contract period of December 15, 2022 through December 14, 2023.
4. Location where work will be performed: 401 W Kern Ave, McFarland, CA 93250
5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer. Organization is asked to keep track of the total number of surgeries per species used with grant funds, number of veterinary and nonveterinary staff trained, total amount spent on supplies and equipment, and number of spay/neuter events held.
6. Project milestones: Program pilot to be completed by December 14, 2023.
7. Total cost of the services: Total of services not to exceed $108,000. No construction costs will be funded through this grant.
Items:
o SNIP Bus Partnership
Spay/neuter clinics at $27,000 each x 4 $108,000
Total expenses: $108,000
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time. 1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, Chief/City Manager
Mario Gonzales, Public Works Director
Octavio Gonzalez, WWTP/ Supervisor
DATE: January 12, 2023
SUBJECT: Report, Discuss, and Possible Approval of Cannon’s proposal for the Engineering Services to Update to the Sewer System Management Plan (SSMP).
SUMMARY:
The City of McFarland completed its first SSMP in April 2011 and completed an Update in October 2013. This SSMP is essentially a management plan on the sewer collections system. The plan has a method for documenting spills and established a schedule for critical maintenance items.
The State Water Resources Control Board (SWRCB) emailed the WWTP staff in the summer of 2022 and again in early November 2022, requesting the City’s SSMP update along with a request for re-certification of the SSMP. This will involve an update to the SSMP. Cannon has prepared numerous SSMP updates including the City’s 2011 SSMP. Cannon was contacted to provide a cost to update the City of McFarland SSMP.
The SWRCB is currently circulating modifications to the General Order for Sanitary Sewer Systems. We will consider the draft requirements for the SSMP update.
The draft requirements are very similar as previous SSMP chapters. However, the spillage volume reporting is now broken down into small volume reporting. There are also recommended operator certification requirements.
RECOMMENDATION:
Staff recommends City Council approve and allow Cannon to update SSMP.
Fees: Engineer’s services, $12,100.00.
FINANCIAL IMPACT:
Enterprise fund
2 | Page
Wastewater Treatment Plant
ATTACHMENT:
Proposal for Engineering service to update to the Sewer System Management Plan (SSMP). 120805.44
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December 19, 2022
Kenny Williams
City Manager
City of McFarland
401 W. Kern Avenue
McFarland, CA 93250
Subject: Proposal for Engineering Services to Update to the Sewer System Management Plan (SSMP)
Dear Mr. Williams:
The City of McFarland completed its first SSMP in April 2011 and completed an Update in October 2013. This SSMP is essentially a management plan on the sewer collections system.
The plan has a method for documenting spills and established a schedule for critical maintenance items
The State Water Resources Control Board emailed the WWTP staff in summer 2022 and again in early November 2022 requesting the City’s SSMP update along with a request to recertification of the SSMP. This will involve an update to the SSMP. Cannon has prepared numerous SSMP updates including the City’s 2011 SSMP. Cannon was contacted to provide a cost to update the City of McFarland SSMP. This letter proposal serves as a proposal to complete the SSMP update.
The SWRCB is currently circulating modifications to the General Order for Sanitary Sewer Systems. We will consider the draft requirements for the SSMP update.
The draft requirements are very similar as Previous SSMP chapters. However, the spillage volume reporting is now broken down into small volume reporting. They are also recommended operator certification requirements.
Cannon is prepared to start and complete the SSMP update by the end of this calendar year.
This letter proposal provides a Scope of Work for the various chapters of the SSMP document.
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Scope of Work
The effort for updating the sewer management plan is outlined below. • Sanitary Sewer Management Plan. –
– Review existing SSMP
– Updated various exhibits for Update including Collections system Map – Develop Maintenance Schedule
– Determine Capital Improvements Plan and document.
– Document historic SSMP Maintenance efforts
– Conduct Kickoff and progress meeting for review of Draft Chapters Fees
A lump sum of Twelve thousand one hundred dollars ($12,100) is hereby established for Engineer’s services, unless amended by scope of services or schedule changes.
Schedule
Draft chapters will be provided to the District staff as they are completed. Comments will be incorporated to final chapters. It is anticipated that the final SSMP Update will be completed by the end of March 31, 2023.
Should you need additional information, or have questions regarding this proposal, please call us. We look forward to hearing from you.
Sincerely,
Amando Garza, P.E.
Senior Principal Engineer
AG/skh
cc: Tom Schroeter, Attorney-at-Law
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120805.44
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CannonCorp.us
PREVAILING WAGE INFORMATION REQUEST
Thank you for this opportunity to be of service on your public works project. Please complete and return this form to allow us to comply with California’s prevailing wage requirements.
Thank you!
Legal Name of Cannon
PWC Registration No.
Cannon Corporation
1000001861
Cannon Project Number
PUBLIC WORKS PROJECT REGISTRATION INFORMATION:
Client’s Project Name
DIR Project ID (PWC-100)
Applicable Bid
Advertisement Date
Client’s Representative for
DIR Project ID Information
Name:
E-mail:
Phone No.:
Labor Compliance Program (LCP)
Applicable to this Project?
Yes or No
If yes, please confirm if Cannon will be
Subject to the LCP and provide a copy of the
LCP manual to Cannon before the start of the
project. Thank you.
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ACCEPTANCE OF PROPOSAL
Proposal Date: December 16, 2022
Client: City of McFarland
Attention: Kenny Williams, City Manager
401 West Kern Avenue
McFarland, CA 93250
Project: Sewer System Management Plan (SSMP) Update
Scope of Work: Update Sewer System Management Plan
Fixed Fees: $12,100.00
Appendix A details the terms for work. Cannon bills monthly for work in progress and payment is due within 10 calendar days of invoice date. Overdue amounts will be surcharged at 18 percent per annum or 1.5 percent monthly. Materials are charged at cost plus 25% (+ tax). Reimbursable Expenses are not included in fixed fee; see enclosed “Reimbursable Expense Schedule” for rates. The fees are based upon current California Prevailing Wages; please provide us with the DIR Project ID. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the above rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays.
Please indicate your acceptance of this proposal by signing below.
In witness whereof, the parties hereto have caused this agreement consisting of proposal letter, Appendix A and any other necessary and applicable documents to be executed of the date and year first above written. In Appendix A, Cannon Corporation hereinafter referred to as Cannon. The Client, as noted below, hereinafter referred to as Client.
Client: City of McFarland Cannon
x
Kenny Williams Larry P. Kraemer, PE
City Manager Director, Public Infrastructure
C 44813
Date: Date:
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APPENDIX A: TERMS FOR CANNON SERVICES
Section 1: The Agreement
1.1 The agreement between the above noted parties consists of the following terms, the attached proposal and any exhibits or attachments noted in the proposal. Together these elements will constitute the entire agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing.
Section 2: Standard of Care
2.1 Data, interpretations, and recommendations by Cannon will be based solely on information provided to Cannon. Cannon is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed.
2.2 Services performed by Cannon under this agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of this profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
2.3 The Client agrees that Cannon may use and publish the Client's name and a general description of Cannon’s services with respect to the project in describing Cannon’s experience and qualifications to other Clients and prospective Clients. The Client also agrees that any patentable or copyrightable concepts developed by Cannon as a consequence of service hereunder are the sole and exclusive property of Cannon.
2.4 The Client recognizes that it is neither practical nor customary for Cannon to include all construction details in plans and specifications, creating a need for interpretation by Cannon or an individual who is under Cannon’s supervision. The Client also recognizes that construction review permits Cannon to identify and correct quickly and at comparatively low cost professional errors or omissions that are revealed through construction, or errors or omissions committed by others due to misinterpretation of design documents, or due to other causes. For the foregoing reasons construction review is generally considered an essential element of a complete design professional service. Accordingly, if the Client directs Cannon not to provide construction monitoring, Cannon shall be held harmless for any and all acts, errors or omissions, except for those consequences which it reasonably could be concluded that Cannon’s review services would not have prevented or mitigated.
2.5 Client acknowledges that Cannon is not responsible for the performance of work by third parties including, but not limited to, engineers, architects, contractors, subcontractors, or suppliers of Client.
Section 3: Billing and Payment
3.1 Client will pay Cannon on a monthly basis to be billed by Cannon. Prior to the start of the project, a retainer as specified in the proposal, is required. Invoices for the balance will be submitted to Client by Cannon and will be due and payable within 10 days of invoice date. If Client objects to all or any portion of any invoice, Client will so notify Cannon in writing within fourteen (14) days of the invoice date, identify the cause of the disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid.
3.2 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice.
Client will pay an additional charge of 1-1/2 (1.5) percent per month or 18% per year of any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by Client to Cannon per Cannon’s current fee schedule. In the event Client fails to pay Cannon within sixty (60) days after invoices are rendered, Client agrees that Cannon will have the right to consider the failure to pay Cannon’s invoice as a breach of this agreement.
3.3 Client agrees that if Client requests services not specified herein, Client agrees to timely pay for all such services as extra work. Cannon will notify the Client prior to performance of services which are not specified in this agreement.
3.4 Client agrees that payment to Cannon is in no way contingent on the results of work by Cannon or on the outcome of any litigation.
3.5 Preparation for and/or travel time to client requested meetings will be charged at the hourly rate.
3.6 Billing rates are subject to change, typically on an annual basis.
Section 4: Additional Services
4.1 Additional services include making revisions in drawings, specifications or other documents when such revisions are:
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Inconsistent with approvals or instructions previously given by the Client, including revisions made necessary by adjustments in the Client's program or project budget; Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.
4.2 Additional services includes providing services required because of significant changes in the project including, but not limited to, size, quality, complexity, the Client's schedule, or the method of bidding or negotiating and contracting for construction.
4.3 Where unexpected developments increase the scope of work as defined herein and/or prove the assumptions of this proposal invalid, Cannon will make a reasonable effort to contact the Client to discuss the effects and adjustment of cost.
Section 5: Site Access and Site Conditions
5.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for Cannon to perform the work set forth in this agreement. Client will notify any and all possessors of the project site that Client has granted Cannon free access to the site. Cannon will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur and the correction of such damage is not part of this agreement unless so specified in the proposal.
Section 6: Ownership of Documents
6.1 All reports, maps, plans, field data, field notes, estimates and other documents, whether in hard copy or machine readable form, which are prepared by Cannon as instruments of professional service, shall remain the property of Cannon. The Client may retain copies, including copies stored on magnetic tape or disk, for information and for reference in connection with the occupancy and use of the project.
6.2 Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, Cannon reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of Cannon in their preparation. Cannon also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two.
6.3 The Client recognizes that changes or modifications to Cannon’s instruments of professional service introduced by anyone other than Cannon may result in adverse consequences which Cannon can neither predict nor control. Therefore, and in consideration of Cannon's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify Cannon from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the machine readable information and data provided by Cannon under this Agreement. The foregoing indemnification applies, without limitation, to any use of the project documents on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by Cannon.
6.4 Client agrees that all reports and other work furnished to Client or his agents, which is not paid for, will be returned upon demand and will not be used by Client or others for any purpose whatsoever.
Section 7: Client Responsibilities
7.1 The Client shall provide full information including a program setting forth the Client's design objectives, constraints, and construction budget criteria.
7.2 The Client shall furnish a legal description, a certified land survey, and the services of a soil, structural, mechanical, electrical or other engineer or consultant services, and laboratory tests, inspections, or reports as required by law or as requested by Cannon to perform the functions and services required of this agreement. The information shall be furnished at the Client's expense and Cannon shall be entitled to rely upon the accuracy and completeness thereof.
7.3 The Client shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the project, including auditing services the Client may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by the Client. The information above shall be furnished at the Client's expense, and Cannon shall be entitled to rely upon the accuracy and completeness thereof.
7.4 If the Client observes or otherwise becomes aware of any fault or defect in the project or nonconformance with the Contract Documents, prompt written notice shall be given by the Client to Cannon.
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7.5 The Client shall furnish information and shall review Cannon’s work and provide decisions as expeditiously as necessary for the orderly progress of the project and of Cannon’s services.
Section 8: Insurance
8.1 Cannon represents and warrants that it and its agents, staff and consultants employed by it, is and are protected by worker's compensation insurance and that Cannon has such coverage under public liability and property damage insurance policies which Cannon deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Cannon agrees to indemnify and save Client harmless from and against any loss, damage or liability arising from any negligent acts by Cannon, its agents, staff, and consultants employed by it. Cannon shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. Cannon shall not be responsible for any loss, damage, or liability arising from any acts by Client, its agents, staff, and other consultants employed by Client.
Section 9: Termination
9.1 This agreement may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this agreement or in the event of substantial failure of performance by the other party, or if Client suspends the work for more than three (3) months. In the event of termination, Cannon will be paid for services performed prior to the date of termination plus reasonable termination expenses including the cost of completing analyses, records and reports necessary to document job status at the time of termination.
