AGENDA
MCFARLAND CITY COUNCIL
MCFARLAND SUCCESSOR AGENCY
MCFARLAND PUBLIC FINANCE AUTHORITY
MCFARLAND IMPROVEMENT AUTHORITY
MCFARLAND PARKING AUTHORITY
REGULAR MEETING
CITY COUNCIL CHAMBERS August 24, 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, Maria T. Pérez
INVOCATION
PLEDGE OF ALLEGIANCE
INTERPRETATION: If you need an interpretation of your communications to the City Council into English, please contact the City Clerk Department at 661-792-3091 ext. 2135. Subject to availability notifying at least 48 hours before the meeting.
FEATURED PET
Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter. • Presented by: Chief of Police Knox
PRESENTATIONS, INTRODUCTIONS AND AWARDS
1. Drone Demonstration – Chief of Police Knox
2. Promotional Ceremony – Corporal Andrew Galvan
PUBLIC COMMENT: 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.
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
3. Public Works Department- PW Director F. Ortiz
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.
4. Approval of the Expense Report in the Amount of $382,793.29 August 2, 2023, to August 15, 2023.
5. Approval of the August 10, 2023 Regular Meeting Minutes.
PUBLIC HEARINGS
6. Introduction and First Reading of Ordinance No.0009-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING TITLE 17, CHAPTER 17.142 OF THE MCFARLAND MUNICIPAL CODE TO HEREBY REPEAL AND REPLACE IN ITS ENTIRETY. Relating to Signs.
• Staff Report: Community Development Director, Paul Saldana a. Open Public Hearing and Receive Public Testimony:
b. Close Public Hearing:
c. Motion to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Introduce Ordinance No. 0009-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING TITLE 17, CHAPTER 17.142 OF THE MCFARLAND MUNICIPAL CODE TO HEREBY REPEAL AND REPLACE IN ITS ENTIRETY. d. Direct Staff to Schedule Second Reading and Adoption of Ordinance No.0009-2023 for the Next Regular City Council Meeting of September 14, 2023.
7. Second Reading and Adoption of Ordinance No. 0007-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL CODE RELATING TO ABANDONED PREMISES.
• Staff Report: Community Development Director, Paul Saldana a. Open Public Hearing and Receive Public Testimony:
b. Close Public Hearing:
c. Motion to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Adopt Ordinance No. 0007-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL
CODE RELATING TO ABANDONED PREMISES
d. Direct Staff to Post Within 15 days of its Passage in Designated Posting Locations.
8. Second Reading and Adoption of Ordinance No. 0008-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING SECTION 19.04.110(a) OF THE MCFARLAND MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PERMITTING. • Staff Report: Community Development Director, Paul Saldana a. Open Public Hearing and Receive Public Testimony:
b. Close Public Hearing:
c. Motion to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Adopt Ordinance No. 0008-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING SECTION 19.04.110(a) OF THE MCFARLAND MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PERMITTING. d. Direct Staff to Post Within 15 days of its Passage in Designated Posting Locations.
ADMINISTRATIVE AGENDA
9. Report, Discuss, and Possible Approval of Resolution No. 2023-0099 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE TRANSFER OF THE
FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICES FROM R&F DISPOSAL TO USA WASTE OF CALIFORNIA, INC. a. Presentation: Waste Management RE: Franchise Transition Plan
10. Report, Discuss, and Possible Approval of Resolution No. 2023-0100 A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 2, CONTINGENT UPON THE RECEIPT OF REQUIRED IMPROVEMENT
BONDS, SUBDIVISION GUARANTEE AND IMPMAP AND 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, Discussion, and Possible Approval of the Employment Agreement Between the City and Brian Knox for the Chief of Police Position and Approval of Resolution Number 2023-0101 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING
AN ADDITIONAL ALLOCATION OF FUNDS TO THE POLICE DEPARTMENT BUDGET FROM THE GENERAL FUND.
12. Report, Discussion, and Possible Approval of Resolution No. 2023-0102 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND ELIMINATING THE EXECUTIVE
ADMINISTRATIVE ASSISTANT POSITION AND ONE OF THE TWO AUTHORIZED
ADMINISTRATIVE ASSISTANT I POSITIONS, CREATING THE ADMINISTRATIVE ASSISTANT II POSITION, AND AMENDING THE FY23/24 SALARY SCHEDULE.
13. Report, Discuss, and Possible Approval of the Modifications to the Community Grants Program Policy.
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG)
b. Kern Economic Development Corp. (KEDC)
c. Kern Local Agency Formation Commission (LAFCO)
d. Delano Mosquito Abatement District (DMAD)
e. Poso Creek (IRWMP)
f. San Joaquin Valley Air Pollution Control District (SJV) g. Public Policy and Finance Committee
h. Public Safety Committee
i. Quality of Life Committee
j. Cannabis Committee
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.
CLOSED SESSION
1. Conference with Labor Negotiators (§54957.6): Agency designated representatives: City Employment Attorney and City Attorney; Employee organization: SEIU
2. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(b): One Case
ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on August 21, 2023. __________________________
Francisca Alvarado, City Clerk
__________________________
Kenny Williams, City Manager
Next Meeting: September 14, 2023.
The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.
All agenda item and/or supporting documentation is available for public review on the city website at www.mcfarlandcity.org and the office of the City Clerk of the City of McFarland, at 401 W, Kern Ave.
McFarland, CA 93250 during regular business hours of 8:00 am – 5:00 pm Monday through Friday, following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. 8/17/2023 1:24:09 PM Page 1 of 12
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 8/2/2023 - 8/15/2023
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Advanced Data Storag - Advanced Data Storage, Inc.
Advanced Data Storage, Inc. INV 0168603 08/09/2023 INV 0168603 Service Console … 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 INV0024420 08/10/2023 American Fidelity Accident 1 01-22800-0000-1 27.64 American Fidelity INV0024421 08/10/2023 Life 1 01-22900-0000-1 9.81 American Fidelity INV0024422 08/10/2023 American Fidelity - Disability I…01-22700-0000-1 175.57 American Fidelity INV0024423 08/10/2023 Life 1 01-22900-0000-1 45.64 American Fidelity INV0024424 08/10/2023 Life 2 01-22900-0000-1 24.00 American Fidelity INV0024440 08/10/2023 Cancer 1 American Fidelity 01-22950-0000-1 13.53 American Fidelity INV0024457 08/10/2023 American Fidelity Accident 2* …30-22800-0000-1 27.45 American Fidelity INV0024457 08/10/2023 American Fidelity Accident 2* …34-22800-0000-1 15.41 American Fidelity INV0024458 08/10/2023 Life 1 34-22900-0000-1 9.81 American Fidelity INV0024459 08/10/2023 American Fidelity - Disability I…01-22700-0000-1 25.27 American Fidelity INV0024459 08/10/2023 American Fidelity - Disability I…30-22700-0000-1 35.39 American Fidelity INV0024459 08/10/2023 American Fidelity - Disability I…31-22700-0000-1 9.89 American Fidelity INV0024459 08/10/2023 American Fidelity - Disability I…32-22700-0000-1 44.83 American Fidelity INV0024459 08/10/2023 American Fidelity - Disability I…34-22700-0000-1 30.76 American Fidelity INV0024460 08/10/2023 Health FSA 01-22600-0000-1 60.56 American Fidelity INV0024460 08/10/2023 Health FSA 30-22600-0000-1 83.07 American Fidelity INV0024460 08/10/2023 Health FSA 31-22600-0000-1 50.19 American Fidelity INV0024460 08/10/2023 Health FSA 32-22600-0000-1 108.09 American Fidelity INV0024461 08/10/2023 Life 1 01-22900-0000-1 26.10 American Fidelity INV0024461 08/10/2023 Life 1 30-22900-0000-1 41.32 American Fidelity INV0024461 08/10/2023 Life 1 31-22900-0000-1 10.39 American Fidelity INV0024461 08/10/2023 Life 1 32-22900-0000-1 24.28 American Fidelity INV0024461 08/10/2023 Life 1 34-22900-0000-1 34.33 American Fidelity INV0024462 08/10/2023 Life 2 34-22900-0000-1 13.85 American Fidelity INV0024482 08/10/2023 Cancer 1 American Fidelity 34-22950-0000-1 8.12 American Fidelity INV0024483 08/10/2023 Cancer 1 American Fidelity 01-22950-0000-1 0.87 American Fidelity INV0024483 08/10/2023 Cancer 1 American Fidelity 30-22950-0000-1 2.62 American Fidelity INV0024483 08/10/2023 Cancer 1 American Fidelity 31-22950-0000-1 2.62 American Fidelity INV0024483 08/10/2023 Cancer 1 American Fidelity 32-22950-0000-1 2.60 American Fidelity INV0024484 08/10/2023 Cancer 2* - American Fidelity … 34-22950-0000-1 16.65 Vendor American Fidelity - American Fidelity Total: 980.66 Vendor: American Office Solu - American Office Solutions, LLC American Office Solutions, LLC INV 21071 08/09/2023 INV 21071 Recurring Monthly …01-310-52200-0000-1 3,600.00 American Office Solutions, LLC INV 21104 08/09/2023 INV 21104 Recurring IT Servic… 01-310-52200-0000-1 3,600.00 Vendor American Office Solu - American Office Solutions, LLC Total: 7,200.00 Vendor: BHT Engineering, Inc - BHT Engineering, Inc.
BHT Engineering, Inc. INV 23-046 08/01/2023 INV 23-046 2nd St. Landscape… 25-000-52960-8290-1 325.00 Vendor BHT Engineering, Inc - BHT Engineering, Inc. Total: 325.00 Vendor: Brenntag - Brenntag Pacific Inc.
Brenntag Pacific Inc. INV BPI357318 08/01/2023 INV BPI357318 L A Chemchlor… 32-510-57400-0000-1 614.99 Vendor Brenntag - Brenntag Pacific Inc. Total: 614.99
Vendor: BSK ASSOCIATES - BSK ASSOCIATES
BSK ASSOCIATES INV AG17585 08/01/2023 INV AG17585 BOD & TSS-WW… 30-500-57400-0000-1 150.00 Vendor BSK ASSOCIATES - BSK ASSOCIATES Total: 150.00
Vendor: CALCLEAN - Cal Clean LLC
Cal Clean LLC INV 000168 08/01/2023 INV 000168 Cal Clean Services…01-190-52200-0000-1 280.00 Vendor CALCLEAN - Cal Clean LLC Total: 280.00
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 2 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CA DCSS - California Dept of Child Support Services California Dept of Child Suppo…INV0024481 08/10/2023 CA Dept Child Support Services 32-22350-0000-1 521.53 Vendor CA DCSS - California Dept of Child Support Services Total: 521.53 Vendor: Continental Labor Re - Continental Labor Resources, Inc.
Continental Labor Resources, … INV 3005150 08/01/2023 INV 3005150 Lopez, Bernadin… 20-200-52200-0000-1 175.10 Vendor Continental Labor Re - Continental Labor Resources, Inc. Total: 175.10 Vendor: Core & Main LP - Core & Main LP
Core & Main LP INV T211003 08/01/2023 INV T211003 CTS Bevel Tool, I… 32-510-57400-0000-1 162.38 Vendor Core & Main LP - Core & Main LP Total: 162.38
Vendor: D/B/A USABLUEBOOK - D/B/A USABLUEBOOK
D/B/A USABLUEBOOK INV00093360 08/09/2023 INV00093360 LMI Repair Kit G…32-510-57400-0000-1 415.19 Vendor D/B/A USABLUEBOOK - D/B/A USABLUEBOOK Total: 415.19 Vendor: John Deere - DEERE & COMPANY
DEERE & COMPANY INV1031093088 08/01/2023 QUOTE- 28035312 Diesel Land…26-110-53100-8550-1 19,169.08 Vendor John Deere - DEERE & COMPANY Total: 19,169.08
Vendor: EDD - EDD
EDD INV0024414 08/10/2023 SDI - State Disability Insurance 32-22200-0000-1 13.08 EDD INV0024444 08/10/2023 State Income Tax Withholding 01-22200-0000-1 1,622.51 EDD INV0024444 08/10/2023 State Income Tax Withholding 30-22200-0000-1 4.62 EDD INV0024444 08/10/2023 State Income Tax Withholding 32-22200-0000-1 4.64 EDD INV0024445 08/10/2023 SDI - State Disability Insurance 01-22200-0000-1 494.17 EDD INV0024445 08/10/2023 SDI - State Disability Insurance 30-22200-0000-1 1.90 EDD INV0024445 08/10/2023 SDI - State Disability Insurance 32-22200-0000-1 1.89 EDD INV0024446 08/10/2023 State Unemployment Insuran… 01-22250-0000-1 1.88 EDD INV0024447 08/10/2023 Employment Training Tax 01-22275-0000-1 0.05 EDD INV0024487 08/10/2023 State Income Tax Withholding 01-22200-0000-1 820.54 EDD INV0024487 08/10/2023 State Income Tax Withholding 20-22200-0000-1 4.35 EDD INV0024487 08/10/2023 State Income Tax Withholding 30-22200-0000-1 429.76 EDD INV0024487 08/10/2023 State Income Tax Withholding 31-22200-0000-1 221.77 EDD INV0024487 08/10/2023 State Income Tax Withholding 32-22200-0000-1 388.72 EDD INV0024487 08/10/2023 State Income Tax Withholding 34-22200-0000-1 19.69 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 01-22200-0000-1 263.93 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 20-22200-0000-1 16.06 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 30-22200-0000-1 159.17 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 31-22200-0000-1 64.42 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 32-22200-0000-1 181.88 EDD INV0024488 08/10/2023 SDI - State Disability Insurance 34-22200-0000-1 13.64 EDD INV0024489 08/10/2023 State Unemployment Insuran… 01-22250-0000-1 57.92 EDD INV0024489 08/10/2023 State Unemployment Insuran… 20-22250-0000-1 11.49 EDD INV0024489 08/10/2023 State Unemployment Insuran… 30-22250-0000-1 100.84 EDD INV0024489 08/10/2023 State Unemployment Insuran… 31-22250-0000-1 12.00 EDD INV0024489 08/10/2023 State Unemployment Insuran… 32-22250-0000-1 166.26 EDD INV0024490 08/10/2023 Employment Training Tax 01-22275-0000-1 1.46 EDD INV0024490 08/10/2023 Employment Training Tax 20-22275-0000-1 0.28 EDD INV0024490 08/10/2023 Employment Training Tax 30-22275-0000-1 2.52 EDD INV0024490 08/10/2023 Employment Training Tax 31-22275-0000-1 0.30 EDD INV0024490 08/10/2023 Employment Training Tax 32-22275-0000-1 4.16 Vendor EDD - EDD Total: 5,085.90
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Paymen…INV0024413 08/10/2023 Social Security 32-22100-0000-1 180.24 Electronic Federal Tax Paymen…INV0024415 08/10/2023 Medicare 32-22150-0000-1 42.16 Electronic Federal Tax Paymen…INV0024442 08/10/2023 Federal Income Tax Withholdi… 01-22050-0000-1 4,172.99 Electronic Federal Tax Paymen…INV0024442 08/10/2023 Federal Income Tax Withholdi… 30-22050-0000-1 15.12 Electronic Federal Tax Paymen…INV0024442 08/10/2023 Federal Income Tax Withholdi… 32-22050-0000-1 15.14 Electronic Federal Tax Paymen…INV0024443 08/10/2023 Social Security 01-22100-0000-1 6,932.56 Electronic Federal Tax Paymen…INV0024443 08/10/2023 Social Security 30-22100-0000-1 26.12 Electronic Federal Tax Paymen…INV0024443 08/10/2023 Social Security 32-22100-0000-1 26.10 Electronic Federal Tax Paymen…INV0024448 08/10/2023 Medicare 01-22150-0000-1 1,621.30 Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 3 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Electronic Federal Tax Paymen…INV0024448 08/10/2023 Medicare 30-22150-0000-1 6.10 Electronic Federal Tax Paymen…INV0024448 08/10/2023 Medicare 32-22150-0000-1 6.12 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 01-22050-0000-1 2,171.54 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 20-22050-0000-1 17.84 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 30-22050-0000-1 1,112.93 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 31-22050-0000-1 463.30 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 32-22050-0000-1 978.06 Electronic Federal Tax Paymen…INV0024485 08/10/2023 Federal Income Tax Withholdi… 34-22050-0000-1 85.80 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 01-22100-0000-1 3,636.30 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 20-22100-0000-1 221.20 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 30-22100-0000-1 2,192.42 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 31-22100-0000-1 887.52 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 32-22100-0000-1 2,506.26 Electronic Federal Tax Paymen…INV0024486 08/10/2023 Social Security 34-22100-0000-1 187.94 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 01-22150-0000-1 850.48 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 20-22150-0000-1 51.76 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 30-22150-0000-1 512.80 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 31-22150-0000-1 207.58 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 32-22150-0000-1 586.00 Electronic Federal Tax Paymen…INV0024491 08/10/2023 Medicare 34-22150-0000-1 43.96 Vendor EFTPS - Electronic Federal Tax Payment System Total: 29,757.64 Vendor: farmers home - Farmers Home Administration USDA Rural Development Farmers Home Administration…04-015-0956005880 08/09/2023 USDA Case #04-015-0956005… 01-155-54600-0000-1 13,239.90 Farmers Home Administration…04-015-0956005880 08/09/2023 USDA Case #04-015-0956005… 01-155-58900-0000-1 20,207.30 Vendor farmers home - Farmers Home Administration USDA Rural Development Total: 33,447.20 Vendor: Frontier - Frontier California Inc.
