REGULAR CITY COUNCIL MINUTES
IN PERSON MEETING
February 09, 2023
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, Finance Director Viramontes, City Clerk Alvarado
Officials Absent: None
INVOCATION
Pastor Phil Corr and Henry Robledo
PLEDGE OF ALLEGIANCE
Councilmember A. Ayon
PET OF THE WEEK
Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter.
Community Development Director Larry Ronk III presented the futured pet of the week to City Council Members and the Community. He introduced "Choco" a Chiwawa Mix breed available for immediate adoption to anyone interested.
PRESENTATIONS, INTRODUCTIONS AND AWARDS
1. Recognition Award Presented to Annika Fernandez
Mayor Saul Ayon presented Annika Fernandez with a recognition for her outstanding performance in Basketball.
2. Safe Surrender Baby Awareness Month Proclamation- Presented by: Mayor Saul Ayon Mayor Saul Ayon presented the Safe Surrender Baby Awareness Month Proclamation to Noel Ayon, Human Services Supervisor.
3. Grand Jury Month Proclamation- Presented by: Mayor Saul Ayon Mayor Saul Ayon presented a proclamation proclaiming February as Grand Jury Month to Enrique Vicuna, Grand Jury Foreman and Alfredo Robledo, Grand Jury Pro-Tem.
PUBLIC COMMENTS
1. Russell Coker, 300 Harlow Ave.- Requested status on the city's budgets and Fire Contract in regard to payment increase.
2. Gina Diaz, 702 Melgar Ave- Requested water meter mis-read update, stating although she met with staff nothing has been resolved. She believes that some fraudulent activity is going on. Ms.
Diaz urged the Council to look into this issue and help the residents.
Public Comment Closed at 6:30 p.m.
DEPARTMENTAL REPORTS
None
CONSENT AGENDA
1. Approval of the Expense Report in the Amount of $290,968.31 from December 28, 2022, to January 10, 2023.
2. Approval of Payroll Report in the Amount of $265,834.95 for the Month of January 2023.
3. Approval of the Regular Meeting Minutes for January 26, 2023.
4. Approval of Resolution No. 2023-0012 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MCFARLAND APPROVING CERTIFICATE OF ACCEPTANCE FOR THE SALE OF PERMANENT EASEMENT.
Motion was made by: Councilmember A. Ayon to approve the entire consent agenda; 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
PUBLIC HEARINGS
5. Item Tabled: It Is Recommended That the City Council Conduct a Public Hearing to Receive blic Input Regarding any Unmet Transit Needs and Direct Staff to Forward All Comments to t er County Council of Governments (KCOC
a. Open Public Hearing and Receive Public Testimony:
b. Close Public Hearing:
*Public Hearing was tabled to March 9, 2023, Regular City Council Meeting.
ADMINISTRATIVE AGENDA
6. Item Tabled: Report, Discussion, and Possible Approval of Resolution No. 2023-0013, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND FINDING
THERE ARE NO UNMET PUBLIC TRANSIT NEEDS WHICH CAN REASONABLY BE MET IN THE CITY OF MCFARLAND (2023/2024).
*Resolution No. 2023-0013 was tabled to March 9, 2023 Regular City Council Meeting
7. Motion was made by: Councilmember A. Ayon to select Candidate Maria T. Pérez to fill the vacant seat on the City Council; 2nd by: Vice Mayor Cano. Motion to appoint Candidate Pérez was put to vote by roll call.
Council conducted brief interviews of Candidates Maria T. Pérez and Ivan Sandoval.
Public Comments:
1. Olivia Trujillo, Mayor City of Arvin- Spoke in favor of candidate Maria Pérez to fill vacant seat.
Public Comment: Closed 6:45 p.m.
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
Mayor Ayon thanked Ivan Sandoval for his interest in the City Council and commended his potential.
City Clerk Alvarado administered oath of office to newly appointed City Council Member Maria T.
Pérez.
8. Motion was made by: Councilmember A. Ayon to approve Resolution No. 2023-0014 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, PROVIDING
FOR THE APPOINTMENT TO THE OFFICE OF THE CITY COUNCIL FOR THE REMAINDER OF AN UNEXPIRED TERM; 2nd by: Councilmember Gonzalez.
No Comments from the public were presented.
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
9. Motion was made by: Councilmember A. Ayon to Approve to Transition one of the Administrative Assistant Positions to Executive Administrative Assistant and Approve Resolution No. 2023-0015, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND, CALIFORNIA, TO CHANGE THE SALARY RANGE OF THE EXECUTIVE ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER; 2nd by: Councilmember Pérez.