9.2 Failure of the Client to make payments to Cannon when due in accordance with this agreement shall be considered substantial nonperformance and cause for termination. If the Client fails to make payment when due to Cannon for services and expenses, Cannon may, upon seven (7) days written notice to the Client, suspend performance of services under this agreement. Unless payment in full is received by Cannon within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, Cannon shall have no liability to the Client for delay, damage, loss of agency approvals, loss of financing, interest expenses, etc. caused to the Client because of such suspension of service.
Section 10: Disputes Resolution
10.1 All claims, disputes, and other matters in controversy between Cannon and Client arising out of or related to this agreement will be submitted to "alternative dispute resolution" (adr) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent Client and Cannon have agreed on methods for resolving such disputes, then such methods will be set forth in the "alternative dispute resolution agreement" which, if attached, is incorporated and made a part of this agreement.
10.2 If a dispute at law related to the services provided under this agreement and that dispute requires litigation instead of adr as provided upon, then:
(1) The claim will be brought and tried in judicial jurisdiction of the court of the county where Cannon’s principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and
(2) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses.
Section 11: Assigns
11.1 Cannon shall not assign this agreement in whole or in part nor shall it subcontract any portion of the work to be performed hereunder; except that Cannon may use the services of persons or(?) entities not in our employ when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, specialized consultants and testing laboratories. Cannon’s use of others for additional services shall not be unreasonably restricted by the Client provided Cannon notifies the Client in advance.
Section 12: Governing Law and Survival
12.1 The law of the State of California will govern the validity of these terms, their interpretation and performance.
12.2 If any of the provisions contained in this agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this agreement for any cause. 120805.44
9 1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 F 805.544.3863
CannonCorp.us
Section 13: Limitation of Liability
13.1 To the fullest extent permitted by law, the total liability, in the aggregate, of Cannon and Cannon’s officers, directors, employees, agents and independent professional associates and consultants, and any of them, to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to Cannon’s services, the project or this agreement from any cause or causes whatsoever, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of Cannon or Cannon’s officers, directors, employees, agents and independent professional associates and consultants, or any of them, shall not exceed the total compensation received by Cannon under this agreement, or the total amount of $50,000.00, whichever is greater.
Section 14: Hiring Cannon’s Employees
14.1 From time to time, Clients who have come to know and work with our employees in the course of a project wish to hire them to work as the Client’s own in-house employees. We pride ourselves on recruiting, hiring, and training the very best employees possible, and in assigning to projects our employees who best meet our Clients’ individual needs. Our goal is to have our Clients view Cannon and its individual employees as indispensable.
14.2 Client agrees to pay Cannon a finder’s fees equal to 12 months of the employee’s current salary or wage for each of our employees whom the client(?) choose to hire, either directly or indirectly. Client acknowledges and agrees that the finder’s fee is both fair and reasonable, and is equivalent to a recruiting or “headhunter’s fee” that Client would expect to pay to a third party for locating and recruiting an employee of the caliber of the hired Cannon employee.
14.3 This Section 14 shall be limited to those of Cannon’s employees with whom Client works or is introduced by Cannon during the course of this engagement, and shall be applicable to such employees both during his/her employment with Cannon and for a period of six (6) months thereafter.
This Section 14 shall survive the cancellation or expiration of this Agreement.
Section 15: Prevailing Wage
15.1 Cannon acknowledges the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent required by the California Labor Code, Cannon shall fully comply with and require its subconsultants to fully comply with such Prevailing Wage Laws.
15.2 Pursuant to Labor Code Sections 1725.5 and 1771.1, Cannon and all its subconsultants performing work subject to prevailing wage must be registered with the Department of Industrial Relations and submit their certified payroll records directly to the DIR. In order to do so, the awarding body needs to complete the PWC-100 (Public Works Project Registration) within five days of awarding the contract; and provide Cannon with the DIR Project ID prior to the start of Cannon’s work. 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: January 12, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0002 approving a Wastewater Treatment Plant Operator 1 job description, new salary range, the reclassification of the Wastewater Treatment Plant Operator in Training to the Wastewater Treatment Plant Operator 1, and an annual appropriation of $5,383.66 to pay for the increase in pay for the employee being reclassified.
SUMMARY:
Marvin Pop start date with the city was on August 30, 2020. One requirement was that he obtain his Wastewater Plant Operator Grade I certificate. On October 27, 2022, Marvin Pop obtained his certificate given by the CA State Water Resource Control Board, therefore he has met his requirement.
Staff recommends the reclassification of Marvin Pop from Wastewater Operator in Training, to the Wastewater Plant Operator Grade I.
Staff is recommending raising the salary range from Range 6, Step E, at $16.79 per hour for the Wastewater Plant Operator in Training to Range 9, Step F, at $18.99 per hour for the Wastewater Plant Operator Grade I as stated in the city’s pay schedule and consistent with previous Wastewater Plant Operator Grade I.
In addition, staff also recommends an appropriation of an additional annual sum of $5,383.66 from wastewaters enterprise fund, to pay for the raise given to the Wastewater Plant Operator Grade I in recognition of his achievement in obtaining his Wastewater Plant Operator Grade I.
FINANCIAL IMPACT:
The Wastewater Operator in Training is currently at Salary Range 6. The proposed new salary Range 9, for the new Wastewater Plant Operator Grade I is also listed below.
Range 6- Wastewater Operator in Training
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Step C: $15.21/ hr.
Step F: $17.64/ hr.
Bi-Weekly: $1,216.77 - $1,411.07 (+benefits)
Monthly: $2,636.33 - $3,057.32 (+benefits)
Yearly: $31,636.02 - $36,687.82 (+benefits)
The new recommended salary range is, Range 9 – Wastewater Plant Operator Grade I Step B: $15.59/ hr.
Step F: $18.99/ hr.
Bi-Weekly: $1,247.19 – 1,519.57 (+benefits)
Monthly: $2,702.25 - $3,292.40 (+benefits)
Yearly: $32,426.94 - $39,508.82 (+benefits)
RECOMMENDATION:
It is recommended that the City Council of the City of McFarland adopt Resolution No. 2023- 0000 approving a new job description, salary range, and reclassification of Marvin Pop from the Wastewater Plant Operator in Training to Wastewater Plant Operator Grade I. An appropriation annual sum of money of $5,383.66 from the wastewater enterprise fund, to fund the raise in pay for the Wastewater Plant Operator Grade I.
ATTACHMENT:
Resolution No. 2023-0002
Certification
Job Description
RESOLUTION NO. 2023-0002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING THE RECLASSIFICATION OF THE WASTEWATER TREATMENT
PLANT OPERATOR IN TRANING TO WASTERWATER TREATMENT PLANT OPERATOR 1 AND AN APPROPRIATION OF AN ADDITIONAL ANNUAL SUM OF $5,383.66 FROM THE WASTEWATER FUND, TO FUND A RECOMMENDED
HIGHER SALARY RANGE INCREASE FOR THE WASTEWATER TREATMENT PLANT OPERATOR 1 POSITION AT RANGE 09 STEP “F” AT $18.99/HOUR.
WHEREAS, the City Council of the City of McFarland has approved a continuing budget resolution for fiscal year 2022/2023.
WHEREAS, the City Council believes it is necessary to approve a higher salary range for the wastewater treatment plant operator 1, within the Public Works Department; and WHEREAS, the City Council is reclassifying the current wastewater treatment plant operator in training, to the wastewater treatment plant operator 1 position.
WHEREAS, the current salary range for the wastewater treatment plant operator in training position is range 06 $31,636.02. to $36,687.82 annually. The newly proposed salary range for the wastewater treatment plant operator 1 is range 09 $32,426.94 to $39,508.82.
WHEREAS, the City Council is approving an appropriation of the additional annual sum of $5,383.66 for the funding of the wastewater treatment plant operator 1 position at the new higher salary range at F step.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
I) The foregoing recitals are true and correct and incorporated herein as if set forth in full.
2) The City Manager is hereby authorized to reclassify wastewater treatment plant operator in training to a wastewater treatment plant operator 1. 3) The City Manager is hereby authorized to raise the pay to range 09 “F” step $39,508.82 annually.
6) The City has approved an annual appropriation of $5,383.66 from the wastewater fund to fund the higher salary range for the wastewater treatment plant operator 1. 7) The City Clerk shall certify to the passage and adoption of this resolution. 8) This resolution is effective immediately.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 12th day of January 2023 by the following vote:
AYES: ________________________________
NOES:
ABSTAIN:
ABSENT: _______
ATTEST:
Francisca Alvarado, City Clerk
CITY OF MCFARLAND:
Saul Ayon, 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
401 W. Kern Avenue
McFarland, CA 93250
661-792-3091 Office
661-792-3093 Fax
City of McFarland
Wastewater, Operator in Training/ Grade I
SALARY: $15.98-$18.61 Hourly
$1,278.40-$1,488.80 Biweekly
$2,769.87-3,225.73 Monthly
OPENING DATE: 6/15/2021
CLOSING: Continuous
CAREER INFORMATION:
This is a continuous recruitment and may close at any time without notice. Please ensure all applicable supplemental materials are attached to your application.
Required Qualifications:
• Possession of a California Class C Driver’s License.
• High School Diploma, G.E.D. or equivalent
Preferred Qualifications:
• Wastewater Grade I
• Wastewater Grade II
Special Requirements: Employment standards require that applicants must:
• Not have been convicted of a felony in any State or in any Federal jurisdiction, or of any offense in any other State or Federal jurisdiction which would have been a felony if committed in this State.
• Be of good moral character.
Physical requirements:
• AGE: Minimum age of 21 by the final hire date.
JOB DESCRIPTION:
• OIT, under the direct supervision of a certified operator, incumbents perform a variety of unskilled and semi-skilled entry level tasks in the operation and maintenance of the wastewater treatment plant along with the cities collection system. Demonstrates a full understanding of all applicable policies, procedures and work methods associated with assigned duties. Incumbents are required to be on-call, work weekends and holidays on a rotational basis. • Grade I, monitors, operates, services, and maintains plant equipment, collection systems, and process to ensure proper operation, which include checking:
mechanical bar screen, channel differential pressure, oil drippers, air compressor pressure, draining condensation from air tank, oil level blowers, removing floating debris on lagoons. Performs routine maintenance on plant equipment, which includes maintain pumps and electrical motors; ensuring belts, drives and oil levels are properly adjusted, painting various equipment and structures, washing of plant equipment. Prepares and completes data sheets, logs and/ or reports, which includes compiling and calculating information and data. Inputting data into database or logbook. Collects wastewater samples and performs routine in-house testing. May assist in training of lower personal.
EXAMINATION:
• Physical ability test (Qualifying only): Will be conducted to assess each applicant’s overall ability to perform the physical requirements of the position. Candidates must pass the physical ability exam to be admitted to any further portions of the examination process. • Oral Exam (Weight 100%) Will be conducted to appraise the applicants training, education, experience, interest, and personal fitness for the position. • Applicants must attain at least a 70% score on each phase of the exam process.
BACKGROUND:(Qualifying only)
A background will be conducted prior to official start date.
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.
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CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
Mario Gonzales, Public Works Director
DATE: January 12, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0003. Approving the policy of the City of McFarland Relative to the Use of Road Undulations Speed Bumps for Traffic Speed Control on Public Streets.
SUMMARY:
Council requested staff to construct a policy and procedure for speed bump requests within the City limits of McFarland. Staff conducted research and drafted a policy and procedure for direction and possible approval of Resolution No. 2023-0003.
FINANCIAL IMPACT:
Unknown
RECOMMENDATION:
Staff recommends that the City Council discuss and possible adopt Resolution No. 2023-0000.
For policy: Road Undulations for Traffic Speed Control on Public Streets.
ATTACHMENT:
1. Policy: Road Undulations for Traffic Speed Control on Public Streets.
2. Resolution No. 2023-0003
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. 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.
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. At the end of number 9, add "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.
15. Bumps shall not be installed on streets where there are known drainage/flooding issues.
16. 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).
RESOLUTION No. 2023-0003
A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE POLICY
RELATING TO THE USE OF ROAD UNDULATIONS FOR TRAFFIC SPEED CONTROL
ON PUBLIC STREETS
WHEREAS, the City has approved the Policy of the City of McFarland Relative to the Use of Road Undulations For Traffic Speed Control on Public Streets; and WHEREAS, the City believes this policy is in the best interest of the City; and WHEREAS, the City has developed this policy in collaboration with the City Attorney; and WHEREAS, the policy will create a process for the installation of road undulations within City Limits; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of McFarland does hereby:
1.) Approve the Policy of the City of McFarland Relative to the Use of Road Undulations for Traffic Speed Control on Public Streets.
2.) Authorize the City Manager and Public Works director to utilize this policy to address any request for road undulations within City Limits.