Frontier California Inc. 661-792-347-031715-5 08/01/2023 Frontier June2023 661792343… 01-185-57800-0000-1 109.92 Vendor Frontier - Frontier California Inc. Total: 109.92 Vendor: gotocom - GoTo Communications Inc
GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-105-57800-0000-1 8.56 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-110-57800-0000-1 26.76 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-115-57800-0000-1 29.97 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-140-57800-0000-1 29.97 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-150-57800-0000-1 256.86 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-155-57800-0000-1 8.56 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-160-57800-0000-1 8.56 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-165-57800-0000-1 24.20 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-175-57800-0000-1 29.97 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 01-180-57800-0000-1 35.70 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 20-200-57800-0000-1 0.64 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 30-500-57800-0000-1 152.61 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 31-505-57800-0000-1 63.14 GoTo Communications Inc INV7102173520 08/10/2023 INV7102173520 GoTo Monthl… 32-510-57800-0000-1 137.85 Vendor gotocom - GoTo Communications Inc Total: 813.35
Vendor: Grainger - Grainger
Grainger INV9791970198 08/09/2023 INV9791970198 Spray Gun Fltr…01-180-57400-0000-1 80.20 Vendor Grainger - Grainger Total: 80.20
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc INV 832858 08/01/2023 INV 832858 Concentrate, Cool…01-180-56440-0000-1 77.08 Granite Auto Parts Inc INV 833025 08/09/2023 INV 833025 Gasket, WD40 Spr…32-510-57400-0000-1 29.77 Granite Auto Parts Inc INV 833273 08/09/2023 INV 833273 2 Gal Gas Can 07/… 01-180-57400-0000-1 19.47 Granite Auto Parts Inc INV 833342 08/09/2023 INV 833342 Pintle Hook Parts… 01-180-57400-0000-1 231.09 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 357.41 Vendor: Gregs Petroleum - Gregs Petroleum
Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-105-54000-0000-1 2.13 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-110-54000-0000-1 14.29 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-115-54000-0000-1 13.16 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-140-54000-0000-1 2.13 Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 4 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-150-54000-0000-1 821.33 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-155-54000-0000-1 32.85 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-160-54000-0000-1 10.91 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-175-54000-0000-1 1.13 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 01-180-54000-0000-1 131.39 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 20-200-54000-0000-1 43.76 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 30-500-54000-0000-1 82.12 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 32-510-54000-0000-1 32.85 Gregs Petroleum INV 398699 08/01/2023 Fuel INV 398699 07/28/23 34-520-54000-0000-1 65.70 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-105-54000-0000-1 3.01 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-110-54000-0000-1 20.21 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-115-54000-0000-1 18.61 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-140-54000-0000-1 3.01 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-150-54000-0000-1 1,161.17 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-155-54000-0000-1 46.44 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-160-54000-0000-1 15.42 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-175-54000-0000-1 1.60 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 01-180-54000-0000-1 185.76 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 20-200-54000-0000-1 61.86 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 30-500-54000-0000-1 116.10 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 32-510-54000-0000-1 46.44 Gregs Petroleum INV 399602 08/09/2023 Fuel INV 399602 08/01/23 34-520-54000-0000-1 92.88 Vendor Gregs Petroleum - Gregs Petroleum Total: 3,026.26 Vendor: Home Depot - Home Depot
Home Depot 001433-9634121 08/09/2023 Auth Code 001433-9634121 Je…01-180-57400-0000-1 270.75 Home Depot 025805/6532114 08/09/2023 Auth Code 025805/6532114 5…32-510-57400-0000-1 27.04 Home Depot 028170/3614227 08/09/2023 Auth Code 028170/3614227 P…01-180-57400-0000-1 471.73 Home Depot 028170/3614227 08/09/2023 Auth Code 028170/3614227 P…32-510-57400-0000-1 471.73 Home Depot 030463/1532364 08/09/2023 Auth Code 030463/1532364 … 01-190-57400-0000-1 305.42 Vendor Home Depot - Home Depot Total: 1,546.67
Vendor: Irrigation Concepts - Irrigation Concepts
Irrigation Concepts INV 47933 08/09/2023 INV 47933 1/2 Slip Cap SCH & …01-180-57400-0000-1 3.42 Vendor Irrigation Concepts - Irrigation Concepts Total: 3.42 Vendor: Jasmin Martinez - Jasmin Martinez
Jasmin Martinez INV0024453 08/09/2023 Reimbursemnt for Meals duri… 01-175-52000-0000-1 101.00 Vendor Jasmin Martinez - Jasmin Martinez Total: 101.00
Vendor: John Hancock - John Hancock
John Hancock INV0024418 08/10/2023 401K - Employer 01-20800-0000-1 3,541.87 John Hancock INV0024418 08/10/2023 401K - Employer 30-20800-0000-1 21.00 John Hancock INV0024418 08/10/2023 401K - Employer 32-20800-0000-1 21.01 John Hancock INV0024419 08/10/2023 401K - Employee 01-20800-0000-1 2,707.20 John Hancock INV0024426 08/10/2023 401K Loan 1 01-20800-0000-1 89.29 John Hancock INV0024427 08/10/2023 401k Contribution 01-20800-0000-1 300.26 John Hancock INV0024428 08/10/2023 401k Contribution 01-20800-0000-1 347.28 John Hancock INV0024429 08/10/2023 401k Contribution 01-20800-0000-1 184.70 John Hancock INV0024430 08/10/2023 401k Contribution 01-20800-0000-1 297.28 John Hancock INV0024431 08/10/2023 401k Contribution 01-20800-0000-1 240.72 John Hancock INV0024432 08/10/2023 401k Contribution 01-20800-0000-1 267.96 John Hancock INV0024433 08/10/2023 401k Contribution 01-20800-0000-1 603.55 John Hancock INV0024434 08/10/2023 401k Contribution 01-20800-0000-1 256.48 John Hancock INV0024435 08/10/2023 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0024436 08/10/2023 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0024437 08/10/2023 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0024438 08/10/2023 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0024439 08/10/2023 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0024454 08/10/2023 401K - Employer 01-20800-0000-1 1,621.09 John Hancock INV0024454 08/10/2023 401K - Employer 20-20800-0000-1 16.12 John Hancock INV0024454 08/10/2023 401K - Employer 30-20800-0000-1 1,498.12 John Hancock INV0024454 08/10/2023 401K - Employer 31-20800-0000-1 592.73 Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 5 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0024454 08/10/2023 401K - Employer 32-20800-0000-1 1,347.64 John Hancock INV0024455 08/10/2023 401K - Employee 01-20800-0000-1 301.80 John Hancock INV0024455 08/10/2023 401K - Employee 20-20800-0000-1 102.79 John Hancock INV0024455 08/10/2023 401K - Employee 30-20800-0000-1 355.13 John Hancock INV0024455 08/10/2023 401K - Employee 31-20800-0000-1 215.36 John Hancock INV0024455 08/10/2023 401K - Employee 32-20800-0000-1 575.99 John Hancock INV0024456 08/10/2023 401K - Employer 20-20800-0000-1 141.76 John Hancock INV0024456 08/10/2023 401K - Employer 32-20800-0000-1 78.13 John Hancock INV0024463 08/10/2023 401K Loan 1 32-20800-0000-1 32.25 John Hancock INV0024464 08/10/2023 401K Loan 1 01-20800-0000-1 160.26 John Hancock INV0024465 08/10/2023 401K Loan 1 01-20800-0000-1 23.84 John Hancock INV0024465 08/10/2023 401K Loan 1 30-20800-0000-1 71.51 John Hancock INV0024465 08/10/2023 401K Loan 1 31-20800-0000-1 71.51 John Hancock INV0024465 08/10/2023 401K Loan 1 32-20800-0000-1 71.52 John Hancock INV0024466 08/10/2023 401K Loan 2 32-20800-0000-1 44.50 John Hancock INV0024467 08/10/2023 401K Loan 2 01-20800-0000-1 182.65 John Hancock INV0024468 08/10/2023 401K Loan 3 01-20800-0000-1 35.73 John Hancock INV0024468 08/10/2023 401K Loan 3 30-20800-0000-1 26.80 John Hancock INV0024468 08/10/2023 401K Loan 3 32-20800-0000-1 26.80 John Hancock INV0024469 08/10/2023 401K Loan 3 32-20800-0000-1 25.60 John Hancock INV0024470 08/10/2023 401K Loan 4 34-20800-0000-1 75.00 John Hancock INV0024471 08/10/2023 401K Loan 5 34-20800-0000-1 69.21 John Hancock INV0024472 08/10/2023 401K Loan 4 32-20800-0000-1 89.01 John Hancock INV0024473 08/10/2023 401K Loan 4 01-20800-0000-1 145.50 John Hancock INV0024473 08/10/2023 401K Loan 4 20-20800-0000-1 4.50 John Hancock INV0024474 08/10/2023 401K Loan 4 01-20800-0000-1 51.07 John Hancock INV0024474 08/10/2023 401K Loan 4 20-20800-0000-1 1.58 John Hancock INV0024475 08/10/2023 401k Contribution 01-20800-0000-1 1,246.48 John Hancock INV0024476 08/10/2023 401k Contribution 32-20800-0000-1 152.43 John Hancock INV0024477 08/10/2023 401k Contribution 01-20800-0000-1 219.91 John Hancock INV0024477 08/10/2023 401k Contribution 20-20800-0000-1 6.81 John Hancock INV0024478 08/10/2023 401k Contribution 34-20800-0000-1 151.57 John Hancock INV0024479 08/10/2023 401k Contribution 01-20800-0000-1 356.74 John Hancock INV0024480 08/10/2023 401k Contribution 01-20800-0000-1 446.16 John Hancock INV0024480 08/10/2023 401k Contribution 30-20800-0000-1 178.46 John Hancock INV0024480 08/10/2023 401k Contribution 31-20800-0000-1 89.23 John Hancock INV0024480 08/10/2023 401k Contribution 32-20800-0000-1 178.46 Vendor John Hancock - John Hancock Total: 21,960.35
Vendor: Jorge's Smog & Repai - Jorge's Smog & Repai
Jorge's Smog & Repai INV 018568 08/09/2023 INV 018568 A/C Service 2013 … 32-510-56600-0000-1 284.35 Vendor Jorge's Smog & Repai - Jorge's Smog & Repai Total: 284.35 Vendor: K.C. Waste - K.C. Waste
K.C. Waste INV0024409 08/02/2023 July 2023 Gate Fees 31-505-52400-0000-1 6,453.52 Vendor K.C. Waste - K.C. Waste Total: 6,453.52
Vendor: Kern County Sheriff' - Kern County Sheriff's Office Kern County Sheriff's Office INV0024382 07/27/2023 23-02951 Z Hasnain 01-22350-0000-1 476.15 Kern County Sheriff's Office INV0024441 08/10/2023 23-02951 Z Hasnain 01-22350-0000-1 517.17 Vendor Kern County Sheriff' - Kern County Sheriff's Office Total: 993.32 Vendor: Kern Machinery - Kern Machinery
Kern Machinery INV 103-1081425 08/01/2023 INV 103-1081425 Starter Rope…01-180-57400-0000-1 15.16 Vendor Kern Machinery - Kern Machinery Total: 15.16
Vendor: Kansas State Bank - KS State Bank
KS State Bank INV0024449 08/09/2023 KS State Contract Maturity R… 01-180-58900-0000-1 1,116.21 Vendor Kansas State Bank - KS State Bank Total: 1,116.21 Vendor: RON100 - Larry Ronk III
Larry Ronk III INV0024450 08/09/2023 Remibursement for 24in Laser…01-160-57400-0000-1 64.94 Vendor RON100 - Larry Ronk III Total: 64.94