No Comments from the public were presented.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
ABSTAIN: None
ABSENT: None
Full consensus
10. Motion was made by: Vice Mayor Cano to approve Resolution No. 2023-0016, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, AUTHORIZING THE POLICE OFFICER HIRING AND RETENTION BONUS PROGRAMS; 2nd by:
Councilmember A. Ayon.
Public Comment:
1. Ron Woods- Asked if the city can afford these bonuses.
2. Russell Coker- McFarland Police Department Phone Directory Issue.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
11. Report, Discussion, and Appointment of Councilmembers on Subcommittees and Special District Committees.
*Mayor S. Ayon appointed members to Subcommittees and Special District Committees as follows:
1. Kern Council of Governments (KCOG)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano
2. Kern Economic Development Corp. (KEDC)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano
3. San Joaquin Valley Air Pollution Control District (SJV) Primary: Councilmember Amador Ayon - Alternate: Councilmember Anita Gonzalez
4. Delano Mosquito Abatement District (DMAD)
Vice Mayor Ricardo Cano
5. Poso Creek (IRWMP)
Councilmember Anita Gonzalez
6. Kern Local Agency Formation Commission (LAFCO)
Mayor Saul Ayon
7. Public Policy and Finance Committee
Mayor Saul Ayon, & Councilmember Anita Gonzalez
8. Public Safety Committee
Mayor Saul Ayon & Vice Mayor Ricardo Cano
9. Quality of Life Committee
Councilmember Anita Gonzalez, & Councilmember Amador Ayon
10. Ad Hoc Committee
Mayor Saul Ayon & Vice Mayor Ricardo Cano
11. Cannabis Committee
Vice Mayor Ricardo Cano & Councilmember Maria Pérez
12. Motion was made by: Vice Mayor Cano to approve Resolution No. 2023-0017, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING THE UPDATED WRITTEN POLICY FOR DISCONTINUATION OF RESIDENTIAL WATER SERVICE; 2nd by: Councilmember A. Ayon.
Public Comments:
1. Gina Diaz- Requested clarification of time frame on when the water issues were going to be resolved before the water is shut off and notification. She also requested a clarification on what is an appeal.
City Attorney Hodges gave detail clarification on purpose of resolution No. 2023-0017.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
ABSTAIN: None
ABSENT: None
Full consensus
13. Motion was made by: A. Ayon to approve Resolution No. 2023-0018, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING THE UPDATED WRITTEN PROTOCOL FOR DISCONTINUATION OF RESIDENTIAL WATER SERVICE; 2ºd by:
Councilmember Pérez.
No Comments from the public were presented.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
PUBLIC HEARINGS
14. Introduction of proposed Ordinance No. 0001-2023, An Ordinance of the City Council of the City of McFarland Approving amendment to Sections 17.84.020 B, 17.88.020 B, 17.92.020 B,
17.152.030, and removing Sections 17.08.045 and 17.08.050 of Title 17. Zoning will permit, by- ght Commercial Cannabis Permits subject to Section 19.04 Commercial Cannabis Activity i le McFarland Municipal Code to the Citv Counc
a. Open Public Hearing and Receive Public Testimony; 7:25 p.m.
Public Comments:
1. Tony Caudle- Valley Pure Group- Mr. Caudle spoke in support of Cannabis Zoning Ordinance and informed the Council of his interest in working with the City of McFarland if Council decided to move forward with the Cannabis zoning Ordinance. He also stated he would be more than happy to help and participate in the Cannabis Committee answering any questions they may have.
2. Danny Sanchez -512 10" Street, - Spoke in support of the Zoning Ordinance stating it will provide more funding for the city.
3. Jose Hernandez- 602 7' Street- Spoke against the Cannabis Zoning Ordinance. Voiced his concerns against the negative image of the city.
4. Russell Coker -300 Harlow Ave- Requested clarification on Zoning Areas and buffer zones where cannabis business would be allowed (map).
5. Catherin Woods- 13053 Garzoli Ave- Mrs. Wood's stated that she has lived in McFarland all her life and she just turned 80 years old. She stated that this is a big change but understands why it is happening. She just hopes the zoning would be out far enough so our kids will not be exposed. She asked the Council to be very careful and thanked them for listing to the residents' concerns.