3.) The City Clerk shall certify to the adoption of this resolution.
4.) This resolution shall take effect immediately.
I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of McFarland on the 12th day of January 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Saul Ayon, Mayor
City of McFarland, California
ATTEST:
________________________________
Francisca Alvarado, City Clerk
City of McFarland, California
1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Larry Ronk, Community Development Director
DATE: January 12, 2023
SUBJECT: To approve the recordation of Final Map for Tract No. 7393 Phase 1, located between Taylor Avenue and Garzoli Avenue contingent upon the receipt of required improvement bonds and subdivision guarantee with final certification.
SUMMARY: Leora, LLC, as sub-divider for Tract Map No. 7393 Phase 1 has submitted the Final Tract Map for City Council’s approval. The City Engineer has reviewed the final map and found it in substantial conformance with the Subdivision Map Act. The City Planner has reviewed the final map and found it in substantial compliance with the approved Tentative Map.
FISCAL IMPACT: The construction project is fully funded by developers and the sub-divider has paid the final map and recording fees.
RECOMMEND: Staff recommends that the City Council of the City of McFarland adopt the attached resolution approving the recordation of Final Map for Tract Map 7393 Phase 1, contingent upon the receipt of required improvement bonds, subdivision guarantee and improvement agreement authorizing the city clerk to endorse the final map and authorizing the City Engineer to transmit same to the county clerk’s office.
ATTACHMENTS:
Resolution No. 2023-0004
Final Map
RESOLUTION NO. 2023-0004
A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 1, CONTINGENT UPON THE RECEIPT OF
REQUIRED IMPROVEMENT BONDS, SUBDIVISION GUARANTEE AND
IMPROVEMENT AGREEMENT AUTHORIZING THE CITY CLERK TO ENDORSE THE
FINAL MAP, AND AUTHORIZING THE CITY ENGINEER TO TRANSMIT SAME TO THE COUNTY CLERK’S OFFICE.
WHEREAS, Leora, LLC, as Sub-divider, has submitted the Final Map for Tract Map No. 7393 Phase 1 in the City of McFarland; and
WHEREAS, the Tentative Tract Map No. 7393 Phase 1 was approved by the City of McFarland, subject to certain conditions; and
WHEREAS, the Sub-divider has submitted the required Final Map for Tract Map No. 7393 Phase 1 and it has been approved by the City Engineer and City Planner; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of McFarland does hereby:
1.) Approve the Final Maps for Tract Map No. 7393 Phase 1.
2.) Approve the recordation of Final Map,
3.) Authorize the City Clerk to endorse the Final Map for Tract Map 7393 Phase 1.
4.) Authorize the City Engineer to transmit the Final Map to the County Clerk’s Office for recordation.
5.) Authorize the above four items contingent upon the receipt of the required improvement bonds, subdivision guarantee with final certification, and executed improvement agreement.
I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of McFarland on the 12th day of January 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Saul Ayon, Mayor
City of McFarland, California
ATTEST:
________________________________
Francisca Alvarado, City Clerk
City of McFarland, California
SHEET 1 OF 4 SHEETS
9047
L
ICE N
S ED LA ND S URVEYOR
STAT E OF C A L I FO RN IA
MICHAEL E DAUST
R
E
ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
DECEMBER 1ST, 2021. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS
TO THE APPROVED, OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT
ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND
DATED SIGNED
CITY ENGINEER'S STATEMENT
MICHAEL E. DAUSTER, L.S. NO. 9047
MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LEORA, LLC ON
A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON
SURVEYOR'S STATEMENT
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR
INTEREST IN AND TO, THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN
UPON THE TITLE TO SAID PROPERTY MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP
AND CERTIFICATES MADE A PART HEREOF, WE ARE THE ONLY PERSONS WHOSE
CONSENT IS NECESSARY TO PASS A CLEAR TITLE AND WE CONSENT TO THE MAKING OF
SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINES AND
HEREBY OFFER FOR PUBLIC USE, ALL THE STREETS SHOWN UPON SAID MAP WITHIN SAID SUBDIVISION EXCEPT THOSE THAT WERE OBTAINED BY SEPARATE DOCUMENT.
WE ALSO HEREBY DEDICATE FOR PUBLIC USE EASEMENTS FOR PUBLIC UTILITIES
UNDER, ON OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE SIDE AND/OR FRONT LINES OF LOTS 1 THROUGH 55 DESIGNATED AS "10 FOOT PUBLIC UTILITIES EASEMENT" AS SHOWN UPON SAID MAP, WITHIN SAID SUBDIVISION.
WE ALSO HEREBY GRANT TO THE CITY OF McFARLAND, AN IRREVOCABLE OFFER OF DEDICATION OF A 10 FOOT EASEMENT FOR INGRESS, EGRESS, AND ROAD PURPOSES OVER AND ACROSS GARZOLI AVENUE (COUNTY ROAD NO. 152), AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.
WE ALSO HEREBY GRANT TO THE CITY OF McFARLAND, AN ADDITIONAL OFFER OF DEDICATION FOR A 10 FOOT WIDE PEDESTRIAN ACCESS OVER AND ACROSS LOTS 27 AND 28, AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.
THE ABOVE DESCRIBED EASEMENTS TO BE KEPT OPEN, CLEAR AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND.
FOR SUCH A TIME THAT TAYLOR AVENUE (COUNTY ROAD NO. 588) AND GARZOLI AVENUE (COUNTY ROAD NO. 152) REMAIN PUBLIC ROADS, WE ALSO HEREBY WAIVE ALL RIGHTS OF DIRECT VEHICULAR ACCESS FROM LOTS 1, 27, 28, 35, 36, 44, 45, 46, 47, 55 AND LOT "B",
SO THAT THE OWNERS OF SAID LOTS ABUTTING SAID ROADS WILL HAVE NO DIRECT
ACCESS WHATSOEVER TO SAID ROADS AND ALSO HEREBY WAIVE ALL RIGHTS OF DIRECT VEHICULAR ACCESS ALONG LOTS 28, 29, 30. 31, 32, 33, 34 AND 35 ABUTTING ADJACENT PROPERTIES NOT WITHIN OR A PART OF THIS SUBDIVISION.
LEORA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
MICHAEL F. HAIR JR., MANAGING MEMBER
IT IS HEREBY ORDERED THAT TRACT MAP NO. 7393 PHASE 1, BE, AND THE SAME IS HEREBY
APPROVED, THAT THE STREETS, ACCESS RIGHTS, AND OTHER EASEMENTS SHOWN UPON
THIS MAP ARE AND HEREON OFFERED FOR DEDICATION BE AND THE SAME ARE HEREBY
ACCEPTED FOR PUBLIC USE SUBJECT TO CONSTRUCTION OF ALL IMPROVEMENTS BY THE SUBDIVIDER AND ACCEPTANCE OF ALL IMPROVEMENTS BY THE CITY. PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, WE, THE CITY COUNCIL HEREBY WAIVES THE REQUIREMENT OF THE SIGNATURE(S) OF THE FOLLOWING:
CITY CLERKS STATEMENT
NAME NATURE OF INTEREST
PUBLIC IN GENERAL
COUNTY OF KERN
COUNTY OF KERN
COUNTY OF KERN
USA
THE CLERK OF THIS COUNCIL IS DIRECTED TO ENDORSE UPON THE FACT OF SAID MAP A
COPY OF THIS ORDER AUTHENTICATED BY THE SEAL OF THE CITY COUNCIL OF THE CITY OF McFARLAND. I HEREBY STATE THAT THE FOREGOING ORDER WAS ADOPTED BY THE CITY COUNCIL OF THE CITY OF McFARLAND AT A MEETING HELD __________________, 2022
FRANCISCA ALVARADO, CITY CLERK AND
EX-OFFICIO CLERK OF THE COUNCIL OF THE
CITY OF McFARLAND
PLANNING DIRECTOR'S STATEMENT
APPROVED BY THE PLANNING COMMISSION OF THE CITY OF McFARLAND IN ACCORDANCE
WITH THE REQUIREMENTS OF THE LAW IN A DULY AUTHORIZED MEETING HELD IN, _____________________, 2022.
BRIANAHI DE LEON
CITY PLANNING DIRECTOR
I, JUAN M. PANTOJA, HEREBY STATE THAT I EXAMINED THIS MAP, THAT THE PARCELS
AS SHOWN ARE SUBSTANTIALLY THE SAME AS THEY APPEARED ON THE TENTATIVE
MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL OF THE PROVISIONS OF DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
AND ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.
DATED SIGNED
CITY SURVEYOR'S STATEMENT
I, WILEY D. HUGHES, HEREBY STATE THAT I EXAMINED THIS MAP, THAT THE
SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS
OF LAW HAVE BEEN COMPLIED WITH, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.
JUAN M. PANTOJA
CITY OF McFARLAND - CITY ENGINEER
R.C.E. 64740 EXP. (06/30/2023)
WILEY D. HUGHES
CITY OF McFARLAND - CITY SURVEYOR
L.S. 3779 EXP. (06/30/2024)
UNITED STATES
OF AMERICA
PURPOSE: RIGHT OF WAY FOR DITCHES AND
CANALS PER BK. 9 OF PATENTS, PG. 198
SAN JOAQUIN LIGHT
AND POWER CO.
PURPOSE: FOR POLE AND WIRE LINES
PER BK. 37, PG. 404 OF AGREEMENTS
RECORDER'S STATEMENT:
BY: ____________________________
DEPUTY RECORDER
FILED THIS ____ DAY OF ______________ , 20 ______, AT ___:__.M. IN BOOK _____ OF MAPS AT PAGE _______, AT THE REQUEST OF
MICHAEL E. DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR/RECORDER
TRACT MAP NO. 7393 - PHASE 1
A NOTARY PUBLIC OR OTHER OFFICER COMPLETINGTHIS
CERTIFICATEVERIFIESONLYTHE IDENTITYOF THE INDIVIDUAL
WHO SIGNEDTHE DOCUMENTTO WHICHTHIS CERTIFICATEIS
ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR
VALIDITY OF THE DOCUMENT.
STATE OF ______________
COUNTY OF ____________
ON _______________________ BEFORE ME, ______________________________, A NOTARY PUBLIC, PERSONALLY APPEARED __________________________________, WHO PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE ___________________________
PRINTED NAME ________________________
MY COMMISSION IS IN THE COUNTY OF _________ MY COMMISSION I.D. NO. _________ MY COMMISIION EXPIRES:_______________
NOTARY'S STATEMENT
CITY OF McFARLAND PURPOSE: ROAD PURPOSES PER
PARCEL MAP 12412, PARCEL MAP
BOOK 62, PAGES 81 THRU 83.
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 12412, PARCEL MAP BOOK 62, AT PAGES 81 THRU 83, IN THE OFFICE OF THE KERN COUNTY SURVEYOR. ALSO LYING IN A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 25 EAST, M.D.B.&M IN THE INCORPORATED AREA OF THE CITY OF McFARLAND, COUNTY OF KERN, STATE OF CALIFORNIA.
55 BUILDABLE LOTS 16.86 ACRES GROSS
LOT "A" - SUMP LOT
LOT "B" - PARK SITE
PURPOSE: IRRIGATION PIPELINES
PER BK. 1978, PG. 275, O.R.
PURPOSE: COUNTY ROAD NO. 152 PER
COUNTY BOARD OF SUPERVISORS MIN.
BK. VOL. 7, PG. 299
PURPOSE: COUNTY ROAD NO. 588 PER
COUNTY BOARD OF SUPERVISORS MIN.
BK. VOL. 23, PG. 176
PURPOSE: 15 FOOT AND 30 FOOT
ROADWAY PURPOSES PER PARCEL MAP
NO. 10234 BK. 47 OF PARCEL MAPS AT PG.
134, O.R.
2639.43'
N89°40'56"W 2643.09' 2634.47' N00°54'03"E 1319.70' 1317.23'
SOUTHEAST CORNER SECTION
14-26/25 FOUND 6" CONC.
MONUMENT MARKED FOR
CORNER PER FILED MAP
7-1, BK. 8, PG.55
PARCEL 1 OF PARCEL MAP
WAIVER NO. 471
PER CERTIFICATE OF
COMPLIANCE
BK. 5631, PG. 2173, O.R.
PARCEL 1 OF PARCEL MAP
NO. 11088
PARCEL MAP BK. 53, PG.'S
120-121
W/2 OF THE E/2 OF
THE SW/4 OF THE SE/4
OF SECTION 14, T.26S.,
R.25E., M.D.B.&M.
N89°44'08"W 2644.50'
N00°57'39"E 5278.32'
N89°41'00"W 2642.78' R2 2634.47' R1 N00°54'03"E
N89°44'08"W 2644.50' R1
N00°57'39"E 5278.32' R1 2639.43' R1 1319.70' R1 1317.23' R1 W/2 OF THE SW/4 OF
THE SE/4 OF SECTION
14, T.26S., R.25E.,
M.D.B.&M.