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 6 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Leaf - LEAF Capital Funding LLC
LEAF Capital Funding LLC INV 15112698 08/09/2023 INV 15112698 Xerox C8155 M… 01-130-52200-0000-1 400.53 Vendor Leaf - LEAF Capital Funding LLC Total: 400.53
Vendor: Liebert C. Whitmore - Liebert C. Whitmore
Liebert C. Whitmore INV 245172 08/01/2023 INV 245172 MC60-00001 Gen… 01-130-56100-0000-1 408.00 Liebert C. Whitmore INV 245879 08/01/2023 INV 245879 MC060-00035 SEI… 01-130-56100-0000-1 1,120.50 Liebert C. Whitmore INV 245909 08/09/2023 INV 245909 MC060-00036 Ch… 01-150-56100-0000-1 3,662.55 Vendor Liebert C. Whitmore - Liebert C. Whitmore Total: 5,191.05 Vendor: Magic Touch Car Wash - Magic Touch Car Wash
Magic Touch Car Wash INV 125 08/01/2023 INV 125-Fleet April-June 2023 01-150-52200-0000-1 461.00 Vendor Magic Touch Car Wash - Magic Touch Car Wash Total: 461.00 Vendor: Mario Sanchez - Mario Sanchez
Mario Sanchez Inv 07.31.2023 08/09/2023 Translation & Interpreting Inv …01-105-52200-0000-1 391.50 Vendor Mario Sanchez - Mario Sanchez Total: 391.50
Vendor: MU - Mayra Uribe
Mayra Uribe INV0024412 08/02/2023 Uribe, Mayra Veteran's Hall R… 01-185-42350-0000-1 150.00 Mayra Uribe INV0024412 08/02/2023 Uribe, Mayra Veteran's Hall R… 01-24000-0000-1 350.00 Vendor MU - Mayra Uribe Total: 500.00
Vendor: McFarland Tire - McFarland Tire
McFarland Tire INV 29837 08/01/2023 INV 29837 Tires for Sweeper Q…01-180-56440-0000-1 580.00 McFarland Tire INV 30449 08/09/2023 INV 30449 Fix Flat Tire for Trac…01-180-57400-0000-1 50.00 Vendor McFarland Tire - McFarland Tire Total: 630.00
Vendor: Office Depot - Office Depot
Office Depot INV 323636627001 08/01/2023 INV 323636627001 Admin HP …01-105-57200-0000-1 30.31 Office Depot INV 323636627001 08/01/2023 INV 323636627001 Admin HP …01-110-57200-0000-1 30.33 Office Depot INV 323636627001 08/01/2023 INV 323636627001 Admin HP …01-111-57200-0000-1 30.33 Office Depot INV 323636627001 08/01/2023 INV 323636627001 Admin HP …01-112-57200-0000-1 30.33 Office Depot INV 323636627001 08/01/2023 INV 323636627001 Admin HP …01-160-57200-0000-1 30.33 Office Depot INV 323376866001 08/09/2023 INV 323376866001 MPD Offic… 01-150-57200-0000-1 60.56 Office Depot INV 324140451001 08/09/2023 INV 324140451001 Blk Trash … 01-105-57200-0000-1 43.75 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-105-57200-0000-1 28.22 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-110-57200-0000-1 28.20 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-111-57200-0000-1 28.20 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-112-57200-0000-1 28.20 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-140-57200-0000-1 9.39 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-160-57200-0000-1 9.39 Office Depot INV 324146204001 08/09/2023 INV 324146204001 Admin HP …01-175-57200-0000-1 9.42 Vendor Office Depot - Office Depot Total: 396.96
Vendor: Pace Analytical Serv - Pace Analytical Services, LLC Pace Analytical Services, LLC INV B480030 08/09/2023 INV B480030 Quarterly Groun… 30-500-58200-0000-1 113.50 Vendor Pace Analytical Serv - Pace Analytical Services, LLC Total: 113.50 Vendor: Pitney Bowes - Pitney Bowes
Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-105-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-110-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-115-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-130-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-140-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-150-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-155-55600-0000-1 19.91 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-160-55600-0000-1 19.91 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-165-55600-0000-1 19.90 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 01-175-55600-0000-1 19.91 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 30-500-55600-0000-1 19.91 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 31-505-55600-0000-1 19.91 Pitney Bowes 8000-9000-0937-7825 0 08/09/2023 8000-9000-0937-7825 08/06/… 32-510-55600-0000-1 19.91 Vendor Pitney Bowes - Pitney Bowes Total: 258.76
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 7 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Pre-Paid Legal - Pre-Paid Legal
Pre-Paid Legal INV0024425 08/10/2023 Pre-Paid Legal 01-22500-0000-1 24.90 Vendor Pre-Paid Legal - Pre-Paid Legal Total: 24.90
Vendor: R&F Disposal - R&F Disposal
R&F Disposal INV 345040 08/01/2023 R&F July 2023 INV 345040 City…01-180-58050-0000-1 370.50 R&F Disposal INV 34568 08/01/2023 R&F City Hall INV 34568 Roll O…01-180-58050-0000-1 403.00 R&F Disposal INV 731232 08/01/2023 R&F July 2023 INV 731232 Mc… 01-185-58050-0000-1 93.72 R&F Disposal INV 731233 08/01/2023 R&F July 2023 INV 731233 Se… 30-500-58050-0000-1 143.56 R&F Disposal INV 731234 08/01/2023 R&F July 2023 INV 731234 Bla… 01-180-58050-0000-1 143.56 R&F Disposal INV 731235 08/01/2023 R&F July 2023 INV 731235 3yd…01-155-58050-0000-1 143.56 R&F Disposal INV 731236 08/01/2023 R&F July 2023 INV 731236 Poli…01-150-52200-0000-1 107.32 R&F Disposal INV0024408 08/02/2023 July 2023 RF Garbage Fees 01-100-41300-0000-1 -4,044.79 R&F Disposal INV0024408 08/02/2023 July 2023 RF Garbage Fees 31-505-42340-0000-1 -2,163.75 R&F Disposal INV0024408 08/02/2023 July 2023 RF Garbage Fees 31-505-52400-0000-1 80,895.72 R&F Disposal INV0024410 08/02/2023 July 2023 RF Organic Fees 31-505-52400-0000-1 2,128.82 R&F Disposal INV0024411 08/02/2023 July 2023 RF Recycling Fees 31-505-52500-0000-1 11,179.33 Vendor R&F Disposal - R&F Disposal Total: 89,400.55
Vendor: San Joaquin Paint - San Joaquin Paint
San Joaquin Paint INV 129756 08/09/2023 INV 129756 5 Gal Strainer 08/… 01-180-57400-0000-1 2.44 Vendor San Joaquin Paint - San Joaquin Paint Total: 2.44 Vendor: SECURE SYSTEMS - SECURE SYSTEMS
SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 Seatrain Police … 01-150-52200-0000-1 43.00 SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 Animal Shelter … 01-155-52200-0000-1 52.00 SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 City Hall COM 1 01-190-52200-0000-1 121.00 SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 Waste Water C… 30-500-52200-0000-1 52.00 SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 Well 6 COM 3 32-510-52200-0000-1 52.00 SECURE SYSTEMS INV R259468 08/01/2023 INV R259468 Storage Tank C… 32-510-52200-0000-1 52.00 SECURE SYSTEMS INV P 769053 08/09/2023 INV P 769053 City Hall COM 2 …01-190-52200-0000-1 1,250.00 SECURE SYSTEMS INV P 769167 08/09/2023 INV P 769167 Service Alarm W…01-190-52200-0000-1 477.38 SECURE SYSTEMS INV P769141 08/09/2023 INV P769141 COM2 CityHall A… 01-190-52200-0000-1 750.00 Vendor SECURE SYSTEMS - SECURE SYSTEMS Total: 2,849.38
Vendor: Serrena McCuan - SERRENA MCCUAN
SERRENA MCCUAN INV0024416 08/09/2023 Meal Expenses 01-112-52000-0000-1 71.00 SERRENA MCCUAN INV0024416 08/09/2023 Fuel for RMA Meeting 01-112-52000-0000-1 125.24 SERRENA MCCUAN INV0024417 08/09/2023 SHRM Meeting 01-112-52000-0000-1 70.00 Vendor Serrena McCuan - SERRENA MCCUAN Total: 266.24
Vendor: Spay Neuter - Spay Neuter Imperative Project California Spay Neuter Imperative Projec…INV 8307 08/09/2023 INV 8307 Spay Neuter Vaccine 01-155-44000-8452-1 7,500.00 Vendor Spay Neuter - Spay Neuter Imperative Project California Total: 7,500.00 Vendor: CALTRANS - State of California Department of Transportation State of California Department…INV SL231105 08/01/2023 INV SL231105 Signals & Lighti… 01-180-58100-0000-1 47.52 Vendor CALTRANS - State of California Department of Transportation Total: 47.52 Vendor: Statewide Saftey - Statewide Saftey
Statewide Saftey INV 12018035 08/01/2023 INV 12018035 Statewide Traff…01-180-56500-0000-1 820.90 Statewide Saftey INV 12018038 08/09/2023 INV 12018038 Sign 24" EV Cha…01-180-56500-0000-1 69.28 Statewide Saftey INV 12018041 08/09/2023 INV 12018041 Statewide Traff…01-180-56500-0000-1 571.56 Statewide Saftey INV 12018062 08/09/2023 INV 12018062 Statewide Traff…01-180-56500-0000-1 1,897.18 Statewide Saftey INV 12018064 08/09/2023 INV 12018064 Statewide Traff…01-180-56500-0000-1 432.86 Vendor Statewide Saftey - Statewide Saftey Total: 3,791.78 Vendor: Stockbridge - Stockbridge General Contracting Inc Stockbridge General Contracti… INV 38453 08/01/2023 INV 38453 Payment 7 Comm… 25-000-52960-8425-1 110,080.11 Vendor Stockbridge - Stockbridge General Contracting Inc Total: 110,080.11 Vendor: Supplyworks - Supplyworks Inc
Supplyworks Inc Order 51326447 08/01/2023 Order 51326447 Towel Ctrpll, …01-185-57400-0000-1 214.45 Supplyworks Inc Order 51326447 08/01/2023 Order 51326447 Towel Ctrpll, …01-190-57400-0000-1 214.45 Supplyworks Inc Order 51326447 08/01/2023 Order 51326447 Towel Ctrpll, …20-200-57400-0000-1 214.47 Supplyworks Inc Order 51326448 08/01/2023 Order 51326448 Renown CN L…01-150-57400-0000-1 35.23 Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 8 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Supplyworks Inc Order 51326448 08/01/2023 Order 51326448 Renown CN L…01-185-57400-0000-1 35.21 Supplyworks Inc Order 51326448 08/01/2023 Order 51326448 Renown CN L…01-190-57400-0000-1 35.21 Vendor Supplyworks - Supplyworks Inc Total: 749.02
Vendor: Bakersfield Cal. - The Bakersfield Californian
The Bakersfield Californian INV 0623109839 08/01/2023 INV 0623109839 PW Invite & … 25-000-52960-2303-1 680.49 The Bakersfield Californian INV 0623109839 08/01/2023 INV 0623109839 PW Invite & … 25-000-52960-2304-1 680.49 The Bakersfield Californian INV 0623109839 08/01/2023 INV 0623109839 PW Invite & … 25-000-52960-2305-1 682.54 Vendor Bakersfield Cal. - The Bakersfield Californian Total: 2,043.52 Vendor: THE BANCORP - THE BANCORP BANK
THE BANCORP BANK INV 605780 08/09/2023 INV 605780 August Lease Ren… 01-150-58900-0000-1 7,227.09 Vendor THE BANCORP - THE BANCORP BANK Total: 7,227.09
Vendor: UNWIREDBROADBAND - unWired Broadband LLC
unWired Broadband LLC INV 01730953 08/09/2023 INV 01730953 Internet Month…01-155-57800-0000-1 144.99 unWired Broadband LLC INV 01730953 08/09/2023 INV 01730953 Internet Month…30-500-57800-0000-1 145.00 Vendor UNWIREDBROADBAND - unWired Broadband LLC Total: 289.99 Vendor: Verizon - Police Dep - Verizon - Police Dep
Verizon - Police Dep INV 9939523392 08/01/2023 INV 9939523392 July23 Police… 01-150-57800-0000-1 1,830.09 Verizon - Police Dep INV 9939523392 08/01/2023 INV 9939523392 July23 Police… 01-155-57800-0000-1 74.01 Verizon - Police Dep INV 9939523392 08/01/2023 INV 9939523392 July23 Police… 30-500-57800-0000-1 11.49 Verizon - Police Dep INV 9939523392 08/01/2023 INV 9939523392 July23 Police… 32-510-57800-0000-1 11.28 Vendor Verizon - Police Dep - Verizon - Police Dep Total: 1,926.87 Vendor: Visual Edge - Visual Edge IT, Inc.