6. Gina Diaz- 702 Melgar- Spoke in supports of the Cannabis Zoning Ordinance for Medical purposes only to help people sick people who need it for pain. b. Close Public Hearing; 7:38 p.m.
c. Vice Mayor Cano: Motioned to Waive the Reading of the Ordinance Text in Its Entirety, Read by Title Only, and Introduce for Reading, Ordinance No.0001-2023, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
AMENDING MCFARLAND MUNICIPAL CODE CHAPTERS 17.84.020 B,
17.88.020 B, 17.84.020 B, AND 17.152.030 AND REMOVAL OF CODE CHAPTERS
17.08.045 AND 17.08.050; 2nd by: Councilmember A. Ayon.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
d. Mayor S. Ayon Directed Staff to Schedule Second Reading and Adoption of Ordinance No. 0001-2023 For the February 23"d, 2023, Regular City Council Meeting.
15. Proposed Cannabis Ordinance No. 0002-2023, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING TITLE 5, CHAPTER 5.04.045 AND ADDING TITLE 19, CHAPTERS 19.04.010 THROUGH 19.04.370 OF THE MCFARLAND MUNICIPAL CODE.
a. Open Public Hearing and Receive Public Testimony; 7:41 p.m.
Public Comments:
1. Bobby Sharp- 799 5' Street- Thanked the council for their service. Mr. Sharp expressed to Council that he was strongly against the Cannabis Ordinance. He stated that he understood the measure that voted on was to approve the taxation of cannabis Urged council not to move forward with the Cannabis Ordinance believes the cons will outweigh the pros. Does not think it would be a good fit for out city with not enough law enforcement.
2. Oliva Trujillo City of Arvin, Mayor- Spoke in favor of the Cannabis Ordinance. Ms. Trujillo clarified to Council and Residents that Arvin is not distributing or selling cannabis in the City of Arvin, they are only collecting revenue from the people who harvest it. She also stated that it has not affected the Arvin youth community negatively.
3. Russell Coker 300 Harlow Ave- Mr. Coker requested clarification if this Ordinance would allow distribution or cultivation? Expressed he believes this is the wrong way to do things.
Tony Caudle- Clarified some facts regarding cannabis retail businesses stating that these businesses are protected via live feed cameras directly tapped into law enforcement.
Cannabis business have helped improve dilapidated areas in some city's which in return has reduced crime. He also stated that research as shown that states who legalize marijuana have shown a decrease in cannabis use amongst young adults via education.
5. Danny Sanchez- encouraged residents to educate themselves about these types of business and how they operate. Stated he prefers secure commercial facilities with protocols versus mom-and-pop shops that bring gang related and affiliated activity.
Marijuana is a growing business that will improve our Community. b. Close Public Hearing; 7:54 p.m.
c. Motion was made by: Councilmember Pérez to Waive the Reading of the Ordinance Text in Its Entirety, Read by Title Only, and Introduce for Reading, Ordinance No.0002- 2023, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING TITLE 5, CHAPTER 5.04.045 AND ADDING TITLE 19, CHAPTERS
19.04.010 THROUGH 19.04.370 OF THE MCFARLAND MUNICIPAL CODE; 2nd by:
Councilmember A. Ayon.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, A. Gonzalez, M. Pérez
ABSTAIN: None
ABSENT: None
Full consensus
d. Mayor S. Ayon Directed Staff to Schedule Second Reading and Adoption of Ordinance No. 0002-2023 For the February 23rd, 2023, Regular City Council Meeting.
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. Poso Creek (IR WMP)
e. Kern Local Agency Formation Commission (LAFCO)
COUNCIL STATEMENTS AND REPORTS
Anita Gonzalez- No Comments.
Maria Pérez- Councilmember Pérez commended applicant Ivan Sandoval and encouraged him to continue his pursue in life to do great things. She also commended Annika Fernandez for inspiring our youth in our community and thanked everyone for their attendance.
Amador Ayon- No Comments.
icardo Cano- Vice Mayor Cano thanked everyone for coming out tonight and encouraged th immunity to continue to voice their options and ideas to the Citv Council during these difficult decision that need to be made.
Saul Ayon- Mayor Ayon thanked everyone in attendance. He assured the community that they are doing their best to handle the difficult discussions they come across with the best interest of the city and with full transparency.
CLOSED SESSION
Potential Litigation: Government Code Section 54957: One Case Reportable Action: Direction to City Attorney to join the National Opioid Settlement.
ADJOURNMENT:
Closed session adjourned at 8:30 p.m. DFLICFARLAN
NCORPORATED
MLY 18. 1957
Francisca Alvarado, City Clerk
LIFORNIA