C HANNAWALT AVENUE
(COUNTY RD. NO. 325)
L 2634.19' R3 N00°54'23"E 2634.27' R4 N00°54'23"E 1317.09' R3 N89°44'17"W 2644.01' R3 1319.63' R3 N00°57'32"E 5278.07' R3 2639.26' R3 N89°40'56"W 2643.09' R1
N89°41'00"W 2642.78' R3
N89°44'17"W 2644.10' R4
N00°57'49"E 2638.91'
2642.14'
2641.68'
N00°57'39"E 2638.91' R1
2641.68' R1
2642.14' R1 N00°57'32"E 2638.81' R3
2641.98' R3
2641.55' R2
2641.55' R3
S89°37'43"E
S89°37'43"E
N89°37'43"W
N89°37'43"W
N00°54'14"E 514.48' 235.22'
N89°22'30"W
231.71' R1
232.78' R1 234.18' N00°38'24"E N00°38'22"E 234.18' R1 & R2 N89°22'28"W 231.68' R2 & R3 235.22' R1 N00°54'23"E 514.51' R2 N00°54'14"E 514.48' R1 N00°54'23"E 513.89' R3 232.78' R3 S00°22'15"W 235.22' R3 269.32'
S89°37'45"E
270.90' S00°22'15"W 269.32' R1
S89°37'45"E
270.90' R1
S00°22'15"W 1049.12' R1 S00°22'15"W 1049.12' 240.64'
1012.03'
1012.03' R1
235.04'
N00°57'39"E 1319.72'
N00°57'32"E 1319.62' R2
235.04' R1
N00°57'39"E 1319.72' R1
N00°57'32"E 1319.63' R3
235.01' R2
1296.52' R1
1296.52' 1111.53'
1111.53' R1
2408.05'
2407.77' R2
PARCEL 2
PARCEL MAP No. 12412
P.M. BK. 62, PG.'S 81 - 83 512.09' 512.09' R3 512.09' R2 512.09' R1 EAST QUARTER CORNER SECTION 14 26/25
FOUND K.C.S.CM. MARKED FOR CORNER PER
FILED MAP 7-1, BK. 8, PG.55
CENTER QUARTER CORNER
SECTION 14, T26S, R25E,
ESTABLISHED BY INTERSECTION
20' 45' 25'
231.71'
N89°22'30"W
1396.87' 1396.87' R1 232.78'
NOTES
1. THE OWNER'S STATEMENT IS SHOWN ON SHEET 1.
2. ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
3. THE DISTINCTIVE BORDER INDICATES THE BOUNDARY OF LAND SUBDIVIDED BY THIS MAP.
4. SEE SHEETS 3 AND 4 FOR TRACT 7393 PHASE 1 MONUMENTATION TO BE SET LOCATIONS AND ROADWAY WIDTHS NOT SHOWN ON THIS SHEET.
SHEET 2 OF 4 SHEETS
HORIZON DRIVE GARZA ALMOND WAY WOODS STREET SUNSET STREET WEST QUARTER CORNER SECTION 14, T26S, R25E, FOUND 4" SQUARE CONC. MON. NO TAG PER FILED MAP 7-1, FILED MAP BOOK 8, PAGE 55 NORTH QUARTER CORNER SECTION 14, T26S, R25E
FOUND 2" IRON PIPE MARKED FOR CORNER PER FILED
MAP 7-1, BK. 8, PG. 55 569.93' N00°54'03"E
N00°54'03"E 569.93' R1
N00°54'23"E 569.78' R2
C GARZOLI AVENUE (COUNTY RD. NO. 152)
L
S89°05'57"E 235.00'
S89°05'37"E 235.00' R1
C TAYLOR AVENUE
(COUNTY RD. NO. 588)
L
LOT "B"
PARK SITE
LOT "A"
SUMP LOT
N00°54'23"E 569.78' R3
5283.82'
5283.82' R1
5283.53' R3
SEE SHEET 3
SEE SHEET 4
COUNTY ROAD EASEMENT FOR GARZOLI AVENUE
(COUNTY RD. NO. 152) PER COUNTY BOARD OF
SUPERVISORS MIN. BK. VOL. 7, PG. 299
5 1
2 30' WIDE PUBLIC ACCESS EASEMENT PER PARCEL MAP
10234, BK. 47 OF PARCEL MAPS AT PAGE 134, O.R.
3 20' WIDE COUNTY ROAD EASEMENT FOR TAYLOR
AVENUE (COUNTY RD. NO. 588) PER COUNTY BOARD
OF SUPERVISORS MIN. BK. VOL. 23, PG. 176
4 15' WIDE IRREVOCABLE OFFER OF DEDICATION PER
PARCEL MAP 10234, PARCEL MAP BK. 47, PG. 134
5 25' WIDE OFFER OF DEDICATION PER P.M. No.
12412, PARCEL MAP BK. 62, PG.'S 81 - 83
6 EASEMENT/DEDICATION LABEL DESCRIPTION:
1 1
APPROXIMATE LOCATION OF AN EASEMENT OVER SAID
LAND FOR ELECTRICAL FACILITIES AND INCIDENTAL
PURPOSES, AS GRANTED TO PACIFIC GAS AND ELECTRIC
COMPANY, IN DEED RECORDED SEPTEMBER 25, 2000, IN
INSTRUMENT NO. 0200119170, O.R.
2 4
3 6
S89°05'37"E 235.00' R2
RECORDER'S STATEMENT:
BY: ____________________________
DEPUTY RECORDER
FILED THIS ____ DAY OF ______________ , 20 ______, AT ___:__.M. IN BOOK _____ OF MAPS AT PAGE _______, AT THE REQUEST OF
MICHAEL E. DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR/RECORDER COURT
O.R. - OFFICIAL RECORDS
P.M. - PARCEL MAP
K.C.S. - KERN COUNTY SURVEYOR
= FOUND MONUMENT AS DESCRIBED
K.C.S.C.M - KERN COUNTY SURVEYOR'S CONCRETE MONUMENT
K.C.S.F.M. - KERN COUNTY SURVEYOR'S FILED MAP
L.S. - LAND SURVEYOR
BK./PG. - BOOK/PAGE
(RAD.) - RADIAL BEARING
= SET 6" CONCRETE MONUMENT WITH BRASS CAP
P.M. - PARCEL MAP
LEGEND AND ABBREVIATIONS
I.P. - IRON PIPE
= DISTINCTIVE BORDER
R2 = RECORD PER LOT LINE ADJUSTMENT NO.
05-06 PER CERTIFICATE OF COMPLIANCE
RECORDED IN DOCUMENT #0206267032, O.R.
R4 = RECORD PER FILED MAP 7-1, FILED MAP BK. 8, PG. 55
IN THE OFFICE OF THE KERN COUNTY SURVEYOR
R3 = RECORD PER P.M. NO. 10234, P.M. BK. 47, PG.S 134-135 R1 = RECORD PER P.M. NO. 12412, P.M. BK. 62, PG.S 81 - 83 = 10' WIDE PUBLIC UTILITY EASEMENT
= WAIVER OF VEHICULAR ACCESS
A
MARKED L.S. 9047
= 2" IRON PIPE TAGGED L.S. 9047 SET BY P.M. NO. 12412
P.M. BK. 62, PG.S 80 - 83
= SET 2" IRON PIPE TAGGED L.S. 9047
PARCEL A
LLA 05-06
DOCUMENT
#0206267032,
O.R.
= CITY/COUNTY LIMIT LINE
0 1 INCH = 200 FEET
200 100 200
TRACT MAP NO. 7393 - PHASE 1
UNPLOTTABLE EASMENT
1. EASEMENT CONTAINED IN THE DOCUMENT ENTITLED "CONTRACT AND GRANT OF EASEMENT" RECORDED SEPTEMBER 2, 1952 IN BOOK 1978, PAGE 275 OF OFFICIAL RECORDS. LOCATED IN THE NORTHERLY 50' OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, T.26S., R.25E., M.D.B.&M. BEING A 20' STRIP OF LAND LYING 10' ON EACH SIDE OF AN IRRIGATION LINE CANNOT BE PLOTTED FROM RECORD DOCUMENT.
"BASIS OF BEARINGS"
BASIS OF BEARINGS
THE BEARING OF SOUTH 89°37'43"EAST AS SHOWN FOR THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14,
T.26S., R.25E., M.D.B. & M. PER PARCEL MAP NO. 10234, FILED IN BOOK 47 OF PARCEL MAPS AT PAGES 134 AND 135, WAS
USED AS THE BASIS OF BEARINGS FOR THIS MAP.
TRACT 7393
PHASE - 1
16.86 AC GROSS
15.05 AC NET
DESIGNATED REMAINDER
21.71 AC GR - 21.43 AC NET
10' WIDE IRREVOCABLE OFFER
OF DEDICATION PER THIS MAP
"CITY OF McFARLAND"
"COUNTY OF KERN" MID-SECTION LINE
SECTION LINE
SECTION LINE
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 12412, PARCEL MAP BOOK 62, AT PAGES 81 THRU 83, IN THE OFFICE OF THE KERN COUNTY SURVEYOR. ALSO LYING IN A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 25 EAST, M.D.B.&M IN THE INCORPORATED AREA OF THE CITY OF McFARLAND, COUNTY OF KERN, STATE OF CALIFORNIA.
55 BUILDABLE LOTS 16.86 ACRES GROSS
LOT "A" - SUMP LOT
LOT "B" - PARK SITE
MID-SECTION LINE
"CITY OF McFARLAND" S89°37'43"E
S89°37'43"E
S89°37'43"E
"COUNTY OF KERN"
"COUNTY OF KERN"
"CITY OF McFARLAND"
SOUTH QUARTER CORNER
SECTION 14 26/25 FOUND 2" IRON
PIPE MARKED FOR CORNER PER
FILED MAP 7-1, BK. 8, PG.55
ALMOND WAY GARZA COURT
280.00' 149.63' 65.00' 50.00' 60.00'
19.65' N00° 22' 17"E324.63' 464.98'
30' 30'
30' 30'
30' 30'
30' 30'
30' 30' 30' 30' 30' 30'
30' 30' SUNSET STREET WOODS STREET
LOT "A"
SUMP LOT
1.39 ACRES
LOT "B"
PARK SITE
2.08 ACRES
APN:
060-090-08
HORIZON DRIVE 240.66' 294.44' S00°38'22"E 234.18' R1
S89°22'30"E 231.71' R1294.68' 130.00' 79.63' 60.00' 60.00' 60.00' 65.00'
90.00' 45.00' 60.00' 60.00' 60.00' 59.63'
90.00'
90.00' 50.00' 50.00' 45.00'
90.00' 90.00' 65.00' 60.00' 60.00' 60.00' 50.00' 149.63'
90.00' 72.98' 66.65' 45.00' 60.00' 60.00' 66.65' 52.98' 45.00' 70.45' 60.00' 60.00' 49.18' 69.18' 60.00'
55.00'
50.00' 50.05' 60.00' 53.80' 55.00' 65.00' 50.00' 50.00' 50.00'
60.00' 45.00' 45.00' 50.00' 50.00' 50.00' 50.00' 45.00' 60.00' 60.00' 50.00' 50.00' 60.00' 60.00' 60.00' 50.00' 140.00' 140.00'
65.00' 60.00' 60.00' 50.00' 50.00' 60.00' 60.00' 60.00' 50.00' 60.00' 65.00' 50.00' 50.00' 60.00' 60.00' 60.00' 60.00' 60.00' 64.98'
90.00' 44.98' 60.00' 60.00' 60.00' 60.00' 60.00' 50.00' 50.00' 280.00' 164.68' 130.00'
250.90'
410.90' 840.00' 145.97' 70.45' 65.00'
56.70' 60.00' 60.00'
44.07'
91.57' 57.50' 204.32'
L1
L2 L1
L2
L1
L1
L2
L2
L1
L1
L2
C16
C15
C14 C13
C12
C11
C3 C2
C1
C6
C5
C4
C8
C7
C9 C10
140.00' 140.00' 250.06' 560.00'
C9
C9 L4L4
L1
C10
C9
S89°37'43"E 340.90'N 00°22'15"E 224.32'
S89°37'45"E 270.90' N00°22'17"E 464.63'
S89°37'43"E 460.00' S89°37'43"E 180.00' S89°37'43"E149.07' N00°22'17"E 284.63' N00°22'17"E 324.63' N 00°22'17"E 324.63' N 00°22'17"E 284.63' S89°37'43"E 600.00' S89°37'43"E 289.07' N 00°22'17"E 284.63' N 00°22'17"E 399.63' N 00°22'17"E 204.61' S00°22'17" W130.00' S89°37'43"E 740.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' N00°22'17"E 100.00' S00°22'17"W 100.00' S00°22'17"W 100.00' S42°39'13"E 155.18' (RAD.) N00°22'17"E 100.00' (RAD.) N43°23'47"E 155.18' (RAD.)