Visual Edge IT, Inc. INV 24AR988318 08/01/2023 INV 24AR988318 Monthly Con…01-130-54800-0000-1 872.45 Vendor Visual Edge - Visual Edge IT, Inc. Total: 872.45 Vendor: WILLDAN - WILLDAN
WILLDAN INV010-55392 08/09/2023 INV010-55392 CFDA FY2023/… 24-210-52200-0000-1 8,876.06 WILLDAN INV010-55393 08/09/2023 INV010-55393 LLD FY23/24 20-200-52200-0000-1 3,249.92 Vendor WILLDAN - WILLDAN Total: 12,125.98
Grand Total: 382,793.29
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 9 of 12
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 116,852.79
20 - LIGHTING & LANDSCAPING-DISTRICT 1 4,342.29
24 - COMMUNITY FACILITIES DISTRICT 8,876.06
25 - CAPITAL IMPROVEMENTS PROJECTS 112,448.63
26 - MISCELLANEOUS GRANTS 19,169.08
30 - SEWER 7,891.46
31 - REFUSE/RECYCLING 101,475.50
32 - WATER 10,803.16
34 - PUBLIC TRANSPORTATION 934.32
Grand Total: 382,793.29
Account Summary
Account Number Account Name Payment Amount
01-100-41300-0000-1 Franchise Fees -4,044.79
01-105-52200-0000-1 Contract Services 391.50
01-105-54000-0000-1 Fuel 5.14
01-105-55600-0000-1 Postage 19.90
01-105-57200-0000-1 Supplies - Office 102.28
01-105-57800-0000-1 Telephone & Communic… 8.56
01-110-54000-0000-1 Fuel 34.50
01-110-55600-0000-1 Postage 19.90
01-110-57200-0000-1 Supplies - Office 58.53
01-110-57800-0000-1 Telephone & Communic… 26.76
01-111-57200-0000-1 Supplies - Office 58.53
01-112-52000-0000-1 Conferences/Meetings/T… 266.24
01-112-57200-0000-1 Supplies - Office 58.53
01-115-54000-0000-1 Fuel 31.77
01-115-55600-0000-1 Postage 19.90
01-115-57800-0000-1 Telephone & Communic… 29.97
01-130-52200-0000-1 Contract Services 400.53
01-130-54800-0000-1 Maintenance Agreements 872.45
01-130-55600-0000-1 Postage 19.90
01-130-56100-0000-1 Legal Services 1,528.50
01-140-54000-0000-1 Fuel 5.14
01-140-55600-0000-1 Postage 19.90
01-140-57200-0000-1 Supplies - Office 9.39
01-140-57800-0000-1 Telephone & Communic… 29.97
01-150-52200-0000-1 Contract Services 652.72
01-150-54000-0000-1 Fuel 1,982.50
01-150-55600-0000-1 Postage 19.90
01-150-56100-0000-1 Legal Services 3,662.55
01-150-57200-0000-1 Supplies - Office 60.56
01-150-57400-0000-1 Supplies - Operating 35.23
01-150-57800-0000-1 Telephone & Communic… 2,086.95
01-150-58900-0000-1 Debt Principal 7,227.09
01-155-44000-8452-1 Spay and Neuter Grant 7,500.00
01-155-52200-0000-1 Contract Services 52.00
01-155-54000-0000-1 Fuel 79.29
01-155-54600-0000-1 Interest Expense 13,239.90
01-155-55600-0000-1 Postage 19.91
01-155-57800-0000-1 Telephone & Communic… 227.56
01-155-58050-0000-1 Utilities Other 143.56
01-155-58900-0000-1 Debt Principal Redeemed 20,207.30
01-160-54000-0000-1 Fuel 26.33
01-160-55600-0000-1 Postage 19.91
01-160-57200-0000-1 Supplies - Office 39.72
01-160-57400-0000-1 Supplies - Operating 64.94
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 10 of 12
Account Summary
Account Number Account Name Payment Amount
01-160-57800-0000-1 Telephone & Communic… 8.56
01-165-55600-0000-1 Postage 19.90
01-165-57800-0000-1 Telephone & Communic… 24.20
01-175-52000-0000-1 Conferences/Meetings/T… 101.00
01-175-54000-0000-1 Fuel 2.73
01-175-55600-0000-1 Postage 19.91
01-175-57200-0000-1 Supplies - Office 9.42
01-175-57800-0000-1 Telephone & Communic… 29.97
01-180-54000-0000-1 Fuel 317.15
01-180-56440-0000-1 Repairs & Maintenance-… 657.08
01-180-56500-0000-1 Repairs/Maintenance St… 3,791.78
01-180-57400-0000-1 Supplies - Operating 1,144.26
01-180-57800-0000-1 Telephone & Communic… 35.70
01-180-58050-0000-1 Utilities Other 917.06
01-180-58100-0000-1 Street Lighting 47.52
01-180-58900-0000-1 Debt Principal Redeemed 1,116.21
01-185-42350-0000-1 Rents 150.00
01-185-57400-0000-1 Supplies - Operating 249.66
01-185-57800-0000-1 Telephone & Communic… 109.92
01-185-58050-0000-1 Utilities Other 93.72
01-190-52200-0000-1 Contract Services 2,878.38
01-190-57400-0000-1 Supplies - Operating 555.08
01-20800-0000-1 Pension Payable 15,627.82
01-22050-0000-1 Federal Withholding Pay… 6,344.53
01-22100-0000-1 FICA Payable 10,568.86
01-22150-0000-1 Medicare Payable 2,471.78
01-22200-0000-1 State Withholding Payab… 3,201.15
01-22250-0000-1 SUTA Payable 59.80
01-22275-0000-1 ETT Payable 1.51
01-22350-0000-1 Garnishments 993.32
01-22500-0000-1 Pre-Paid Legal 24.90
01-22600-0000-1 Health FSA 60.56
01-22700-0000-1 Disablity LTD 200.84
01-22800-0000-1 Accident 27.64
01-22900-0000-1 Life 105.55
01-22950-0000-1 Cancer-American Fidelity 14.40
01-24000-0000-1 Deposits 350.00
01-310-52200-0000-1 Contract Services 7,200.00
20-200-52200-0000-1 Contract Services 3,425.02
20-200-54000-0000-1 Fuel 105.62
20-200-57400-0000-1 Supplies - Operating 214.47
20-200-57800-0000-1 Telephone & Communic… 0.64
20-20800-0000-1 Pension Payable 273.56
20-22050-0000-1 Federal Withholding Pay… 17.84
20-22100-0000-1 FICA Payable 221.20
20-22150-0000-1 Medicare Payable 51.76
20-22200-0000-1 State Withholding Payab… 20.41
20-22250-0000-1 SUTA Payable 11.49
20-22275-0000-1 ETT Payable 0.28
24-210-52200-0000-1 Contract Services 8,876.06
25-000-52960-2303-1 Street & Roads (Capital) 680.49
25-000-52960-2304-1 Street & Roads (Capital) 680.49
25-000-52960-2305-1 Street & Roads (Capital) 682.54
25-000-52960-8290-1 RSTP/HIP West Side - Har… 325.00
25-000-52960-8425-1 Streets & Roads Capital 110,080.11
26-110-53100-8550-1 Grant Expenditure - ARP… 19,169.08
30-20800-0000-1 Pension Payable 2,151.02
30-22050-0000-1 Federal Withholding Pay… 1,128.05
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
30-22100-0000-1 FICA Payable 2,218.54
30-22150-0000-1 Medicare Payable 518.90
30-22200-0000-1 State Withholding Payab… 595.45
30-22250-0000-1 SUTA Payable 100.84
30-22275-0000-1 ETT Payable 2.52
30-22600-0000-1 Health FSA 83.07
30-22700-0000-1 Disablity LTD 35.39
30-22800-0000-1 Accident 27.45
30-22900-0000-1 Life 41.32
30-22950-0000-1 Cancer- American Fidelity 2.62
30-500-52200-0000-1 Contract Services 52.00
30-500-54000-0000-1 Fuel 198.22
30-500-55600-0000-1 Postage 19.91
30-500-57400-0000-1 Supplies - Operating 150.00
30-500-57800-0000-1 Telephone & Communic… 309.10
30-500-58050-0000-1 Utilities Other 143.56
30-500-58200-0000-1 Water/Soil/Other Analys… 113.50
31-20800-0000-1 Pension Payable 968.83
31-22050-0000-1 Federal Withholding Pay… 463.30
31-22100-0000-1 FICA Payable 887.52
31-22150-0000-1 Medicare Payable 207.58
31-22200-0000-1 State Withholding Payab… 286.19
31-22250-0000-1 SUTA Payable 12.00
31-22275-0000-1 ETT Payable 0.30
31-22600-0000-1 Health FSA 50.19
31-22700-0000-1 Disablity LTD 9.89
31-22900-0000-1 Life 10.39
31-22950-0000-1 Cancer-American Fidelity 2.62
31-505-42340-0000-1 Administration Fee -2,163.75
31-505-52400-0000-1 Contract Services - Refus… 89,478.06 31-505-52500-0000-1 Contract Services - Recyc… 11,179.33 31-505-55600-0000-1 Postage 19.91
31-505-57800-0000-1 Telephone & Communic… 63.14
32-20800-0000-1 Pension Payable 2,643.34
32-22050-0000-1 Federal Withholding Pay… 993.20
32-22100-0000-1 FICA Payable 2,712.60
32-22150-0000-1 Medicare Payable 634.28
32-22200-0000-1 State Withholding Payab… 590.21
32-22250-0000-1 SUTA Payable 166.26
32-22275-0000-1 ETT Payable 4.16
32-22350-0000-1 Garnishments 521.53
32-22600-0000-1 Health FSA 108.09
32-22700-0000-1 Disablity LTD 44.83
32-22900-0000-1 Life 24.28
32-22950-0000-1 Cancer-American Fidelity 2.60
32-510-52200-0000-1 Contract Services 104.00
32-510-54000-0000-1 Fuel 79.29
32-510-55600-0000-1 Postage 19.91
32-510-56600-0000-1 Repairs & Maintenance -… 284.35
32-510-57400-0000-1 Supplies - Operating 1,721.10
32-510-57800-0000-1 Telephone & Communic… 149.13
34-20800-0000-1 Pension Payable 295.78
34-22050-0000-1 Federal Withholding Pay… 85.80
34-22100-0000-1 FICA Payable 187.94
34-22150-0000-1 Medicare Payable 43.96
34-22200-0000-1 State Withholding Payab… 33.33
34-22700-0000-1 Disablity LTD 30.76
34-22800-0000-1 Accident 15.41
Expense Approval Report Payment Dates: 8/2/2023 - 8/15/2023 8/17/2023 1:24:09 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
34-22900-0000-1 Life 57.99
34-22950-0000-1 Cancer-American Fidelity 24.77
34-520-54000-0000-1 Fuel 158.58
Grand Total: 382,793.29
Project Account Summary
Project Account Key Payment Amount
**None** 382,793.29
Grand Total: 382,793.29
REGULAR CITY COUNCIL MINUTES
IN PERSON MEETING
August 10, 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 Pérez, Councilmember Gonzalez
Councilmembers Absent: None
OFFICIALS PRESENT
City Manager Williams, Chief of Police Knox, City Attorney Hodges, Community Development Director Saldana, Finance Director Viramontes, Human Resources Director McCuan, Public Works Director Ortiz, City Clerk Alvarado
Officials Absent: None
INVOCATION
Pastor Phil Corr
PLEDGE OF ALLEGIANCE
Mr. Woods
PET OF THE WEEK
Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter.
Chief of Police Knox presented the futured pet of the week to City Council Members and the Community. He informed that this pet was available for immediate adoption.
Chief Knox informed the community that they would be hosting a Community Night Out event and invited everyone to come join them on August 25, 2023 at 6:00 p.m. at Blanco Park.
PRESENTATIONS, INTRODUCTIONS AND AWARDS
None
PUBLIC COMMENTS
Opened: 6:03 p.m.
1. Phil Corr – Agenda item #8.
Closed: 6:04 p.m.
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 the Expense Report in the Amount of $571,917.55 from July 19, 2023 to August 1, 2023.
2. Approval of the Payroll Report in the Amount of $301,950.94 for July 2023.
3. Approval of July 13, 2023 Regular Meeting Minutes.
4. Approval of the July 27, 2023 Special Meeting Minutes.
5. Approval of the July 27, 2023 Regular Meeting Minutes.
Public Comments: None
Motion was made by: Councilmember A. Ayon to approve the entire consent agenda; 2nd by:
Councilmember Gonzalez
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
PUBLIC HEARINGS
6. Second Reading and Adoption of Ordinance No. 0006-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 8.22 AND AMENDING CHAPTERS 10.14.020,
18.04.010 AND 18.08 OF THE MCFARLAND MUNICIPAL CODE RELATING TO CODE COMPLIANCE.
• Staff Report: Community Development Director, Paul Saldana a. Opened Public Hearing and Receive Public Testimony: 6:06 p.m.
No Comments from the public were presented.
b. Closed Public Hearing: 6:06 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 adopt Ordinance No. 0006-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 8.22 AND AMENDING CHAPTERS
10.14.020, 18.04.010 AND 18.08 OF THE MCFARLAND MUNICIPAL CODE RELATING TO CODE COMPLIANCE; 2nd by: Councilmember A. Ayon.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
d. Mayor Ayon directed Staff to Post Within 15 days of its Passage in Designated Posting Locations.
7. Introduction and First Reading of Ordinance No. 0007-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL CODE
RELATING TO ABANDONED PREMISES
• Staff Report: Community Development Director, Paul Saldana stated for the record that there were some grammatical errors on the ordinance. He would have these errors corrected before adoption.
a. Opened Public Hearing and Receive Public Testimony: 6:10 p.m.
No comments from the public were presented.
b. Closed Public Hearing: 6:11 p.m.
c. Motion was made by: Councilmember A. Ayon to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Introduce Ordinance No. 0007-2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL CODE RELATING TO ABANDONED PREMISES; 2nd by: Councilmember Gonzalez.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
d. Mayor directed Staff to Schedule Second Reading and Adoption of Ordinance No. 0007- 2023 for the Next Regular City Council Meeting of August 24, 2023.
8. Introduction and First Reading of Ordinance No. 0008-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING SECTION 19.04.110(a) OF THE MCFARLAND MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PERMITTING. • Staff Report: Community Development Director, Paul Saldana a. Opened Public Hearing and Receive Public Testimony: 6:15 p.m.
Public Comments: 1. Phil Corr
b. Closed Public Hearing: 6:18 p.m.
c. Motion was made by: Councilmember A. Ayon to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only, and Introduce Ordinance No. 0008-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING SECTION 19.04.110(a)
OF THE MCFARLAND MUNICIPAL CODE RELATING TO COMMERCIAL
CANNABIS PERMITTING; 2nd by: Vice Mayor Cano.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
d. Mayor directed Staff to Schedule Second Reading and Adoption of Ordinance No. 0008- 2023 for the Next Regular City Council Meeting of August 24, 2023.
At this time Mayor Ayon asked for a motion to move item #11 on the agenda currently under the Administrative Agenda to be heard under Public Hearing Section.
Motion was made by: Councilmember Pérez and 2nd by: Councilmember A. Ayon to move Resolution NO. 2023-0094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE CLOSEOUT OF 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - CORONAVIRUS RESPONSE (CDBG-CV1, CV2, & CV3) CONTRACTS. Under the public hearing section on the agenda. Item was heard under Public Hearing.
11. Motion was made by: Councilmember A. Ayon to Approve of Resolution No. 2023-0094 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE CLOSEOUT OF 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - CORONAVIRUS RESPONSE (CDBG-CV1, CV2, & CV3) CONTRACTS; 2nd by: Councilmember Pérez.
a. Opened Public Hearing and Receive Public Testimony: 6:20 p.m.
Public Comments: 1. Phil Corr- Asked how much money was left over from the grant.
Community Development Director Saldana replied none.
b. Closed Public Hearing: 6:21 p.m.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
ADMINISTRATIVE AGENDA
9. Report, Discuss, and Possibly Approve Resolution No. 2023-0089 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITYS COMMUNITY GRANTS PROGRAM TO THE MCFARLAND LIONS CLUB #2351.
Public Comment Opened: 6:24 p.m.
1. Tim Gonzalez
2. Ron Woods
Public Comment Closed: 6:42 p.m.
Mayor S. Ayon requested motion to approve Resolution NO. 2023-0089 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITYS COMMUNITY GRANTS PROGRAM TO THE MCFARLAND LIONS CLUB #2351. no motion was made. Item failed due to lack of motion.
10. Motion was made by: Councilmember A. Ayon to Approve of Resolution No. 2023-0093 A
RESOLUTION OF THE CITY COUNCIL OF MCFARLAND AUTHORIZING SUBMISSION OF LETTER OF INTENT AND APPLICATIONS FOR FLOOD MITIGATION ASSISTANCE; 2nd by: Councilmember Pérez.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
11. Report, Discuss, and Possibly Approve of Resolution No. 2023-0094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE CLOSEOUT OF 2020
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - CORONAVIRUS RESPONSE (CDBG-CV1, CV2, & CV3) CONTRACTS- Item moved under Public Hearing Section.
12. Motion was made by: Councilmember A. Ayon to Approve of Resolution No. 2023-0095 A
RESOLUTION OF THE CITY COUNCIL OF MCFARLAND RESTATING FEES ESTABLISHED IN CHAPTER 10 AND CHAPTER 18 OF THE MUNICIPAL CODE; 2nd by:
Vice Mayor Cano.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
No comments from the public were presented.
13. Motion was made by: Vice Mayor Cano to Approve of Resolution No. 2023-0096 A
RESOLUTION OF THE CITY COUNCIL OF MCFARLAND DESIGNATING THE CITY
MANAGER OR HIS DESIGNEE AS THE AUTHORIZED REPRESENTATIVE AND
AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE EXPEDITED DRINKING WATER GRANT PROGRAM; 2nd by: Councilmember A. Ayon.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
No Comments from the public were presented.