S89°37'43"E
90.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
90.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
110.00'
S89°37'43"E
115.43'
S89°37'43"E
115.15'
114.87'
111.57'
S89°37'43"E
111.57' S00°22'17"W 100.00' S00°22'17"W 100.00' S00°22'17"W 100.00' S00°22'17"W 100.00' S00°22'17"W 100.00' 99.27' S00°22'17"W 82.30' S00°22'17"W 135.07' S00°22'17"W 116.28' 231.71'
S89°37'43"E
95.76'
S89°37'43"E 1243.85' 80.00' 80.00' 80.00'
S89°22'30"E
S00°38'22"E 234.18' N00°22'17"E 529.63'
S89°37'45"E 270.90' R1
L2
L1
S89°37'43"E 1090.06' 30' 30'
R11
R13
R12
R10
R4
R7
R3
R2 70.45' 135.45' S00°22'17"W
L5 L5
R6
R1
S00°22'15"W 1049.12' R1 S00°22'15"W 1049.12' S00°22'17"W R5
R8
R9
R14 60.00'
1 6,947 SF
2 6,600 SF
3 6,600 SF
4 4
6,600 SF
5 6,600 SF
6 6,600 SF
7 5,500 SF
8 5,500 SF
9 6,300 10 6,000 11
6,000 12
5,000 13
5,000 14
6,000 15
6,000 16 6,000
17 5,000
18 6,000
19 6,300 SF SF SF SF SF SF SF SF SF SF SF
51 6,950 SF
52 6,600 SF
53 6,600 SF
54 6,600 SF
55 8,559 SF
46 9,561 SF
47 9,442 SF
48 6,019 SF
49 5,500 SF
50 6,950 SF
41 6,950 SF
42 5,500 SF
43 6,019 SF
44 9,441 SF
45 9,561 SF
36 7,827 SF
37 7,331 SF
38 6,600 SF
39 6,600 SF
40 6,950 SF
33 6,900 SF
34 6,917 SF
35 7,796 SF
28 8,370
29 7,305
SF
30 8,119
SF
31 7,052 SF
32 7,860 SF 45.00'
20 6,300
21 5,000
22 5,000
23 5,000
24 5,000
SF SF SF SF SF
25 5,004
SF
26 5,140
SF
27 5,847
SF
L9 S00°22'17"W 189.18'
176.70' N00°22'17"E N00°22'17"E
N89°22'28"W 231.68' R2
N89°22'28"W 231.68' R3
N00°38'24"E 234.18' R2N00°38'24"E 234.18' R3
S00°22'15"W 1273.44'
56 SF
SHEET 3 OF 4 SHEETS
RECORDER'S STATEMENT:
BY: ____________________________
DEPUTY RECORDER
FILED THIS ____ DAY OF ______________ , 20 ______, AT ___:__.M. IN BOOK _____ OF MAPS AT PAGE _______, AT THE REQUEST OF
MICHAEL E. DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR/RECORDER
NOTES
1. THE OWNER'S STATEMENT IS SHOWN ON SHEET 1.
2. ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
3. THE DISTINCTIVE BORDER INDICATES THE BOUNDARY OF LAND SUBDIVIDED BY THIS MAP.
4. SEE SHEET 4 FOR LINE, CURVE AND RADIAL TABLES.
1396.87'
1012.03'
SEE SHEET 4
2641.68'
2641.68' R1
2641.55' R2
2641.55' R3
S89°37'43"E
S89°37'43"E
N89°37'43"W
N89°37'43"W
A A
A
A
A
A
A
A
C TAYLOR AVENUE
(COUNTY RD. NO. 588)
L EAST QUARTER CORNER SECTION 14-26/25
FOUND K.C.S.CM. MARKED FOR CORNER
PER FILED MAP 7-1, BK. 8, PG.55
CENTER QUARTER CORNER
SECTION 14, T26S, R25E,
ESTABLISHED BY
INTERSECTION 20' 25'
1012.03' R1
232.78' R1 235.22' R3 235.22' R1 235.22'
20' WIDE COUNTY ROAD ESMT. FOR
TAYLOR AVENUE (COUNTY RD. NO.
588) PER COUNTY BOARD OF
SUPERVISORS MIN. BK. VOL. 23,
PG. 176
COUNTY ROAD ESMT.
FOR GARZOLI AVENUE
(COUNTY RD. NO. 152)
PER COUNTY BOARD OF
SUPERVISORS PER MIN.
BK. VOL. 7, PG. 299
A 20' 25' 20'
SEE DETAIL "A" THIS SHEET
19.65' 110.00'
45'
10' WIDE
IRREVOCABLE
OFFER OF
DEDICATION
PER THIS MAP
30'
25' WIDE OFFER OF DEDICATION
PER P.M. No. 12412, P.M. BK. 62,
PG.'S 81 - 83
PARCEL 2
P.M. No. 12412
P.M. BK. 62, PG.'S 81 - 83
30' WIDE PUBLIC
ACCESS ESMT. AND 15'
WIDE IRREVOCABLE
OFFER OF DEDICATION
PER P.M. NO. 10234,
P.M. BK. 47, PG. 134
S89°37'43"E 1243.85'
1188.85' 2634.47' N00°54'03"E 2634.47' R1 N00°54'03"E 2634.19' R3 N00°54'23"E 2634.27' R4 N00°54'23"E 569.93' N00°54'03"E N00°54'03"E 569.93' R1 N00°54'23"E 569.78' R2 N00°54'23"E 569.78' R3 111.57'
S89°22'30"E
231.71'
3.30'
56.70'
DETAIL "A"
SCALE: 1"=20'
30 33
32 30' C GARZOLI AVENUE (COUNTY RD. NO. 152)
L
55' 10' L3 294.68' N00°54'03"E 5' 5'
27 5,986 SF
28 8,370 SF
DETAIL "B"
SCALE: 1"=10'
C4
C5
10' WIDE ADDITIONAL OFFER OF
DEDICATION FOR PEDESTRIAN ACCESS
PER THIS MAP
SEE DETAIL "B" THIS SHEET
L6
L8 C10 L7 C17 C17
R16
R15
(RAD.)
S89°37'43"E
114.87'
= DISTINCTIVE BORDER
R2 = RECORD PER LOT LINE ADJUSTMENT NO. 05-06
PER CERTIFICATE OF COMPLIANCE RECORDED IN
DOCUMENT #0206267032, O.R.
R4 = RECORD PER FILED MAP 7-1, FILED MAP BK. 8, PG.
55 IN THE OFFICE OF THE KERN COUNTY SURVEYOR
R3 = RECORD PER P.M. NO. 10234, P.M. BK. 47, PG.S 134-135 R1 = RECORD PER P.M. NO. 12412, P.M. BK. 62, PG.S 81 - 83 = 10' WIDE PUBLIC UTILITY EASEMENT
= WAIVER OF VEHICULAR ACCESS
A
= 2" IRON PIPE TAGGED L.S. 9047 SET BY P.M. NO. 12412
P.M. BK. 62, PG.S 80 - 83
O.R. - OFFICIAL RECORDS = SET 2" IRON PIPE TAGGED L.S. 9047 P.M. - PARCEL MAP
K.C.S. - KERN COUNTY SURVEYOR
= FOUND MONUMENT AS DESCRIBED
K.C.S.C.M - KERN COUNTY SURVEYOR'S CONCRETE MONUMENT
K.C.S.F.M. - KERN COUNTY SURVEYOR'S FILED MAP
L.S. - LAND SURVEYOR
BK./PG. - BOOK/PAGE
(RAD.) - RADIAL BEARING
= SET 6" CONCRETE MONUMENT WITH BRASS CAP
P.M. - PARCEL MAP
LEGEND AND ABBREVIATIONS
I.P. - IRON PIPE
MARKED L.S. 9047 = CITY/COUNTY LIMIT LINE 45' 45'
1376.66'
BASIS OF BEARINGS
THE BEARING OF SOUTH 89°37'43"EAST AS SHOWN FOR THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14,
T.26S., R.25E., M.D.B. & M. PER PARCEL MAP NO. 10234, FILED IN BOOK 47 OF PARCEL MAPS AT PAGES 134 AND 135, WAS
USED AS THE BASIS OF BEARINGS FOR THIS MAP.
0 1 INCH = 80 FEET
80 40 80
TRACT MAP NO. 7393 - PHASE 1
"BASIS OF BEARINGS"
DETAIL NOTE:
SEE SHEET 4 FOR LINE, CURVE
AND RADIAL TABLES. 569.66' N 00°22'15"E 269.32' N 00°22'15"E 269.32' R1 224.32'
UNPLOTTABLE EASMENT
1. ESMT. CONTAINED IN THE DOCUMENT ENTITLED "CONTRACT AND GRANT OF ESMT." RECORDED SEPTEMBER 2, 1952 IN BOOK 1978, PAGE 275 OF OFFICIAL RECORDS. LOCATED IN THE NORTHERLY 50' OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, T.26S., R.25E., M.D.B.&M.
BEING A 20' STRIP OF LAND LYING 10' ON EACH SIDE OF A IRRIGATION LINE CANNOT BE PLOTTED FROM RECORD DOCUMENT.
"CITY OF McFARLAND"
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 12412, PARCEL MAP BOOK 62, AT PAGES 81 THRU 83, IN THE OFFICE OF THE KERN COUNTY SURVEYOR. ALSO LYING IN A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 25 EAST, M.D.B.&M IN THE INCORPORATED AREA OF THE CITY OF McFARLAND, COUNTY OF KERN, STATE OF CALIFORNIA.
55 BUILDABLE LOTS 16.86 ACRES GROSS
LOT "A" - SUMP LOT
LOT "B" - PARK SITE
"CITY OF McFARLAND"
232.78'
640.00' 808.46'
S89°05'57"E 235.00' R1
S89°05'57"E 235.00' R2
S00°54'23"E 513.89' R3 S00°54'23"E 514.51' R2 S00°54'14"E 514.48' R1 235.04' R1
235.01' R2
1111.53'
1111.53' R1
190.00'
235.04'
1346.57' 512.09' 512.09' R1 512.09' R2 512.09' R3
30' 30' S89°37'43"E
110.00'
428.85'
S89°05'57"E 235.00'
N00°54'14"E 514.48' 275.49'
SHEET 4 OF 4 SHEETS
RECORDER'S STATEMENT:
BY: ____________________________
DEPUTY RECORDER
FILED THIS ____ DAY OF ______________ , 20 ______, AT ___:__.M. IN BOOK _____ OF MAPS AT PAGE _______, AT THE REQUEST OF
MICHAEL E. DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR/RECORDER
NOTES
1. THE OWNER'S STATEMENT IS SHOWN ON SHEET 1.
2. ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
3. THE DISTINCTIVE BORDER INDICATES THE BOUNDARY OF LAND SUBDIVIDED BY THIS MAP.
PARCEL A
OF LLA 05-06
PER DOCUMENT
#0206267032, O.R.
N89°40'56"W 2643.09'
N89°41'00"W 2642.78' R2
N89°40'56"W 2643.09' R1
N89°41'00"W 2642.78' R3
30'
30'
45'
45'
COUNTY ROAD EASEMENT FOR GARZOLI AVENUE
(COUNTY RD. NO. 152) PER COUNTY BOARD OF
SUPERVISORS PER MIN. BK. VOL. 7, PG. 299
15' WIDE IRREVOCABLE OFFER
OF DEDICATION PER PARCEL
MAP 10234, PARCEL MAP
BK. 47, PG. 134
APPROXIMATE LOCATION OF AN EASEMENT OVER SAID LAND
FOR ELECTRICAL FACILITIES AND INCIDENTAL PURPOSES,
AS GRANTED TO PACIFIC GAS AND ELECTRIC COMPANY, IN DEED RECORDED SEPTEMBER 25, 2000, IN INSTRUMENT NO. 0200119170, O.R.
PARCEL 1 OF PARCEL MAP WAIVER NO. 471
PER CERTIFICATE OF COMPLIANCE
BK. 5631, PG. 2173, O.R.
PARCEL 1 OF PARCEL MAP NO. 11088
PARCEL MAP BK. 53, PG.'S 120-121 2634.47' N00°54'03"E 2634.47' R1 N00°54'03"E 2634.19' R3 N00°54'23"E 2634.27' R4 N00°54'23"E 569.93' N00°54'03"E N00°54'03"E 569.93' R1 N00°54'23"E 569.78' R2 N00°54'23"E 569.78' R3 SOUTHEAST CORNER SECTION 14-26/25 FOUND 6" CONC.
MONUMENT MARKED FOR CORNER PER FILED MAP 7-1, BK. 8, PG.551317.09' R3 1317.23' R1 1317.23' C GARZOLI AVENUE (COUNTY RD. NO. 152)
L
SEE SHEET 3
S89°37'43"E 1243.85'
1188.85'
O.R. - OFFICIAL RECORDS
P.M. - PARCEL MAP
K.C.S. - KERN COUNTY SURVEYOR
= FOUND MONUMENT AS DESCRIBED
K.C.S.C.M - KERN COUNTY SURVEYOR'S CONCRETE MONUMENT
K.C.S.F.M. - KERN COUNTY SURVEYOR'S FILED MAP
L.S. - LAND SURVEYOR
BK./PG. - BOOK/PAGE
(RAD.) - RADIAL BEARING
= SET 6" CONCRETE MONUMENT WITH BRASS CAP
P.M. - PARCEL MAP
LEGEND AND ABBREVIATIONS
I.P. - IRON PIPE
= DISTINCTIVE BORDER
R2 = RECORD PER LOT LINE ADJUSTMENT NO.
05-06 PER CERTIFICATE OF COMPLIANCE
RECORDED IN DOCUMENT #0206267032, O.R.
R4 = RECORD PER FILED MAP 7-1, FILED MAP BK. 8, PG. 55
IN THE OFFICE OF THE KERN COUNTY SURVEYOR
R3 = RECORD PER P.M. NO. 10234, P.M. BK. 47, PG.S 134-135 R1 = RECORD PER P.M. NO. 12412, P.M. BK. 62, PG.S 81-83 = 10' WIDE PUBLIC UTILITY EASEMENT
= WAIVER OF VEHICULAR ACCESS
A
MARKED L.S. 9047
"COUNTY OF KERN"
"CITY OF McFARLAND"
30' WIDE PUBLIC ACCESS ESMT. AND 15' WIDE
IRREVOCABLE OFFER OF DEDICATION PER
P.M. NO. 10234, P.M. BK. 47, PG. 134
= 2" IRON PIPE TAGGED L.S. 9047 SET BY P.M. NO. 12412
P.M. BK. 62, PG.S 80 - 83
= SET 2" IRON PIPE TAGGED L.S. 9047
= CITY/COUNTY LIMITS LINE
19.65'
S00°22'15"W 1049.12' R1
S00°22'15"W 1049.12'
0 1 INCH = 80 FEET
80 40 80
TRACT MAP NO. 7393 - PHASE 1
CURVE TABLE
CURVELENGTHRADIUS TANGENT DELTA
LINE TABLE
LINE BEARING LENGTH
L1 S45°22'17"W 28.28
L2 N44°37'43"W 28.28
L3 S89°37'43"E 20.00
L4 N00°22'17"E 103.64
L5 8.64
L6 S89°37'43"E 20.29
L7 S00°54'03"W 10.00
L8 N89°37'43"W 20.20
RADIAL BEARING
RADIAL TABLE
C1
C2
C3
C4
37.75 50.00 19.83 43°15'26"
C5
40.62 50.00 21.51 46°33'04"
C6
37.55 50.00 19.71 43°01'30"
C7
37.55 50.00 19.71 43°01'30"
C8
40.62 50.00 21.51 46°33'04"
C9
37.75 50.00 19.83 43°15'26"
C10
C16
C11
231.84 50.00 53.93 265°40'00"
C12
18.69 25.00 9.81 42°50'00"
C13
2.51 25.00 1.26 05°44'57"
C14
16.18 25.00 8.39 37°05'03"
C15
66.92 50.00 39.55 76°41'10"
63.31 50.00 36.70 72°33'10"
52.60 50.00 29.03 60°16'50"
12.65 25.00 6.46 28°59'25"
6.04 25.00 3.03 13°50'35"
49.00 50.00 26.67 56°08'50"
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R13
N14°12'52"E
R14
S43°12'17"W
S00°22'17"W
R15
S17°04'33"E
N13°41'07"E
N42°27'43"W
N05°22'40"W
S00°22'17"W
S89°37'43"E
N46°47'43"W
N89°56'51"E
N89°12'17"W
S47°32'17"W
S89°37'43"E
C17 5.01 50.00 2.51 05°44'21"
R16
N83°53'22"W
N84°37'56"E
N00°22'17"E
L9 S89°37'43"E 20.00 569.66'
UNPLOTTABLE EASMENT
1. EASEMENT CONTAINED IN THE DOCUMENT ENTITLED "CONTRACT AND GRANT OF EASEMENT" RECORDED SEPTEMBER 2, 1952 IN BOOK 1978, PAGE 275 OF OFFICIAL RECORDS. LOCATED IN THE NORTHERLY 50' OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, T.26S., R.25E., M.D.B.&M. BEING A 20' STRIP OF LAND LYING 10' ON EACH SIDE OF A IRRIGATION LINE CANNOT BE PLOTTED FROM RECORD DOCUMENT.
S00°22'15"W 1273.44'
BASIS OF BEARINGS
THE BEARING OF SOUTH 89°37'43"EAST AS SHOWN FOR THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14, T.26S., R.25E., M.D.B. & M. PER PARCEL MAP NO. 10234, FILED IN BOOK 47 OF PARCEL MAPS AT PAGES 134 AND 135, WAS USED AS THE BASIS OF BEARINGS FOR THIS MAP.
N89°44'17"W 2644.10' R4
DESIGNATED REMAINDER
21.71 AC GR - 21.43 AC NET 275.07'
1198.85'
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 12412, PARCEL MAP BOOK 62, AT PAGES 81 THRU 83, IN THE OFFICE OF THE KERN COUNTY SURVEYOR. ALSO LYING IN A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 25 EAST, M.D.B.&M IN THE INCORPORATED AREA OF THE CITY OF McFARLAND, COUNTY OF KERN, STATE OF CALIFORNIA.
55 BUILDABLE LOTS 16.86 ACRES GROSS
LOT "A" - SUMP LOT
LOT "B" - PARK SITE
N00°22'17"E
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
Larry A Ronk III, Community Development Director
DATE: January 12, 2023
SUBJECT: Report, Discussion, and First Reading of Ordinance for approval of Improvement Agreement Between the City of McFarland and LeOra LLC.
SUMMARY:
The parcel is located across Horizon Elementary at the Southwest corner of Taylor Avenue and Garzoli Avenue. The Development Agreement was approved on September 16, 2022. The agreement contains all conditions of approvals. This new improvement agreement creates the conditions for Phase 1 improvements. This agreement will contain not only conditions, but also the security and bond information for all improvements necessary to be completed within a 1- year period.
The approval of Improvement Agreement will allow the developer to move forward and start the improvements to the location of the subdivision. The developer’s goal is to finish and begin the housing development by early January.
RECOMMENDATION:
Staff recommends City Council to bring Improvement Agreement Between City of McFarland and LeOra LLC to next council meeting for Possible Approval.
FISCAL IMPACT:
All fees covered by Development.
Attachments:
Improvement Agreement
Resolution No. 2023-0005
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of McFarland
Attn: Community Development Director
401 W Kern Avenue
McFarland, CA 93250
NO FEE REQUIRED PURSUANT TO:
Government Code Sections 6103 and 27383
[Space above this line for Recorder’s Use Only]
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION REFERENCE DATA
FINAL TRACT MAP NO. 22-002 (“Final Map” herein)
BASED ON VESTING TENTATIVE TRACT MAP NO. 7393
NAME OR TRACT NUMBER OF
SUBDIVISION:
TRACT 7393
(“Subdivision” herein)
LEGAL DESCRIPTION OF
PROPERTY:
See Exhibit A — Legal Description of Property (the
“Property” herein) located at 060-090-29
NAME AND ADDRESS OF
SUBDIVIDER:
Leora, LLC
6501 Fruitvale Avenue
Bakersfield CA 93308
CITY COUNCIL RESOLUTION
OF APPROVAL NO.:
Resolution No. 2023-0005 (“Resolution of Approval”
herein)
IMPROVEMENT PLANS:
Tract 7393 Grading Plan
Tract 7393 Sewer / Storm Drain Plans
Tract 7393 Street Improvements Plans
Tract 7393 Water Plans
(hereinafter “Improvement Plans,” which include all
Subdivision specifications.)
IMPROVEMENTS: See Exhibit B — Schedule of Improvements and Section 1.A below
ESTIMATED TOTAL COSTS OF
IMPROVEMENTS:
PERFORMANCE
PAYMENT
WARRANTY
$1,217,853
$1,217,853_________
$1,217,853
(hereinafter “Estimated Total Costs”)
FORM OF IMPROVEMENT
SECURITY:
[x] Surety
Bonds
[ ] Deposit of Money
[ ] Other: ________________
NAME AND ADDRESS OF
SURETY:
Merchants Bonding Company (Mutual)
6700 Westown Pkwy, Wes Des Moines, IA 50266
SURETY BOND NUMBERS:
EFFECTIVE DATE OF
AGREEMENT:
COMPLETION PERIOD:
CAC 722262
12-6-2022
All Improvements of Subdivision shall be completed
within one year from the Effective Date of the
Agreement (hereinafter, “Completion Period”).
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of McFarland, a California municipal corporation (the “City”), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.
RECITALS
A. Subdivider has presented to the City for approval and recordation the Final Map for Phase 1 of the Subdivision, as identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City’s ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the “Subdivision Laws”).
B. A vesting tentative tract map of the Subdivision was previously approved by the City, subject to the Subdivision Laws and to the City’s standard requirements and conditions of approval contained in the City Council’s Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.
C. In connection with approval of Tract 7393, the City also approved the Development Agreement, dated September 16th, 2021 by and between the City and Subdivider, recorded on November 3, 2021 as Document No. 221207446 in the Official Records of the County of Kern (“Development Agreement”).
D. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the City Council’s Resolution of Approval and either (i) complete, in compliance with City standards, all of the Improvements and land development work required by the Subdivision Laws and the City Council’s Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the Improvements and land development work within a period of time specified by the City.
E. In consideration of approval of the Final Map for the Subdivision by the City Council, the Subdivider desires to enter into this Agreement whereby the Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. The Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City, as set forth herein.
F. Improvement Plans, as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Exhibit B hereto, have been prepared by the Subdivider, approved by the Director of Public Works or his/her designee (the “Director”), and are on file in the office of the Director. Said Improvement Plans are incorporated herein by this reference.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, the Subdivider and the City agree as follows:
-2-
1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, the Development Agreement, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more specifically described in the tentative map and in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).
B. To the extent necessary to construct the Improvements, as determined by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider’s obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Subdivider and the City.
C. Subject to any time extensions granted in accordance with Section 6 of this Agreement, the Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data.
D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City’s acceptance of all other Improvements pursuant to Section 4 of this Agreement. As used herein, “monumentation” shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes for said points.
E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the Director.
F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the expiration of the required one-year guarantee and warranty period as specified herein. Neither the City, nor its officers, officials, employees, agents or volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.
G. In addition to and separate from: (i) the indemnity obligations contained in Section 9 of this Agreement; (ii) the care, repair and maintenance obligations contained in Subsection F of Section 1 of this Agreement; and (iii) the warranty and guarantee provisions of Section 5 of this Agreement, the Subdivider shall repair and correct any defect in the construction of the rolled curb and gutters installed in the Subdivision for a period of two (2) years after the City’s acceptance of said improvements, provided the City provides notice to the Subdivider of the -3-
existence of the defect within that time period, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of the Subdivider.
H. The Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all taxes required by law. Additionally, the Subdivider shall pay all fees and costs required by the City’s ordinance or resolution per the terms of the Development Agreement, including but not limited to, building permit fees, final map filing fee, final map plan check fees, final map monumentation fees, grading permit fees, plan check and review fees, encroachment permit fees, and inspection fees.
I. Not less than fifteen (15) days prior to commencement of work on the Improvements, the Subdivider shall give written notice to the Director of the date fixed for such commencement of work so that the Director shall have adequate time to schedule all necessary inspections.
J. Subdivider shall provide the City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Resolution of Approval prior to the acceptance of Improvements and release of bonds or other security.
2. SOILS TESTING AND REPORT
A. In the event the Director determines that soil testing is required for the Improvements, the Subdivider shall employ and pay for a Soils Engineer acceptable to the Director of the City and the Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and design for the Improvements in accordance with the requirements set forth in Improvement Plans, and to the extent applicable, the APWA Standard Plans for Public Works Construction (Southern California Chapter) (popularly known as, and hereinafter, the “Greenbook”), as approved by City.
B. The Soils Engineer shall provide the City the reports containing the results of the testing, the interpretation of the results and the Improvement design done in connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable provisions of the Greenbook, as approved by the City, and good engineering practices. All reports and the certificates shall be mailed or delivered to the City.