14. Motion was made by: Councilmember A. Ayon to Approve of Resolution No. 2023-0097 A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7214 PHASE 5, 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; 2nd by: Councilmember Pérez.
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano, A. Ayon, M. Pérez, A. Gonzalez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus
No comments from the public were presented.
REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG) Mayor Ayon- Nothing to Report b. Kern Economic Development Corp. (KEDC) Mayor Ayon- Nothing to Report c. Kern Local Agency Formation Commission (LAFCO) Mayor Ayon- Nothing to Report d. Delano Mosquito Abatement District (DMAD) Vice Mayor Cano- Second round of spraying e. Poso Creek (IRWMP) Councilmember Gonzalez- Nothing to Report f. San Joaquin Valley Air Pollution Control District (SJV) Councilmember Ayon- Nothing to Report
g. Public Policy and Finance Committee- Mayor Ayon & Councilmember Gonzalez – Met h. Public Safety Committee – Mayor Ayon & Vice Mayor Cano – Met i. Quality of Life Committee – Councilmember A. Ayon & Councilmember Gonzalez – Meeting Cancelled
j. Cannabis Committee – Mayor Ayon & Councilmember Pérez – Nothing to Report
COUNCIL STATEMENTS AND REPORTS
1. Councilmember Pérez thanked the staff for their hard work and reminded the community to stay vigilant now that our children were back in session. She addressed her concern over the lose dog issue in our community and congratulated animal control for their commitment.
2. Councilmember Gonzalez thanked everyone for attending and Community Development Director Saldana.
3. Councilmember A. Ayon reiterated Councilmember Pérez’s comments about back-to-school children walking concerns. He encouraged mentors to get involved in coaching through the McFarland Unified School District.
4. Vice Mayor Cano thanked the Director of Operations, McFarland Police Department, Delano Mosquito Abatement, the Schools, and the community for their great work.
5. Mayor S. Ayon thanked the city council for their support the City Manger and Department Leaders. He stated that they are doing their best to be as transparent as possible and the audits would confirm that. Mayor assured he would help one way or another to raise funds for the McFarland Panthers Football program.
Open session adjourned at 7:05 p.m. City Council continued to Closed Session
CLOSED SESSION
1. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(b): four potential cases
2. Public Employment (Government Code §54957)
ADJOURNMENT
__________________________
Francisca Alvarado, City Clerk
1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
Paul Saldana, Community Development Director
DATE: August 24, 2023
SUBJECT: Report, Discussion, and Possible Approval of Ordinance No. 0009 -2023 amending McFarland Municipal Code Chapters 17.142 of Title 17 Zoning relating to Signs.
DISCUSSION:
The City of McFarland staff conducted an analysis of the sign ordinance within the McFarland Municipal Code and is recommending an amendment to reconstruct the procedure for sign reviews and regulate the type of signs that are allowed within the city limits. This analysis was completed by the Senior City Planner. Staff met with the Community Development Director, Planning Consultant, and Building Inspector to gain guidance and address any possible deficiencies that may arise in sign review application process. Staff took into consideration various sign types and sign ordinances from surrounding cities.
The provided draft amendment was created with the best intentions for the City of McFarland and to help provide the city with design and procedure regulations. The repeal and replacement made was ultimately the Community Development Department’s route in developing verbiage that is clear while encouraging consistency in design throughout the city.
On August 15, 2023, Planning Commission reviewed the resolution and staff report and recommends City Council approve the amendment of McFarland Municipal Code Chapters
17.142 of Title 17 Zoning.
Fiscal Impact:
This change will have no impact on the overall budget of the city. 2 | Page
Staff Recommends Council to introduce the ordinance amendment, open a public hearing, and direct staff to bring back for a second reading and possible adoption at the next regular city council meeting.
Attachments:
I. Ordinance No. 0009-2023
II. Public Hearing Notice
Recommendation:
Ordinance No. 0009-2023
AN ORDINANCE OF THE CITY OF MCFARLAND
AMENDING TITLE 17, CHAPTER 17.142 OF THE
MCFARLAND MUNICIPAL CODE TO HEREBY REPEAL
AND REPLACE IN ITS ENTIRETY.
Section 1. Recitals
WHEREAS, The City of McFarland (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to Sign Ordinance;
WHEREAS, The Ordinance Amendment updates the Municipal Code to codify the definition of various sign types, and the Standards for, and Process, Procedures, and Permits necessary for Signs;
WHEREAS, On August 15, 2023 at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony;
WHEREAS, after the above-mentioned public hearing, the Planning Commission approved Resolution No. 2023-0003-PC, which recommends that the City Council adopt this Ordinance and;
WHEREAS, on August 24th, 2023, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from city staff, oral and written testimony from members of the public and;
WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Title 17, Chapter.142 of the McFarland Municipal Code.
WHEREAS, Adoption of this Ordinance is in furtherance of the City’s goals and objectives while reducing the potentially negative impacts arising from potentially deficient and/or incomplete/incompatible Municipal Code Chapters.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLOWS:
Section 2. Chapter 17.142 of the McFarland Municipal Code is hereby repealed and replaced in its entirety to read as follows:
17.142.010 - Purpose and Intent
A. The purpose of this chapter is to promote the growth of the city in an orderly manner and regulate sign structures in compliance with the Outdoor Advertising Act as codified in Business and Professions Code sections 5200 et seq. Signs that cause distraction and represent potential safety hazards as well as aesthetic problems are either discouraged or prohibited. Although signs can be overwhelming and a nuisance, when managed properly they can be considered an essential economic and visual element of any community. It is the city’s policy and intent to regulate all signs in a manner that is consistent with applicable state and federal laws. Through the following general objectives and provisions of the chapter, the city intends to:
1. Enhance the economic and aesthetic value of the community through regulation of such things as types, number, area, height, location, and illumination of signs.
2. Encourage signs that are harmonious with adjacent land uses and projects.
3. Enhance the character and attractiveness of commercial properties. As well as increasing property values by prohibiting obstructive or incompatible signs.
4. Ensure signs are expressive and serve primarily in identifying, attracting, and directing people to various activities and enterprises.
5. Regulate the number of signs to ensure quality of appearance and prevent sign clutter.
6. Promoting and maintaining healthy commercial centers and property values by minimizing unsightly competition among signs.
7. Encourage signs that are well-designed, aesthetic, provide an incentive, and are properly related and spaced.
8. Encourage a desirable urban character and small-town image.
9. Provide a reasonable amortization period for the removal of non-conforming signs.
10. All while preventing adversely effecting residential neighborhoods.
17.142. 020 – Definitions
A. For the purposes of this chapter the following terms as used herein are defined as follows:
1. Sign: Any card, cloth, paper, metal, painted, stone, concrete or wooden surface of any character placed for purposes of delivering a message on or affixed to the ground or any wall, tree, bush, rock, fence, building, structure, or thing, either publicly or privately owned, which includes advertising signs as defined herein.
2. Advertising Sign: Shall mean a rigidly assembled sign, display, or device attached or affixed to the ground or attached to the building or other inherently permanent structure, including the advertising display's supporting structure, which constitutes or is used for the display of a commercial message to the public which may or may not exclusively pertain to the premises on which the display is located.
3. Display Surface: Is the area made available by the sign structure for the purpose of displaying the advertising message.
4. Outdoor Advertising Business: Shall mean the business or occupation of placing, erecting, constructing, or maintaining of advertising signs.
5. Off-Site Advertising Sign: All signs intended or used to advertise, inform, or attract the attention of the public to activities conducted on property other than the property where the sign is located.
6. Nonconforming: Signs that were lawfully placed, but that do not conform to the provisions of this chapter that were enacted subsequent to the date of placing said sign. This also encompasses signs that were lawfully in existence outside the city limits prior to annexation of that property where the sign is located into the city and signs that where lawfully in existence prior to any zoning changes or amendments to this chapter rendering the signs not in compliance with this chapter.
7. Conforming signs: Signs that are in accordance with a set of standards, expectations, or specifications of this ordinance.
17.142.030 - Permanent Sign Standards for allowable signs.
The following are standards for specific types of signs. Each sign must comply with the sign type, area, height, and other restrictions provided by this section, in addition to the provisions of section 17.142.040.
Table 1. Sign Regulations by Use
Sign Type Maximum
Number
Maximum
Sign area
Maximum
Sign height
Location Lighting
Allowed
Other
Regulations
Commercial, Office, and Industrial Signs
Wall signs 1 per
street or
parking lot
frontage,
plus 1 per
secondary
bldg.
frontage
1 sq. ft. per
lineal ft. of
primary
building.
/Tenant
frontage,
plus 0.5 sq.
ft. per
lineal ft. of
secondary
building
frontage.
Below eave,
below
fascia, or
Parapet wall
Centered on
building.
wall or
tenant
frontage.
Yes Signs shall be
placed flat
against the
wall.
Freestanding
monument
1 per
street
frontage
32 sq. ft. 6 ft. 5 ft. setback
from R-OW
Yes
Awning and
Canopy signs
1 per
awning or
canopy
50% of
valance or
canopy
fascia with
8-inch
maximum
height
letters
Awning
valance flap
or canopy
fascia only
Awnings on
1st story
window and
doors only
No
Projecting
Signs
1 per
tenant
frontage
6 sq. ft. Bottom of
sign
minimum of
8 ft. above
sidewalk
1st floor of
building, 3
ft.
maximum
projection
No
over public
sidewalk.
Real Estate
Signs
1 per
street
frontage
32 sq. ft. Wall below
eave, 6ft.
for
monument
Yes
Permanent
Window Sign
1 per 1st
story
window or
glass door
25% of
each
window
glass area.
Area is
cumulative
for both
temporary
and
permanent
signs
1st story
window or
glass door
No
Pylon Signs,
freestanding
signs, or pole
signs
1 per
street
frontage
5 ft. setback
from R-OW (Right of
way)
Yes -Multi-tenant
shopping
centers share
sign
monument or
pylon sign.
-Pylon signs
listing food,
goods, and
services
essential for
motor
vehicles are
allowed in
close
proximity to
freeway
entrances.
Murals and
Prints
1 per
building
Same as a
“Wall
Sign”;
however,
the
exception
is when
mural has
Same as a
“Wall
Sign”;
however,
the
exception is
when mural
has no
advertising
Murals shall
only be
permitted
on the side
or rear walls
of
buildings.
No
no
advertising
Institutional, Churches
Wall or
monument
1 per
property
32 sq. ft Wall below
eave, 6 ft.
for
monument
Yes
Service Station Sign
Freestanding
monument
1 per
street
frontage
100 sq. ft.,
(fuel price
signs not
counted in
maximum
sign area)
20 ft. yes
17.142.040 - General Provisions for Permanent Signs
A. Change or Vacation of Business. When the name of a business or the location changes, or upon vacating a business location, the business or property owner shall remove the sign copy that advertised the previous business. At no time shall a sign cabinet remain empty and without a copy panel so that the internal lighting and electrical fixtures are exposed. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque panel (face) shall be installed in the sign cabinet structure.
B. Frontage Allocation Not Transferable. No sign or sign area allowed on one frontage shall be transferred to another frontage.
C. Murals and prints. Prior to painting or installing a mural on any building in the City of McFarland, an application shall be submitted for review by the Community Development Department. The Community Development Department will then make recommendation to the Planning Commission who will approve, conditionally approve or deny any proposed mural.
1. Murals shall only be permitted on the side or rear walls of buildings.
2. No part of a mural shall be illuminated or contain electrical or mechanical components, or changing images, or automated methods that result in movement, the appearance of movement, or change of mural image or message.
3. The mural's theme, content, scale and layout shall reflect consideration of its location, surrounding properties and the environment.
4. Paint, or any other medium that is to be applied to the mural shall be appropriate for use in an outdoor setting for an artistic rendition and shall be of a permanent, long-lasting variety.
D. Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding public rights-of-way, street, roads, or neighboring properties. The following standards shall apply to all illuminated signs:
1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
2. Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding fifteen watts.
3. Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within one hundred feet of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless they identify as an establishment open for business during those hours.
4. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
5. Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratories (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
6. Only energy conserving light sources – LED or equivalent.
E. Maintenance
1. All signs and sign structures including those otherwise specifically exempt from the provisions of this chapter, including all parts, portions, and materials, shall be maintained in good repair and structurally sound. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city.
Noncompliance with the notification shall constitute a public nuisance.
F. Alterations.
1. Existing signs shall not be physically altered (except for routine general maintenance and repair), moved, or relocated unless the sign complies with all provisions of this chapter. Legal, nonconforming signs shall comply with the requirements of the Nonconforming Signs section.
G. Removal.
1. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
H. Businesses.
1. All businesses in C-0, C-1, C-2, M-1, M-2, and M-3 are required to have a sign identifying the business.
17.142.050 - Non-Conforming Signs
Nothing in this chapter prohibits the city of McFarland from enforcing the provisions of this chapter against non-conforming signs and conforming signs by exercising its power to remove the sign pursuant to California Business and Professions Code Section 5412.
The following provisions are applicable to non-conforming signs:
A. Continuation and Maintenance.
1. A legal, non-conforming sign may be continued, except as provided in subsection (C) of this section, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with the municipal code.
2. Routine maintenance and repairs may be performed on a non-conforming sign.
3. A non-conforming sign shall not be replaced, altered, reconstructed, relocated, or expanded in any manner unless and until the sign is made to conform with the provisions of this chapter. This shall not be construed to prevent ordinary maintenance and minor repairs as required by the building inspector.
B. Alterations and Enlargements
1. Each non-conforming sign shall be made to conform to the provisions of this chapter or removed at the sole cost of the owner thereof when any of the following events occur:
a) There is a change in ownership of the property; inheritance by a member of a deceased owner's family shall not be deemed to constitute a change in ownership;’
b) There is a change in ownership of the sign or advertising sign. If the sign is owned by an outdoor advertising business, any change of fortynine percent or more of the ownership interest in the outdoor advertising business shall constitute a change in ownership of the sign or advertising sign;
c) A sign permit has been issued pursuant to the provisions of this chapter permitting the installation or construction of a new or additional sign on the property.
2. Nonconforming signs shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and current standards for sign area, height, setback, or illumination.
C. Restoration.
1. A non-conforming sign destroyed or damaged to an extent exceeding fifty percent of its replacement cost immediately prior to deconstruction or damage, shall not be continued in use or maintained thereafter and shall be removed or made to conform with the provisions of this chapter within thirty days of the date of said destruction or damage.
2. If a non-conforming sign reaches a state of disrepair or dilapidation and is not removed or made to conform to the provisions of this chapter within thirty days of the date of said damage or destruction, whereby the same constitutes or tends to constitute a hazard to the health, safety and welfare of the citizens of the city of McFarland the same shall be declared a public nuisance and after due notice and opportunity for a hearing thereon be abated by removal thereof.
3. 17.142.060 - Temporary Signs
A Temporary Sign Permit is required. A temporary sign permit, issued by the Community Development Department, shall be approved prior to the placement or erection of a promotional temporary sign in all nonresidential zoning districts.
A. In recognition of the fact that provisions need to be allowed for temporary signs and signs notifying the public of services, events, and activities, the following specialized signs are allowed under the conditions stated:
1. Event signs
a) Event signs may be approved by the Community Development Director as a means of publicizing events, such as grand openings, carnivals, parades, charitable events, community holiday activities, and other events. The events can be commercial or non-commercial. Special event signs shall be limited to the following provisions:
i. Special event signs within windows shall be limited to covering no more than twenty-five percent of the window area per building elevation of the ground floor only;
ii. Signs shall be limited per business or property owner to forty-five days per calendar year. This time may be utilized in any combination of durations; however, the number of special events shall not exceed five per calendar year, and those single events shall not exceed a duration of fifteen consecutive days.
2. Sign shall not exceed a total area of one hundred feet, and may include the name, symbol or logo of the business or sponsor, but in no event shall such name or logo exceed onefourth the total committed copy area. a) Community Development Director shall determine whether or not sign comports to the purpose of the city's sign ordinance and the neighborhood surrounding its location and may limit the size and location of the sign to achieve the purpose of the sign ordinance.
B. Durable materials required for temporary signs. They shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of nonrigid (e.g., paper) material.
C. Temporary signs for the purpose of advertising current specials may be permitted on an ongoing or permanent basis provided they are mounted in a permanent structure which is architecturally compatible with the building and site, and which was designed and is maintained specifically for such purpose.
D. Temporary signs and their components shall be promptly removed at the expiration of the temporary use permit.
E. Temporary signs shall not be illuminated.
F. A total of three offsite advertising signs for a twelve-month period containing any commercial or non-commercial message may also be approved by the Community Development Director.
1. The Community Development Director shall also determine whether or not the sign comports with the purpose of the city sign ordinance and the neighborhood surrounding its location and may limit the size and location of the signs to achieve the purposes of the sign ordinance.
2. No temporary sign can be approved, which adversely affects neighboring properties.
17.142.070 - Prohibited Signs
A. The following signs are inconsistent with the purposes and standards of this chapter and are prohibited in all zoning districts except where noted:
1. Cabinet (can) signs that are mounted flush against a building wall, except for corporate logos. Cabinet signs with opaque backgrounds and illuminated letters are allowed as projecting signs only.
2. Electronic message signs except time and/or temperature signs
3. Signs that advertise an activity, business, service, or product no longer conducted or sold on the premises thirty days after the discontinuance or abandonment, except signs listed on, or eligible for, the city’s vintage sign inventory.
4. Signs that blink, flash, or move in any manner, have any portions that move, or have the appearance of moving, except for signs listed in the vintage sign inventory, clocks, time, and temperature displays, and public service signs.
5. Balloons, lighter-than-air devices, and inflatable signs and objects, except as may be allowed through temporary sign permit.
6. Banners, pennants, ribbons, spinners, streamers, or other similar devices, except as specifically allowed through a temporary sign permit.
7. Any type of sign mounted on the roof of a building, including mansard roofs, and similar architectural roof-like elements.
8. Advertising, banners, bills, cards, notices, placards, posters, signs, stickers, or other devices designated to attract attention of the public that are posted or otherwise affixed upon any street, street furniture, right-of-way, public sidewalk, crosswalk, curb, EV charging stations, lamppost, fencing, fire hydrant, tree, alley, telephone pole, public telephone, lighting system, or other public alarm, or communication system.
9. Signs emitting audible sounds, odors, or visible matter.
10. Signs which stimulate in color or design a traffic sign or signal, or which make use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic, as determined by the planning commission.
11. Signs utilizing paper, cloth, plastic, or any material that is permitted to hang loose or dangle from any sign.
12. Any advertising sign permanently attached or affixed to the ground that does NOT contain the name of the person owning or maintaining the same plainly displayed thereon.
13. Vehicle Signs of Any Type. Vehicles, including trailers, wagons and similar utility vehicles shall not be utilized as support for any mobile, portable, or stationary signs, or conspicuously parked or left standing so as to constitute a sign. There shall not be maintained on any vehicle or trailer parked in a public right of way, or on public or private property in order to be visible from a public right of way, which is attached to, located on or leaning against such vehicle or trailer, any sign for the purpose of providing advertisement of a business, service or products, directing people to a business activity located on the same or other property for any purpose. This prohibition shall not apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a commercial or business vehicle used in the conduct of such business provide it is not parked on the site being advertised abutting a public right of way, to bumper stickers, to placards identifying the vehicle itself as being for sale, or to window stickers on vehicles in any vehicle sales lot.
14. Other than allowed under Section 17.142.080, no sign shall be placed or maintained on property adjacent to a freeway, highway or interstate highway within the city limits of the city of McFarland if the sign is designed to be viewed primarily by persons traveling on such freeway.
a) The sign will be deemed to be designed to be viewed primarily by persons traveling on such freeway, highway, or interstate highway if the display surface is angled ninety degrees or less to the centerline of the subject freeway, highway or interstate highway.
b) Centerline of the freeway, highway or interstate highway means a line equidistant from the edges of the median separating the main traveled way of a divided highway or freeway, or the centerline of the main traveled way of a non-divided highway or freeway.
c) For purposes of this chapter, the terms freeway, highway, and interstate highway are defined by the California Outdoor Advertising Act, Business and Professions Code sections 5212 (Freeway); 5213 (Highway) and 5215 (Interstate Highway).
For the purposes of this chapter, these definitions are incorporated herein as though fully set forth.
15. All signs intended or used to advertise, inform, or attract the attention of the public to activities conducted on property other than the property where the sign is located or also known as offsite advertising signs.
16. Temporary signs shall not be illuminated.
17. Signs are not allowed at home occupations.
17.142.080 - Exemptions from the permit requirements
A. The following signs are exempt from other requirements of this chapter if developed and maintained in compliance with the provisions of this section. All routine general maintenance and repair of signs shall be exempt from the building permit approval.
1. Political election signs.
a) Political election signs are permitted to be placed on private property in the city subject to the following regulations.
i. Signs shall not be erected sooner than sixty days before the election and shall be removed within thirty days following the election; ii. The owner of the property on which the sign is placed shall be responsible for removal;
iii. Signs shall not be placed on private property without the consent of the property owner. No such sign, either free-standing or posted on any object, shall be placed, or erected on public property, within a public right-of-way, or by any maintained parkway-landscaped area. iv. Signs shall not exceed an area of twelve square feet and a height of six feet in residential districts, and twenty-four square feet and a height of eight feet in commercial/industrial/agricultural districts. v. Political signs may not be attached to trees, fence posts, or utility poles except on private property where written permission from the property owner has been obtained.
2. Signs within interior spaces.
a) Signs within an interior arcaded, courtyard, mall, stadium, ballpark, or other similar private or public recreational use, not intended to be seen from a public street or adjacent property.
3. Accessory signs.
a) Signs manufactured as a standard integral part of a mass-produced accessory to a commercial or public or semi-public use, including automated teller machines, gasoline pumps, and EV charging stations. The signs may contain the company’s name and/or logo only. No advertising message shall be provided.
4. Affiliation signs.
a) Signs that provide notices of services (e.g., credit cards accepted, trade affiliations). Signs or notices shall not exceed one square foot in area for each sign, and no more than three signs shall be allowed for each business.
5. City-owned signs.
a) Signs owned and operated by the city for community benefit. This includes City light post banners.
6. Site address.
a) Limited to two for each street address. Individual numbers and letters shall have a minimum height of four inches and width of two inches and shall not exceed a height of eight inches for residential uses and twenty-four inches for nonresidential.
7. Identification signs on construction sites.
a) Such signs shall be limited to one directory or pictorial display sign per street frontage or entrance up to a maximum of two signs, identifying all contractors and other parties (including lender, realtor, subcontractors, etc.).
Each sign shall not exceed thirty-two square feet in area and eight feet in height.
Each sign shall be removed prior to issuance of certificate of occupancy.
8. Future tenant identification signs.
a) One wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project and where contact information may be obtained. One sign per street frontage, not to exceed thirty-two square feet in area and eight feet in height.
9. Residential Real Estate/ open house signs.
a) For residential sales, signs shall be limited to one per street frontage not exceeding four square feet in area and four feet in height, with no illumination.
10. Traffic control signs.
a) Any approved highway directional signs, railroad signal signs, public utility signs and other signs as required by law to regulate traffic and promote the public safety as long as the sign does not include a commercial business name or logo.
11. Banners.
a) Banners that are used on the property to which their message pertains and banners containing non-commercial messages that do not exceed fifty square feet in area may be used for a single period not to exceed thirty days. Banners, however, may not be displayed for more than sixty days in a single calendar year without first obtaining a permit pursuant to this chapter.
12. Public/community message signs.
a) Notices posted on public bulletin boards or public kiosk designed for such notices.
b) Community message signs that the city council may establish or erect, or have established and erected, on publicly owned non-residential property, other than a right-of-way, a community message sign.
13. Freeway Oriented Signs.
a) The planning commission may approve freeway-oriented signs identifying a premise where food, lodging and places of business engaged in supplying goods and services essential to the normal operation of motor vehicles, and which are directly dependent upon an adjacent freeway. These signs shall be subject to the following regulations in addition to the other regulations contained within this chapter:
i. The signs shall be within C1, C2, PCD, M1, M2 or M3 zone districts; and shall be within a close proximity to an off-ramp from State Highway 99;
ii. The planning commission shall determine if the location and business and service offered satisfy the criteria and intent of this section, and the definition of a freeway oriented sign;
iii. The planning commission shall also determine whether or not the sign comports with the purpose of the city’s sign ordinance and the neighborhood surrounding its location and may limit the size and location of the sign to achieve the purpose of the sign ordinance; iv. The sign may be illuminated upon approval of the Planning Commission provided that the illumination does not adversely affect neighboring properties or streets.
v. Maximum of 500 ft. from the on and off ramp.
17.142.090 – Construction and Maintenance
A. All signs shall be constructed in compliance with all applicable building codes and electrical codes pertaining to construction and setbacks.
1. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this subsection. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations. a) Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces of twenty pounds per square foot of exposed surface. b) Seismic Loads. Signs and sign structures shall be designed and constructed to resist seismic forces in compliance with the city of McFarland's Building Codes.
2. Materials. Materials utilized for signs and sign structures shall be of the quality and grade specified for buildings in the Building Code.
3. The space below or surrounding the base of any sign erected pursuant to this chapter shall be kept clear of any debris, cables, loose materials other than those reasonably necessary to support the structure.
4. All signs and sign support structures, together with their supports, braces, guys, and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times.
17.142.100 - Permits and permitting process.
A. The permit requirements procedures are:
1. Permits. A sign, except for those identified in 17.142.080 of this chapter, shall not hereafter be painted, placed, pasted, printed, tacked, fastened, constructed, erected, re-elected, installed, altered, or otherwise constructed or maintained without first obtaining a permit from the City of McFarland in accordance with the provisions of this chapter. A permit shall be required for signs as set forth in this chapter and a separate permit shall also be required for each group of signs on a single supporting structure. Additionally, electrical permits shall also be obtained from the building inspector for all electrified signs.
2. Application for Sign Review and Permit. Application for sign review and permit shall be made in writing on forms furnished by the city clerk. The application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owners of the sign structure and the real property where it is to be located and the sign contractor or erector. All sign applications shall include a scale drawing and be prepared in such a manner as to accurately reflect the final product and materials used. The Planning Commission may require the filing of plans or other pertinent information when such information is necessary to ensure compliance with this chapter.
3. Review of Sign Review Application. All sign applications will be reviewed by City Planner prior to going to Planning Commission for determination. Sign may also be reviewed by the City Engineer.
4. Sign Review Fees. A sign review fee shall be paid to the city at the same time the sign review application is submitted for consideration. The amount of the fees be in accordance with the fee schedule established by resolution of the city council.
Sign review deposit is made with application submittal.
5. Timing of Decision on Permit Application. All applications for permits to erect, reerect, construct, alter, or re-locate a sign within the city of McFarland will be voted on by the planning commission within one hundred twenty days of the receipt of the completed application and full payment of the application fees. a) The applicant will be notified by the planning commission’s decision in writing within fourteen days of this vote. Said notification will be sent via U.S. mail to the address stated in the application.
b) Should the planning commission request additional information or documentation from the applicant said time for voting will not commence to run until the applicant has complied in full with the planning commission’s requests.
c) The failure of the planning commission to vote and/or to mail the notice of decision to the applicant as stated above will result in the automatic denial of the application which is immediately appealable to the city council of the city of McFarland.
6. Sign review Denial – Sign review Revocation and Appeals:
a) All rights and privileges acquired under a permit issued pursuant to this chapter or any amendment thereto, are mere licenses revocable at any time by the planning commission and all such permits shall contain this clause. b) Permit issued in accordance with this chapter shall be revoked by the planning commission if it is found that the permit holder has erected and maintained any sign in violation of this chapter.
c) Should any applicant who has had his application for a permit denied or any permit holder who has had his permit revoked is dissatisfied with the planning commissions’ decision, may, no later than ten days after the notice of such decision was deposited in the United States mail, make written objection to the City Council and filed with City Clerk. Said objection will be set on the agenda and addressed at the next regularly scheduled meeting of the city council of McFarland no later than ninety days following the filing of the objection with the city clerk of the city of McFarland. The applicant or permit holder shall be given written notice of the hearing no less than three days prior to the hearing.
The city council may sustain, suspend, or overrule the decision of the planning commission, which decision shall be final and conclusive. d) Pending the hearing, any sign existing pursuant to a permit that has been revoked may remain in place until a final decision is rendered by the City Council.
7. Sign Permit.
a) After Planning Commission determination, building inspector will review for permit consideration.
b) A permit fee will be due to the Building Inspector at time of permit issuance.
8. Signs Erected Pursuant to Permit. All signs constructed pursuant to a permit issued by the City of McFarland shall be subject to the requirements of the Building Codes and Ordinances of the City of McFarland.
INTRODUCED, at a regular meeting of the City Council of the City of McFarland, California on the 24th day of August 2023, by the following vote:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the 14th day of September 2023, by the following vote:
Aye Nae Abstain Absent
Saul Ayon
Maria T. Perez
Anita Gonzalez
Amador Ayon
Ricardo Cano
_______________________________
Saul Ayon, Mayor
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a regular meeting thereof held on September 14, 2023.
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney
NOTICE OF PUBLIC HEARING
Ordinance Amendment to Title 17 Zoning subject to Amending Sections 17.142 at City Council Chambers
(103 Sherwood Ave, McFarland)
Notice is hereby given that the City Council of the City of McFarland will conduct a public hearing, at which time you may be heard to consider the following:
• Consideration and adoption of a Resolution of the McFarland Planning Commission Recommending Amendments to Sections 17.142 of Title 17 Zoning in the McFarland Municipal Code to the City Council.
Notice is further given that the City Council of the City of McFarland, California, will conduct a public hearing, at which time you may be heard to consider the following:
• Consideration and adoption of an Ordinance of the City Council of the City of McFarland Approving Amendment of Sections 17.142 of Title 17 Zoning in the McFarland Municipal Code to the City Council.