C. The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the Director.
3. SPECIFICATIONS FOR IMPROVEMENTS
Subdivider shall construct, at Subdivider’s own expense, all of the Improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this Agreement as though set forth at length herein: Improvement Plans, as designated above in the Subdivision Reference Data, on file in the office of the Director.
-4-
Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within City right of way and property, to City for public use.
4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the Director and other City personnel and inspection consultants.
B. Upon completion of the work on all of the Improvements specified in Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the Director.
Within twenty (20) days of receipt of the written letter request, the Director shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the Director determines that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the Director shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City, the Director’s certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the Director or some other official of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with the City’s formally adopted fees and rates.
C. Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the Director following inspection of said public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the Director’s recommendation that such public Improvements have been completed within thirty (30) days following certification by the Director. A Notice of Completion (“NOC”) shall be recorded immediately after the City Council has accepted the Improvements as complete. Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by the City or such other public entity of any defects in the Improvements[KH1].
5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Subject only to Section 1.G, within the one-year period commencing on the date the NOC is recorded if any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty on behalf of the Subdivider shall -5-
be separate from and in addition to the Improvement Security defined and described in Section 7A(3) of this Agreement.
B. Should the Subdivider fail or refuse to act promptly or in accordance with Subsection A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. The City shall provide a bill to the Subdivider of the total costs of such repair, replacement, or reconstruction, and the Subdivider shall immediately reimburse the City for those total costs. If the Subdivider does not immediately pay the total costs incurred, the City may opt to tender on the Subdivider’s Improvement Securities as defined in Subsection 7A, and/or take any other lawful actions to recover any nonpayment or deficiency.
6. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the Director. As used herein, “good cause” may include, without limitation: delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by the native American monitors(s); and the order of any court or the City.
B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an Improvement Security pursuant to this Agreement.
C. As a condition of any time extension provided for herein, the Director may require the Subdivider to furnish new or modified Improvement Security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the Director.
7. IMPROVEMENT SECURITY
A. Prior to the City’s execution of this Agreement, the Subdivider shall provide as security to the City the following (collectively, “Improvement Securities” and individually, an “Improvement Security”):
1. For Performance: Performance Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Performance Security, the Subdivider assures faithful performance under this Agreement, as demonstrated by the City’s acceptance, in accordance with the Resolution of Approval and Improvement Plans.
2. For Payment: Payment Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Payment Security, the Subdivider guarantees payment to all contractors, subcontractors, laborers, -6-
material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code.
3. For Warranty: Warranty Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data, must be provided before final completion and the acceptance of any category of Improvements by the City.
With this Warranty Security, the Subdivider guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 5 hereof.
B. Each Improvement Security shall be a bond issued by a California admitted surety insurer or insurers having a Best rating of A or AA in substantially the form set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and shall be subject to the approval and acceptance by the City Attorney and the City Council. If, in the opinion of the City, any surety or sureties thereon (i) become insolvent or liquidated, or any bond cannot be tendered upon for the full penal sum For any reason; (ii) the surety’s bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Subdivider shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within thirty (30) days after receiving from City written demand therefor.
C. Each Improvement Security shall be kept on file with the City Clerk. If a surety bond is replaced by another approved bond, the Subdivider shall submit the replacement bond to the City Clerk, and upon acceptance by the City Attorney, the replacement Improvement Security shall be deemed to have been made a part of and incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former Improvement Security shall be released.
D. The Subdivider shall automatically increase the amount of each Improvement Security by an amount equal to ten percent (10 %) of the deposited security every year, subject to the provision that the Director may at any time determine that a greater increase in the amount of the Improvement Security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional Improvement Security within thirty (30) days after receiving demand and justification therefor.
E. Modifications of the Improvement Plans and the Improvements, not exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or release any Improvement Security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider shall furnish additional Improvement Securities for performance, payment, and guarantee as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. Alternatively, the Subdivider may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised.
F. All Improvements shall be completed within the Completion Period listed in the Subdivision Reference Data. Subject to any time extensions granted in accordance with Section -7-
6 herein, if the Subdivider has not completed the Improvements within this specified time, the Subdivider shall be in default.
G. Alternatively, in the event of a default by the Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, the City, at its sole option, shall have the right, without limiting any other rights and remedies available to the City at law or in equity, to draw upon or utilize any or’ all Improvement Securities furnished herewith to construct and install the Improvements itself.
8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Performance Security shall be released in full upon the occurrence of both of the following:
1. All “Public Improvements” (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, certified completed by the Director and then accepted as complete by the City Council.
2. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then certified as complete by the Director.
B. Partial releases or reductions in the Subdivider’s Performance Security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as follows:
At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the Director shall review and comment or approve the completion of the required work within 45 days. If the Director does not agree that all work has been completed in accordance with the plans and specifications for the improvements, the Director shall supply a list of all remaining work to be completed within this 45-day period.
Within 45 days of receipt of the list of remaining work from the Director, the Subdivider may then provide cost estimates for all remaining work for review and approval by the Director. Upon receipt of the cost estimates, the Director shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits the City from allowing for a partial release as the Director otherwise deems appropriate.
If the Director approves the cost estimate, the Director shall release all Performance Security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of Performance Security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original Performance Security unless the Director allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the Performance Security, subject to the -8-
approval of the Director. If substitute bonds or other security is used as a replacement for the Performance Security released, the release shall not be effective unless and until the Director receives and approves that form of replacement security. A reduction in the Performance Security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the Subdivider until all required Public Improvements have been accepted by the City and all other required improvements have been fully completed in accordance with the plans and specifications for the Improvements.
The Subdivider shall complete the works of improvement until all items are accepted by the City.
Upon the completion of the work on all of the Improvements specified in Exhibit B, the Subdivider, or his or her assigns, shall request in writing a final inspection in accordance with Subsection 4B, and within thirty (30) days of the Director’s certification that the project is complete, the release of any remaining performance security shall be placed upon the agenda of the City Council for approval of the release of any remaining performance security.
C. Payment Security shall, after passage of the time within which claims of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no claims have been recorded, the security shall be released in full.
D. The partial release provisions of this Section 8 shall not apply to any required guarantee and warranty period required by Section 66499.9 of the California Government Code for the guarantee or warranty nor to the amount of the Warranty Security deemed necessary by the City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys’ fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within sixty (60) days after the completion of the one-year period following completion and acceptance of all Improvements.
E. If Subdivider’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement Performance Security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after the Subdivider’s performance of the obligation to register its satisfaction or dissatisfaction. if at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider’s performance of the obligation was done to its satisfaction, and such Improvement Security shall be promptly released.
F. In the event the time periods for action by the City or other governmental agency specified in this Section conflict with a shorter or longer time period for such actions as provided in California Government Code Section 66499.7 or 66499.8, the time periods in Government Code Section 66499.7 and 66499.8 shall control.
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9. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, officials, employees, agents and volunteers (collectively, “City Personnel”), shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective or inferior methods, materials, workmanship, or design (collectively, “Subdivider’s Faults”), of the Improvements by Subdivider, its officers, employees, contractors, subcontractors and agents, except as limited by California Civil Code, Section 2782 or to the extent caused by the City’s negligence or willful misconduct. Subdivider shall indemnify, hold harmless and defend the City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys’ fees, arising directly or indirectly out of or attributable to Subdivider’s Faults, including Subdivider’s acts or failure to act.
B. Subdivider’s obligations under this Section 9 are not conditioned or dependent upon whether the City, or City Personnel, prepared, supplied or reviewed any Improvement Plans in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.
C. Subdivider’s obligation to indemnify, hold harmless and defend the City and City Personnel shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider’s Faults, including without limitation, design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider’s design or construction of Improvements. The Subdivider’s indemnity obligations hereunder shall remain in effect for one (1) year following acceptance of the respective Improvement(s) by the City Council.
D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City and City Personnel to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided the City gives the Subdivider prompt written notice of such claim.
E. Subdivider’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.
F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City and City Personnel to the extent of the indemnity above provided.
10. INSURANCE
A. The following coverages shall be obtained and maintained by Subdivider on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s insurance coverages.
In such case, Subdivider shall maintain during this same construction period, and after the -10-
construction period, the coverages shown below as “Insurance After Construction.” In addition, Subdivider may elect to obtain, for all or any portion of the Project, an “Owner-Controlled Wrap Up” insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word “Subdivider” refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor. Subdivider may satisfy insurance requirements contained herein by Subdivider’s master insurance policies covering other operations and locations.
B. Insurance During Construction. Subdivider shall obtain and maintain the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider’s General Contractor:
1. Commercial General Liability Insurance. Commercial General Liability Insurance (primary) shall be provided on Insurance Services Offices (“ISO”) ISO-CGL Form No.
CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.
2. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
3. Business Auto Coverage. Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a nonowned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
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4. Workers’ Compensation/Employer’s Liability. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer’s liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents.
5. Builder’s Risk Insurance. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider’s lender or if available at commercially reasonable rates) and flood for all Improvements.
C. Insurance After Construction. Upon completion of construction of the Improvements, and for the required guarantee and warranty period (unless such longer period of time is specified herein), Subdivider at Subdivider’s expense shall obtain and maintain or cause to be maintained the following insurance:
1. Commercial Property Insurance. Commercial Property Insurance covering the Improvements. Coverage shall be at least as broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder’s all-risk insurance using an inland marine form during the period of any major alteration or improvement, using the broadest form available. This requirement may be satisfied through a combination Builders’ Risk and Property Insurance master policy at Subdivider’s option.
The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasonable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort be Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider’s inability to obtain, in full, the required insurance, and in such event, Subdivider’s obligation to procure and maintain such insurance as unobtainable shall be excused. Subdivider and City agree that a premium cost of earthquake insurance coverage of up to 100% of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost. Nonavailability at commercially reasonable premium cost must be documented by a letter from Subdivider’s insurance broker or agent indicating a good faith effort to place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.
2. Commercial General Liability Insurance. Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars general -12-
aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel.
3. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis.
There shall be no cross liability exclusion. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.
4. Workers Compensation Insurance. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease.
Employer’s liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.
5. Business Auto Coverage. Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.
D. Provisions Pertaining to Insurance Provided by Subdivider.
All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
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All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider’s employees, or agents, from waiving the right of subrogation prior to a loss.
Subdivider waives its right of subrogation against City.
None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.
Unless otherwise approved by City, Subdivider’s insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of at least “A-:VII.” Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.
In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non-compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.
Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider’s general liability policies using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage and policies are to have a “cancellation endorsement” to the same effect. Subdivider agrees to provide complete copies of all required insurance policies, including without limitation, any endorsements modifying coverage in any way, upon request from City.
Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such evidence shall be in the form of a certificate of insurance.
Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers’ compensation (statutory benefits). The requirement for general liability may be satisfied by Subdivider through the procurement of CIP policies covering some or all of the subcontractors. Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.
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Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all certificates of insurance obtained in compliance with this Section will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.
Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.
Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.
Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.
Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.
If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.
Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) for each occurrence, until the warranty period specified in this Agreement expires.
Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than $1 million per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City’s perception of liability exposure associated with the work that would be performed by that design professional.
To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider’s insurer or would result in an additional premium that is extraordinary or unreasonably -15-
disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.
11. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder.
B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City, each Improvement that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.
12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
1. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to complete construction and installation of the Improvements or any of them by the Completion Date;
2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the guarantee and warranty period required by Subsection 5(A) of this Agreement, or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists;
3. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to perform substantial work on the Improvements or on any of them, after commencement of work on same, for a period of thirty (30) days after written notice thereof from the City;
4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
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5. Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after written notice thereof from the City; or
6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in the Agreement for the performance of that obligation, or if no time is specified, within thirty (30) days after written notice thereof from the City.
B. The City reserves to itself all remedies available to it at law or in equity for any breach of the Subdivider’s obligations under this Agreement. After written notice to the Subdivider of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and diligently prosecute such cure to completion, the City shall have the right, without limitation of other rights or remedies, to tender against, draw upon or utilize any or all Improvement Securities furnished hereunder to complete the Improvements, or request said surety take over and complete the Improvements, or otherwise mitigate the City’s damages in the event of the Subdivider’s default.
C. The Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, the City’s damages for Subdivider’s default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
D. Following the written notice of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to the Subdivider as may be on the site of the work and necessary for the performance of the work.
The Subdivider hereby consents to such entry by the City and its representatives, including employees, agents, and contractors, upon any real property in the Subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following the Subdivider’s default.
E. The Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, the City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, the City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider’s failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by the Subdivider.
F. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
-17-
G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys’ fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider’s contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Subdivider’s obligations under this Agreement. The Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of the City.
14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.
B. The sale or other disposition of the Subdivision shall not relieve the Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire Subdivision to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon the City’s approval of the novation and substitution of Improvement Securities, the Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement.
15. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows:
If to the City: City of McFarland
Attn: City Manager
401 W Kern Avenue
McFarland, CA 93250
With a copy to: Nathan M. Hodges, City Attorney
[email protected]
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may subsequently be
designated in written notice to the City.
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Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail, shall be deemed effective on the date of delivery or attempted delivery shown on the return receipt, and notices given by overnight courier shall be deemed effective one (1) business day following delivery to the overnight courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, as specified herein.
16. ENTIRE AGREEMENT
This Agreement, along with the Resolution of Approval and Development Agreement approved previously by the City, constitutes a single, integrated written contract, expresses the entire agreement of the parties with respect to its subject matter, supersedes all negotiations, prior discussions and preliminary agreements. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the Director.
17. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, and Exhibits A and B, are attached hereto and incorporated into this Agreement.
19. GOVERNING LAW; VENUE
This Agreement shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Venue for any action relating to this Agreement shall be in the Kern County Superior Court.
20. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
21. LIENS
Subdivider represents and warrants that Subdivider owns the Property, and that there are no encumbrances on the Property that would prohibit or interfere with this Agreement or the rights granted to City hereunder, and that there are no monetary liens (except for property taxes and assessments not yet delinquent) affecting the Property. -19-
22. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures.
LEORA, LLC “SUBDIVIDER”
By:
Its:
Date:
“CITY”
CITY OF MCFARLAND
By:
Saul Ayon, Mayor
ATTEST:
By:
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
By:
Nathan Hodges, City Attorney
INSERT NOTARY
01159.0009/277118.1 Exhibit A-1
EXHIBIT A
LEGAL DESCRIPTION
The land described herein is situated in the State of California, County of Kern, City of McFarland, described as follows:
Parcel B of Lot Line Adjustment No. 5-06, as evidenced by a Certificate of Correction recorded October 27, 2006 as Instrument No. 0206267032 of Official Records, being more particularly described as all of said Parcel 2 of Parcel Map No. 10234 recorded November 22, 1995 in Book 47 page 134 of Parcel aps.
Excepting therefrom the following described parcel of land.
Beginning at the northwest corner of said Parcel l; thence ( 1) N 89"05'37° W, 60.00 feet along the westerly prolongation of the north line of said Parcel 1; thence (2) S 0"54'23" W, 514.51 feet, parallel to and 60.00 feet west of the west line of said Parcell, to the south line of said Parcel 2; thence (3) S 89°41'00" E, 60.00 feet to the southwest corner of said Parcel 1; thence (4) N 0•54•23" E, 513.89 feet along said west line of Parcel 1 to the point of beginning.
APN: 060-090-29-00-0
01159.0009/277118.1 Exhibit B-1
EXHIBIT B
SCHEDULE OF IMPROVEMENTS FOR
FINAL TRACT MAP NO. 22-002
CATEGORIES
OF
IMPROVEMENTS
Sewer
Condition
#69
Drainage
Condition
#70
Water
Condition #71
Street
Condition #66-
68 Grading Total
Estimated
Total Cost
$33,180.00 $62,102.00 $25,648.10 $1,091,702.50 $5,220.00 $1,217,853 Performance
Security
$33,180.00 $62,102.00 $25,648.10 $1,091,702.50 $5,220.00 $1,217,853 Payment
Security
$33,180.00 $62,102.00 $25,648.10 $1,091,702.50 $5,220.00 $1,217,853 Warranty
Security
$33,180.00 $62,102.00 $25,648.10 $1,091,702.50 $5,220.00 $1,217,853 01159.0009/277118.1 Exhibit C-1
EXHIBIT C
Form of Improvement Securities
1.Labor and Material Bond
2. Performance Bond
3. Surety
4. Engineer Estimates
CLTA SUBDIVISION
Guarantee Number:
Issued By:
FWKN-TO22001725
Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:43 PM
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO
AND MADE A PART OF THIS GUARANTEE,
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee
against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A.
Chicago Title Company
2540 W. Shaw Lane, Suite 112
Fresno, CA 93711
Chicago Title Insurance Company
By:
Countersigned By:
Tasha Thompson
Authorized Officer or Agent
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:44 PM
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWKN-TO22001725 ISSUING OFFICE:
Title Officer: Erica Madrigal
Chicago Title Company
2540 W. Shaw Lane, Suite 112
Fresno, CA 93711
Phone: (559)492-4228 Fax: (559)448-8530
Main Phone: (661)410-4700
Email: [email protected]
SCHEDULE A
Amount of Liability Fee Title Officer
$1,000.00 $200.00 Erica Madrigal
Date of Guarantee: December 1, 2022 at 08:00 AM
1. Name of Assured: Kern County
2. Subdivision Map Reference: Tract Map No. 7393 Phase 1
3. The map referred to above recites that it is a subdivision of the following described Land:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
4. ASSURANCES:
According to the Public Records the only parties having any record title interest in the Land included within the exterior boundary shown on the map of the above referenced subdivision whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are:
Leora LLC, a California Limited Liability Company, as fee title owner USA - Purpose irrigation pipelines per Book 1978 Page 275 O.R.
County of Kern - Easement holder Per Book 7 Page 299
County of Kern- Easement holder per Book 23 Page 176
Public in General County of Kern - Easement holder Per Book 47 Page 134 O.R.
United States of America- easement holder per Book 9 of Patents Page 198 San Joaquin Light and Power Co. - Easement holder per Book 37 Page 404 City of McFarland- easement holder per Book 62 Pages 81 thru 83.
END OF SCHEDULE A
EXHIBIT "A"
Legal Description
Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:44 PM
For APN/Parcel ID(s): 060-090-31-00
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MCFARLAND, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON THE PARCEL MAP NO. 12412, "BEING A DIVISION OF PARCEL B OF LOT LINE ADJUSTMENT NO. 50-06, PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 27, 2006 PER DOCUMENT NO. 0206267032, OFFICIAL RECORDS. ALSO LYING IN A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, T.26S, R25E, M.D.B& M.", FILED FOR RECORD ON AUGUST 10, 2021, IN BOOK 62 OF PARCEL MAPS, AT PAGE 81 - 83.
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWKN-TO22001725 Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:44 PM
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate.
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWKN-TO22001725 (continued)
Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:44 PM
5. PROOF OF LOSS OR DAMAGE
(a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4.
7. LIMITATION OF LIABILITY
(a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto.
9. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection.
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. FWKN-TO22001725 (continued)
Subdivision Guarantee
CLTA Guarantee Form No. 14 (06/05/2014) Printed: 12.06.22 @ 01:44 PM
11. ARBITRATION
Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
13. SEVERABILITY
In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
14. CHOICE OF LAW; FORUM
(a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
15. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at:
Chicago Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Department
END OF CONDITIONS
BOND ESTIMATE Date: 10/27/2022
TRACT NO 7393 Phase 1 By: TCB
No. of Lots 56
Acreage: 18.12
Item # Item Description Qty Unit Unit $ Item $ % COMPLETE REMAINDER Grading
1. Grading Streets 5,800 cy 9.00 52,200 90% $5,220.00
Sewer Improvements
2. 4" Sewer Line (Laterals) 1,769 lf 30.00 53,070 90% $5,307.00
3. 8" Sewer Line 1,199 lf 55.00 65,945 90% $6,594.50
4. 10" Sewer Line 955 lf 65.00 62,075 90% $6,207.50
5. 12" Sewer Line 1,633 lf 70.00 114,310 90% $11,431.00
6. Standard Manhole 14 ea 2,600.00 36,400 90% $3,640.00 Subtotal $331,800 $33,180.00
Storm Drain Improvements
7. 18" Storm Drain Pipe 1,174 lf 120.00 140,880 90% $14,088.00
8. 24" Storm Drain Pipe 778 lf 130.00 101,140 90% $10,114.00
9. Standard Manhole 10 lf 4,000.00 40,000 90% $4,000.00
10. Type "A" Catch Basin 7 ea 5,000.00 35,000 90% $3,500.00
11. Outlet Structure 1 ea 4,000.00 4,000 90% $400.00
13. Sump 1 ea 300,000.00 300,000 90% $30,000.00
Subtotal $621,020 $62,102.00
Water Improvements
14. 12" C900 Waterline 1,622 lf 48.00 77,856 90% $7,785.60
15. 12" Gate Valve 4 ea 2,100.00 8,400 90% $840.00
16. 8" C900 Waterline 2,345 lf 35.00 82,075 90% $8,207.50
17. 8" Gate Valve 11 ea 1,050.00 11,550 90% $1,155.00
18. Hydrant Assembly 6 ea 4,000.00 24,000 90% $2,400.00
19. Tie-in 2 ea 1,100.00 2,200 90% $220.00
20. 1" Water Services 56 ea 900.00 50,400 90% $5,040.00 Subtotal $256,481 $25,648.10
Street Improvements
21. AC Paving (4" Asphalt) 1,206 tons 65.00 78,390 0% $78,390.00
22. AC Paving (2.5" Asphalt) 1,345 tons 65.00 87,425 0% $87,425.00
23. AC Paving (5.5" Asphalt) 1,041 tons 65.00 67,665 0% $67,665.00
24. AG Base (12" Class 2) 1,920 cy 70.00 134,400 0% $134,400.00
25. AG Base (8" Class 2) 2,255 cy 70.00 157,850 0% $157,850.00
26. AG Base (16" Class 2) 1,616 cy 70.00 113,120 0% $113,120.00
27. 6" Curb & Gutter 2,352 lf 25.00 58,800 90% $5,880.00
28. Rolled Curb 2,963 lf 25.00 74,075 90% $7,407.50
29. 4" Thick Sidewalk 16,324 sf 6.00 97,944 0% $97,944.00
30. 6' High Masonry Wall 2,055 lf 65.00 133,575 0% $133,575.00
31. Driveways 6,944 sf 9.00 62,496 0% $62,496.00
32. Handicap Ramps 11 ea 2,500.00 27,500 0% $27,500.00
33. Street Lights - Mast Arm 15 ea 6,000.00 90,000 0% $90,000.00
34. Street Name Signs 11 ea 300.00 3,300 0% $3,300.00
35. Traffic Control Signs 5 ea 300.00 1,500 0% $1,500.00
36. Cross Gutters 3 ea 5,500.00 16,500 0% $16,500.00
37. Monument Encasements 9 ea 750.00 6,750 0% $6,750.00 Subtotal $1,211,290 $1,091,702.50
Total $2,472,791 $1,217,853
20% Contingency $494,558
$2,967,349
$1,254,938
$1,712,411
Work Completed
Work Remaining
Total Estimate
TRACT 7393 - Engineer's Estimate - Phase 1
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CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager/ Chief of Police
DATE: January 12, 2023
SUBJECT: Report, Discussion, and Appointment of Councilmembers on Subcommittees and Special District Committees by the Mayor.
SUMMARY:
Many elected bodies divide into subcommittees to study specific matters impacting their communities. Subcommittees can facilitate the decision-making process on critical items.
Preform the following functions:
• Clearly define the mission before creating a subcommittee. • Set deadlines for reports.
• Monitor assignments to check on progress.
• Rotate membership periodically.
• Keep nonmembers informed of meetings and action.
• Monitor the amount of staff effort required.
• Review the list of subcommittees annually and delete those that are no longer necessary.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends the City Council review and Mayor update the list of subcommittees and appoint two (2) members to each subcommittee.
ATTACHMENT:
Attachment 1 – Subcommittees List
Attachment 2- Special District List
Standing Committees
Resolution NO: 2022-0017 – Establishing City Council Committees to be Consolidated into Three Committees: As Follow
Public Safety Committee- (Law Enforcement, Prison, PAL Program, Fire Services, Public Works):
Councilmembers Saul Ayon and Ricardo Cano
Quality of Life- (Downtown Design, Veterans Memorial, Festival Committee, Euthanasia Committee): Councilmembers Sally Tafoya and Maria Pérez Public Policy and Finance Committee- (Finance, Development, Economic Development Ad-Hoc Task Force, Refuse, Legislative): Councilmembers Saul Ayon and Amador Ayon Ad Hoc Committee – Review and Analyze Methods of Operations: Councilmembers Saul Ayon and Sally Tafoya - Resolution NO. 2022-0097
Cannabis Committee- Review and Analyze all Cannabis Related Items within the City of McFarland: Councilmember Saul Ayon and Ricardo Cano- Resolution NO. 2022-0137
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT
MEETINGS
a. Delano Mosquito Abatement District (DMAD) – Councilmember Ricardo Cano b. Kern Council of Governments (KCOG)- Mayor Tafoya or Mayor Pro-Tem Pérez c. Kern Economic Development Corp. (KEDC) – Mayor Tafoya or Mayor Pro-Tem Pérez d. Kern County Association of Cities (KCAC)
e. Poso Creek (IRWMP)- Councilmember S. Ayon
f. Kern Local Agency Formation Commission (LAFCO) – Councilmember S. Ayon