Regular McFarland Planning Commission Public Hearing Information Date: August 15, 2023
Time: 6:00 PM
Place: City of McFarland Council Chambers, 103 W. Sherwood Avenue, McFarland, CA 93250
Join on-line: Facebook Webpage at:
https://www.facebook.com/cityofmcfarland/
Regular McFarland City Council Public Hearing Information Date: August 24, 2023
Time: 6:00 PM
Place: City of McFarland Council Chambers, 103 W. Sherwood Avenue, McFarland, CA 93250
Join on-line: Facebook Webpage at:
https://www.facebook.com/cityofmcfarland/
Notice is hereby given that the City Council of the City of McFarland will conduct a public hearing, at which time you may be heard to consider the following:
• Consideration and adoption of an Ordinance of the City Council of the City of McFarland Approving Amendment of Sections 17.142 of Title 17 Zoning in the McFarland Municipal Code to the City Council.
These meetings shall be held in person at the City of McFarland Council Chambers, located at 103 W.
Sherwood Avenue, McFarland, CA 93250. Additionally, these meetings shall be broadcast for listening and/or viewing purposes only via Facebook. To access the meetings for viewing or listening purposes only, please use the following information:
Join on-line: Facebook Webpage at: https://www.facebook.com/cityofmcfarland/ Members of the public are encouraged to participate by providing public comment at the meetings. The agenda of the Regular City Council Meeting will be posted at least 72 hours prior to the meeting. The meeting the agendas will be posted at https://www.mcfarlandcity.org/AgendaCenter. Please check the agendas for any modifications to how the meetings may be conducted and for ways in which the public can participate.
Description of Project:
The City of McFarland staff conducted an analysis of the sign ordinance within the McFarland Municipal Code and is recommending an amendment to reconstruct the procedure for sign reviews and regulate the type of signs that are allowed within the city limits. This analysis was completed by the City Planner.
Staff met with the Community Development Director, Planning Consultant, and Building Inspector to gain guidance and address any possible deficiencies that may arise in sign review application process.
Staff took into consideration various sign types and sign ordinances from surrounding cities. The provided draft amendment was created with the best intentions for the City of McFarland and to help provide the city with design and procedure regulations. The repeal and replacement made was ultimately the Community Development Department’s route in developing verbiage that is clear while encouraging consistency in design throughout the city.
Regular McFarland City Council Public Hearing Information Date: September 14, 2023
Time: 6:00 PM
Place: City of McFarland Council Chambers, 103 W. Sherwood Avenue, McFarland, CA 93250
Join on-line: Facebook Webpage at:
https://www.facebook.com/cityofmcfarland/
Additional information on the proposed project and proposed environmental finding may be obtained from the City of McFarland, City Hall, 401 W. Kern Avenue, McFarland, CA 93250, or the City’s web site at www.mcfarlandcity.org.
All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address anycommunications or comments regarding the project to Francisca Alvarado, City Clerk, at 401 W. Kern Avenue, McFarland, CA 93250, (661) 792-3091, [email protected]
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Paul Saldana, Community Development Director
DATE: August 24, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 0007-2023 adding Chapter 15.40 of the McFarland Municipal Code regarding abandoned premises.
DISCUSSION:
At the July 24, 2023 City Council meeting, the Mayor referred an item to staff to prepare a discussion item regarding actions the City can take regarding abandoned premises. Staff has prepared a draft ordinance that prescribes a process for the city to abate buildings that are abandoned or in significant disrepair, subject to meeting outlined criteria. The ordinance also sets a registration fee and process for property owners who choose to maintain a vacant building, including property maintenance requirements and posting of notices to the public.
The City previously adopted the International Property Maintenance Code as part of the update of the Uniform Building Code and has investigative structures in place through the Uniform Building Code and the Municipal Code to ascertain the condition of the building. These ordinances will be used in addition to the new Municipal Code section to address abandoned premises. The proposed ordinance also prescribes an appeal process for property owners to appeal the decision to abate and the abatement costs to the City Council.
FISCAL IMPACT:
No fiscal impact.
RECOMMENDATION:
Staff recommends that the City Council open the public hearing to receive public testimony, read ordinance by title only and motion for adoption Ordinance No. 0007- 2023 AN ORDINANCE OF THE CITY OF MCFARLAND ADDING CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL CODE RELATING TO ABANDONED PREMISES.
ATTACHMENTS:
1. Ordinance No. 0007-2023
1 ORDINANCE NO.0007-2023
AN ORDINANCE OF THE CITY OF MCFARLAND ADDING
CHAPTER 15.40 OF THE MCFARLAND MUNICIPAL
CODE RELATING TO ABANDONED PREMISES
Section 1. Recitals
WHEREAS, the City of McFarland (the “City”) has the authority under Article XI, Section 7 of the California Constitution, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on December 8th, 2022 the City Council adopted Ordinance No. 0011-2022 adopting the uniform building codes and
WHEREAS, the adoption of the uniform building codes included adoption of the International Property Maintenance Code and
WHEREAS, the Municipal Code contains provisions for the enforcement and abatement of hazardous buildings; and
WHEREAS, the City can compel the maintenance of buildings and premises in compliance with the Uniform Codes; and
WHEREAS, the City has the authority to establish policies and processes, consistent with the Uniform Code, to address property maintenance, including the abandonment of buildings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLOWS:
Section 2. Chapter 15.20 is hereby added to the McFarland Municipal Code to read as follows:
CHAPTER 15.0 ABANDONED PROPERTIES
15.20.010 Intent.
It is the purpose and intent of the City Council, through the adoption of this chapter, to enact an "abandoned and vacant property registration ordinance" as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties and properties that are vacant and to strengthen the ability of the local jurisdiction to control the public nuisances created by these properties. Nothing in this chapter shall be interpreted to allow or encourage circumvention of the foreclosure statutes of the state of California.
15.20.020 Definitions.
For the purposes of this chapter, certain words and phrases are defined as follows:
"Abandoned" means a property that is vacant/abandoned for a period of at least thirty (30) consecutive days, and is not currently being offered for sale, rent or lease by the owner/responsible party as evidenced by the absence of a sign posted on the subject property advertising the property for sale, rent, or lease with contact information and current phone number and/or the absence of an active listing in an approved electronic database accessible to the public. "Abandoned" also means properties where the current owner of record has provided notice to the beneficiary that they no longer have an interest in the property and/or will no longer be making the outstanding payments on the mortgage, or which also meet at least one (1) of the following conditions:
1. Is open and unsecure;
2. Is damaged by fire, flood, weather, or vandalism to an extent which prohibits safe human occupancy, unless they have an active building permit for the repair or demolition; 2 3. Is occupied by squatters or person(s) who do not have a legal right to reside on the property and/or is the site of loitering or vagrancy;
4. Is under notice and order for being in violation of City ordinances;
5. Has been secured or boarded up for at least thirty (30) days;
6. Has utilities disconnected or not in use;
7. Is under a condemnation notice or legal order to vacate;
8. Is structurally unsound; or
9. Is a potential hazard or danger to persons or properties.
Properties that may not be required to register with the City code compliance division are properties currently being offered for sale, rent, or lease as evidenced by a sign posted on the subject property advertising the property for sale, rent, or lease with contact information and current phone number and/or an active listing in an electronic database accessible to the public. "Accessible" means a property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecured gate, door, fence, wall, window, or other point of entry.
"Agreement" means any agreement or written instrument which provides that title to property shall be transferred or conveyed from one (1) owner to another owner after the sale, trade, transfer, or exchange.
"Beneficiary" means a lender or other entity under a note secured by a deed of trust. "Buyer" means any person, co-partnership, association, corporation, or fiduciary that agrees to transfer anything of value in consideration for property described in an agreement of sale. "Days" means consecutive calendar days.
"Deed in lieu of foreclosure" means a recorded document that transfers property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Deed of trust" means an instrument wherein legal title in real property is transferred to a trustee, which holds it as security for a loan (debt) between a borrower and lender. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary of the deed of trust.
This definition applies to any and all subsequent deeds of trust, i.e.; second deed of trust, third deed of trust, etc.
"Default" means the failure to fulfill a contractual, monetary, or other obligation. "Distressed" means a property that is vacant/abandoned for a period of at least thirty (30) days, that is under a current notice of trustee's sale or that has been the subject of a foreclosure sale by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure. A distressed property also means one that is under a foreclosure order or is advertised for sale by its mortgagee. It almost always refers to a property that is damaged or in poor physical condition due to the owner's precarious financial situation.
"Evidence of occupancy" means any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include, but are not limited to, secured/locked structures; active utility services; the absence of overgrown and/or dead vegetation; the absence of an accumulation of newspapers, circulars, flyers, and/or mail; the absence of an accumulation of trash, junk, and/or debris; the presence of window coverings such as curtains, blinds, and/or shutters; the presence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.
3 "Evidence of vacancy" means any condition visible from the exterior that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is not legally occupied. Such conditions include, but are not limited to, open and/or unsecured structures; overgrown and/or dead vegetation, dry brush, and/or weeds; accumulation of newspapers, circulars, flyers, and/or mail (except those by federal, state, or local law); past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; discarded personal items including, but not limited to, furniture, clothing, large and small appliances; the absence of window coverings such as curtains, blinds and/or shutters; the condition of or absence of furnishings and/or personal items consistent with residential habitation; and statements by neighbors, passersby, previous owners or tenants, delivery agents, government employees, or others that the property is vacant. "Foreclosure" means a specific legal process in which a lender attempts to recover the balance of a loan from a borrower who as stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan to satisfy the debt if the trustor (borrower) defaults. "Inspection" means a physical investigation at a property to obtain evidence of occupancy or vacancy and/or to verify compliance with this chapter and any other applicable ordinances, codes or laws. Although interior inspections may be allowed, they are not required by this chapter. "Neighborhood standard" means those conditions that are consistent on a simple majority of properties within a three-hundred-foot radius of the subject property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three-hundred-foot radius, shall not be counted toward the simple majority. "Owner" means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Property manager/real estate owned (REO) section/department" means the individual, entity, group, section, department, or the designee of a beneficiary that is responsible for inspecting, securing, and maintaining abandoned and REO property.
"Residential and commercial property" means any improved or unimproved real property, or portion thereof, situated in the unincorporated areas of the City of McFarland, designed or permitted to be used for dwelling and/or business purposes, and shall include all buildings and structures located on such property. This includes any real property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted and/or zoned for such use.
"Responsible party" means either: (1) the owner of a vacant/abandoned parcel of real property; or (2) the holder or owner of the mortgage, deed of trust, or similar instrument encumbering real property ("mortgagee") during any time when an owner of real property is in default under the terms of that mortgage, deed of trust, or similar instrument; or (3) both the owner and the mortgagee.
"Securing" means such measures as may be directed by the director of community development department or his/her designee so that the property is continuously maintained so as not to be accessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, and the repair or boarding of doors, windows, and/or other openings. Boarding shall be completed to a minimum of the current department of housing and urban development (HUD) securing standards at the time the boarding is completed or required.
Locking includes measures that require a key, keycard, special tools, or special knowledge to open or gain access. The boards shall be painted to color match the structure. "Substitution of beneficiary of deed of trust" means an instrument that transfers the beneficial interest under a deed of trust from one (1) beneficiary to another. 4 "Trustee" is the person, firm, entity, or corporation holding a deed of trust secured by the property.
"Trustor" is a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant" property means any property, including any buildings and/or structure thereon that is not legally occupied.
15.20.030 Responsible parties for compliance.
A. The responsible party, as defined in this chapter, shall comply with all provisions of this chapter, including, but not limited to, maintenance of real property for which they are responsible in accordance with the provisions of this chapter, and in accordance with all other applicable provisions of the local, state, and federal law.
B. In all instances, the responsibility of a mortgagee to comply with this chapter shall be and remain in effect from the date that the mortgagee gives the owner notice of a default under the terms of the mortgage, or when the owner has provided notice to the mortgagee that they are releasing their interest in the property to the mortgagee, whichever first occurs, until such time as the subject property is sold or transferred to a new owner or until any foreclosure action is dismissed.
15.20.040 Recordation of transfer of loan/deed of trust/substitution of beneficiary of deed of trust.
Within thirty (30) days of the purchase and/or transfer of a loan/deed of trust secured by property, the new beneficiary/trustee shall record with the Kern County Recorder's Office or a database approved by the County such as mortgage electronic registration systems (MERS), a substitution of beneficiary of deed of trust, or similar document, that lists the name of the corporation, entity and/or individual, and the mailing address and contact telephone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust.
15.20.050 Registration and inspection of abandoned real property or real property at risk of abandonment.
Any owner of property, responsible party, beneficiary, or their designee, of property located within the City who has abandoned that real property or who intends to abandon the real property shall register the property with the City within thirty (30) calendar days of such action.
Responsible party for such property shall also perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, within thirty (30) days of the property becoming vacant/abandoned. If the property is found to be vacant or shows evidence of vacancy, it is deemed abandoned and the responsible party/beneficiary shall, within thirty (30) days of the inspection, register the property as provided below.
Registration may be accomplished by either of the following methods:
A. By completing and returning to the Community Development Department a Cityprovided registration form with required fee; or B. By registering with a City-approved database that contains the information set out below and which service the City may readily access at no cost.
Nothing in this section shall prohibit the use of both methods of registration. 5 From time to time, the City may approve an acceptable national database(s) which shall be identified in writing and which shall be posted on the community development department's website.
If the property is occupied but remains in default, it shall be inspected by the responsible party/beneficiary/owner, or their designee, monthly until (1) the trustor or another party remedies the default; or (2) it is deemed abandoned. The responsible party/beneficiary/owner or their designee shall, within ten (10) days of that inspection, register the property as described above.
The registration shall contain the name of the beneficiary/responsible party/owner, the direct street/office mailing address of the responsible party/beneficiary/owner (no P.O. boxes), a direct contact name and telephone number for the responsible party/beneficiary/owner in addition the name, address and telephone number of at least one (1) of the following parties who is responsible for inspecting, securing and maintaining the property; the property management company, field service provider, and the property preservation or real estate owned (REO) section/department.
In the case of hard copy registration under subsection (A) of this section, an initial registration fee shall accompany the registration form. The registration shall be maintained with current information for as long as the registered property remains subject to this chapter. Any changes to the information required on the registration shall be reported to the director of community development department or his/her designee in writing within ten (10) days of the change. The City is not responsible to verify the accuracy of the information provided.
This section shall also apply to property that has been the subject of a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property transferred under a deed in lieu of foreclosure.
Property subject to this chapter shall remain under the registration requirement, security, and maintenance standards of this section as long as the property remains abandoned.
It is the obligation of the responsible party/beneficiary/owner to inform the City of any pending action or changes of status in such actions, such as a bankruptcy, other court or administrative action that would prohibit the responsible party/beneficiary/owner from taking any of the actions required by this chapter.
15.20.060 Registration fees.
The annual fee for registering an abandoned residential property shall be five hundred dollars ($500.00). Registration fees will not be prorated. Renewal is due every twelve (12) months, on the original registration date.
15.20.070 Maintenance requirements.
The exterior of the property shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material, or any other items that give the appearance that the property is abandoned.
The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
Insofar as there is existing or previously existing landscaping, all visible front, side, and rear yard landscaping shall be maintained to the neighborhood standard at the time registration was required. If no landscaping previously existed at the property in front, side, and rear yards, installation is not required under this chapter.
6 Maintenance shall include, but not be limited to, items such as the following: watering, cutting and mowing of landscaping, removal of yard waste and debris, exterior painting, glass replacement repairs to a building or other structure, or other acts reasonably necessary to maintain acceptable cosmetic appearance of the property, including any building or structure on the property, and to maintain the structural integrity of any building or structure on the property.
Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges, trees or similar plantings, decorative rock or bark, or artificial turf/sod designed specifically for residential installation.
Pools and spas shall be maintained so the water remains free and clear of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum-security fencing requirements of the State of California.
Adherence to this section does not relieve the beneficiary/responsible party/owner of any obligations set forth in any liability or compliance with any other rules and regulations which may apply to the property.
15.20.080 Security requirements.
The beneficiary/responsible party/owner shall secure and maintain properties subject to this chapter so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, the closing and locking of windows, doors (walkthrough, sliding, and garage), gates, and any other openings of such size that may allow access to enclosed areas of the property or to buildings and structures on the property. Walls and fences surrounding the property or any portion of the property shall be maintained in good repair.
Broken windows or other openings shall be secured by reglazing or boarding to prevent unlawful entry. Locking includes measures that require a key, keycard, special tools, or special knowledge to open or gain access.
The beneficiary/responsible party/owner or their designee shall perform at least monthly inspections to verify that the requirements of this chapter are being met.
If the beneficiary/responsible party/owner does not have property preservation or real estate owned section/department or performs the service themselves, a field service provider or property manager shall be contracted to perform the inspection to verify that the requirements of this chapter, and any other applicable laws, are being met.
The property shall be posted with name and twenty-four-hour toll-free contact phone number of the beneficiary/responsible party/owner or property preservation, real estate owned section/department, field service provider, or property manager. The posting shall be no less than eight and one-half (8½) inches by eleven (11) inches and shall contain, along with the name and twenty-four-hour toll free contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or similar wording. The posting shall be placed on the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street; if no such area exists, it shall be posted in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials.
The property preservation/real estate owned section/department, field service provider, property manager, or their designee shall inspect the property on a monthly basis, to determine if the property is in compliance with the requirements of this chapter and any needed repairs shall promptly be made within seven (7) days.
7 15.20.090 Additional authority.
In addition to the enforcement remedies established in Chapters 8, 10 and 17 of the City of McFarland Municipal Code, the City Manager, or his/her designee, shall have the authority to require the beneficiary/responsible party/owner of any property affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any/all doors, windows, or other openings, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property.
15.20.100 Enforcement.
The City Manager or his/her designated representative, are directed and empowered to investigate and enforce the provisions of this chapter. They are authorized to inspect any property where a violation of this chapter is alleged to exist. They may take code enforcement actions in accordance with Chapters 8, 10, 17 and other appropriate chapters of the City's Municipal Code or other laws and regulations as necessary to protect the public health and safety.
15.20.110 Appeals.
Any person aggrieved by any of the requirements of this chapter may appeal insofar as such appeal is allowed under Chapter 8.20.100.
15.20.120 Enforcement, violations and penalties.
A. Misdemeanor. Any person, firm, corporation, owner of the land, or possessor who violates or who causes, permits, or allows a violation of any provision of this title is guilty of a misdemeanor and is subject to penalties and procedures as described in Chapter 1.12.010 of the Municipal Code, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City jail for not exceeding six (6) months, or by both such fine and imprisonment. Each day the violation of this title continues shall be considered a separate offense.
B. Administrative Penalties. In addition to the other provisions contained in this chapter, property owners of any property in violation of the provisions of this title are subject to the regulations pertaining to the imposition and collection of administrative penalties as provided for in Chapter 18 of the Municipal Code.
C. Abatement Proceeding (Modified). Any property, building, or structure maintained contrary to the provisions of this chapter is declared to be unlawful and a public nuisance, and the City Manager or his/her designated representative shall commence action or proceedings for the abatement and removal and/or enjoinment thereof in the manner provided by this Municipal Code or may take such other steps such as apply to such court or courts as may have jurisdiction to grant relief as will abate the public nuisance by boarding up unsecure property, cleaning of property, or demolition of the structure, as necessary.
D. Recovery of Costs. This section establishes procedures for the recovery of costs incurred by the City in the enforcement process and/or for the abatement of conditions defined as a violation by this chapter.
1. Definition of Costs. For the purpose of this chapter, costs shall mean all costs incurred by the City, including, but not limited to, administrative costs, staff time expended and reasonably related to the violation enforcement and/or abatement cases, attorney's fees, investigation, site inspection and monitoring, reports, telephone contacts, correspondence, photography labs, consultants, and meetings with affected parties.
2. Cost Accounting and Recovery Required. The enforcement personnel shall maintain records of all costs incurred by responsible City departments associated with the enforcement process pursuant to this chapter and shall recover the costs 8 from the property owner as provided by this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the department.
3. Notice of Cost Recovery Requirements. The enforcement personnel shall include in the notice of violation a statement of the intent of the City to charge the property owner for all costs associated with enforcement, and of the owner's right to a hearing if he or she objects to such charges. The notice shall state that the property owner will receive, at the conclusion of the enforcement case, a summary of costs associated with the processing of the enforcement case. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the City Council within thirty (30) days of service of the summary of charges, pursuant to subsection (D) of this section.
4. Summary of Costs. At the conclusion of the enforcement case, the enforcement personnel shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice which states that if the owner objects to the charges, a request for hearing must be filed as provided by subsection (5) of this section, and that if no such hearing is requested, the owner's right to object will be waived, and he or she will be fully liable for the charges, to be recovered as a special assessment against the property to be collected at the same time and manner as the property taxes, or through a civil action in the name of the City, in any court of competent jurisdiction within the City.
5. Hearing on Objection to Charges. Any property owner who receives a summary of costs pursuant to subsection (4) of this section shall have the right to a hearing before the City Council on his or her objections to the proposed costs, as follows:
a. Request for Hearing. A request for hearing shall be filed with the community development department within thirty (30) days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs. b. Scheduling of Hearing. Not less than ten (10) days of the filing of the request for hearing, and on thirty (30) days written notice to the owner, the City Council shall hold a hearing on the owner's objections and determine the validity thereof.
c. Decision by the City Council. In determining the validity of the costs, the City Council shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, whether the present owner created the violation, whether there is a present ability to correct the violation, whether the owner moved promptly to correct the violation, the degree of cooperation provided by the owner, and whether reasonable minds can differ as to whether a violation exists. The decision of the City Council shall be final.
6. Collection of Charges. In the event that no request for hearing is filed pursuant to subsection (5) of this section or after a hearing, the City Council affirms the validity of the costs, the property owner shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the building official.
The City shall be reimbursed for all of the costs within forty-five (45) days from the date of decision pursuant to subsection (5) or, if no appeal is filed, within thirty (30) days from the mailing of the summary of costs pursuant to subsection (4). Payment may be received at the community development department.
Delinquent fees shall be subject to a penalty of twenty-five percent (25%) of the total summary of costs. If payment is not received, such costs may be collected as a special assessment against the property and collected at the same time and manner as the property taxes or may be recovered in a civil action in the name of the City in any court of competent jurisdiction within the City.
15.20.130 Severability.
9 Should any provision, section, paragraph, sentence, or word of this chapter be determined or declared invalid by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this chapter shall remain in full force and effect.
Section 2. Notice. The City clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
Section 4. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.
Section 5. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
INTRODUCED, PASSED at a regular meeting of the City Council of the City of McFarland, California on the 10th day of August, 2023, by the following vote:
ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the 24th day of August, 2023, by the following vote:
Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
Amador Ayon
Maria T. Perez
_______________________________
Saul Ayon, Mayor
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a regular meeting thereof held on August 24, 2023.
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
____________________________
Nathan Hodges, City Attorney
CITY OF MCFARLAND
STAFF REPORT
TO:
FROM:
DATE:
Honorable Mayor and Council Members
Kenny Williams, City Manager
Nathan Hodges, City Attorney
Paul Saldana, Community Development Director
August 24, 2023
SUBJECT: Second reading and adoption of Ordinance No.0008-2023 amending Chapter
19.04.110(a) of the Municipal Code.
DISCUSSION:
Chapter 19.04.110(a) of the Municipal Code outlines the zoning designations for which commercial cannabis activity may occur within the City, subject to meeting certain requirements as outlined further in Title 19.
Under Government Code Section 65865 et seq the City may enter into a development agreement with a property owner to establish the use of property, building requirements and other conditions, terms, restrictions, and requirements for the use of the property. The proposed ordinance would require a development agreement for commercial cannabis activity within the C-2 zone.
Any proposed commercial cannabis activity in a C-2 would be subject to the requirements of Title 19 related to commercial cannabis as well as all applicable building code and zoning requirements in the Municipal Code.
FISCAL IMPACT:
No fiscal impact.
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 0008-2023 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING SECTION 19.04.110(a) OF THE MCFARLAND
MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PERMITTING ATTACHMENTS:
1. Ordinance NO. 0008-2023
1 ORDINANCE NO. 0008-2023
AN ORDINANCE OF THE CITY OF MCFARLAND
AMENDING SECTION 19.04.110(a) OF THE MCFARLAND
MUNICIPAL CODE RELATING TO COMMERCIAL
CANNABIS PERMITTING
Section 1. Recitals
WHEREAS, the City of McFarland (the “City”) desires to codify its Municipal Code Chapter related to permitted uses with the commercial cannabis activity ordinance; and WHEREAS, the City Council desires to amend Section 19.04.110(a) to provide for a development agreement for commercial cannabis within the C-2 zone; and WHEREAS, California Government Code Section 65865 et seq. provides authority to the City to enter into a development agreement to establish the use of property, building requirements and other conditions, terms, restrictions and requirements for the development and use of land.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLOWS:
Section 2. Chapter 19.04.110(a) is hereby amended and adopted to read as follows:
“Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1 limited Manufacturing, M-2 Light Manufacturing, M-3 General Manufacturing, zoning districts. Commercial cannabis activity is prohibited in all other zoning districts of the City, excepting therefrom, commercial cannabis activity authorized within C-2 Commercial zone districts with an approved Development Agreement only” Section 2. Notice. The City clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
Section 4. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.
Section 5. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
INTRODUCED, PASSED at a regular meeting of the City Council of the City of McFarland, California on the 10th day of August, 2023, by the following vote:
ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the 24 day of August, 2023, by the following vote:
Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
Amador Ayon
2 Maria T. Perez
_______________________________
Francisca Alvarado, City Clerk
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a regular meeting thereof held on August 24, 2023.
ATTEST:
_____________________________
Saul Ayon, Mayor
APPROVED AS TO FORM:
____________________________
Nathan Hodges, City Attorney
1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
DATE: August 24, 2023
SUBJECT: Report, Discuss, and possibly Approve Resolution Number ______ approving the transfer of the Franchise Agreement for Residential and Commercial Solid waste Services from R&F Disposal to USA Waste of California, Inc.
SUMMARY:
On January 16, 2020 the city of McFarland and R&F Disposal entered into a Franchise Agreement for Residential and Commercial Waste (WM) services for the city of McFarland.
Recently the city received a letter from R&F Disposal indicating they had reached an agreement to sell certain assets to USA Waste of California (WM), whereas WM would acquire the Franchise Agreement to provide solid waste service to the city of McFarland. The letter indicated the agreement would commence at the end of August of 2023.
In consultation with the city attorney, the city determined there were multiple items required by R&F Disposal before the transfer could occur. The city provided a list of the required information to R&F Disposal and on August 16, 2023 the city received all necessary information back from the R&F Disposal.
City staff and the City attorney reviewed the information from R&F and determined the information provided was acceptable to allow for the transfer of the Franchise Agreement from R&F to WM.
RECOMMENDATION:
Staff recommends council Report, Discuss, and possibly Approve Resolution number ____approving the transfer of the Franchise Agreement for Residential and Commercial Solid waste Services from R&F Disposal to USA Waste of California, Inc.
FISCAL IMPACT:
There will be a $35,000 administrative fee provided to the city for the transfer of the Franchise Agreement
ATTACHMENT:
I. Franchise Agreement
II. List of required information
III. Resolution
RESOLUTION NO. 2023-00____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING THE TRANSFER OF THE FRANCHISE AGREEMENT FOR
RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICES FROM R&F DISPOSAL TO USA WASTE OF CALIFORNIA, INC.
WHEREAS, On January 16, 2020, the City Council of the City of McFarland approved a Franchise Agreement between the City and R&F Disposal; and WHEREAS, R&F Disposal desires to transfer the Franchise Agreement to USA Waste of California Inc. per a sales agreement; and
WHEREAS, The City Council recognizes the Franchise Agreement allows for such sale and transfer; and
WHEREAS, The City Council recognizes there were multiple items required by R&F Disposal before the transfer could occur; and
WHEREAS The City Council recognizes that city staff and the city attorney believe the information received from R&F was acceptable to allow for the transfer of the Franchise Agreement from R&F to USA Waste of California Inc. 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 and incorporated herein as if set forth in full.
2. The City of McFarland (“City”) desires to approve the transfer of the Franchise Agreement; and
3. The City of McFarland acknowledges that the approval of the transfer of the Franchise Agreement provides Disposal services in the same terms and conditions agreed to in the original agreement; and
4. The City Manager is hereby authorized and directed to proceed with the transfer of the Franchise Agreement, and.
5. The City Clerk shall certify to the passage and adoption of this resolution.
6. This resolution is effective immediately.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 24TH day of August, 2023 by the following vote:
Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
Amador Ayon
Maria T. Perez
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.
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CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Paul Saldana, Community Development Director
DATE: August 24, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0100 approving the recordation of Final Map (Phase 2) and Subdivision Agreement (Phase 2) with Leora, LLC for Tract 7393.
DISCUSSION:
Leora, LLC, as sub-divider for Tract Map No. 7393 has submitted the Final Tract Map for phase2 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. The form subdivision agreement created for phase 1 of Tract 7393 is proposed for use for phase 2 and is in accordance with City standards.
FISCAL IMPACT:
The construction project is fully funded by developers and the sub-divider has paid the final map and recording fees.
RECOMMENDATION:
Report, Discuss, and Possible Approval of Resolution No. 2023-0100 approving the recordation of Final Map (Phase 2) and Subdivision Agreement (Phases 2) with Leora, LLC for Tract 7214..
Approval is 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:
I. Resolution NO. 2023-0100
II. Tract 7393, Phase 2
III. Improvement Agreement
RESOLUTION No. 2023-0100
A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 2, 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 for Tract Map No. 7393, has submitted the Final Map for Tract Map No. 7393 Phase 2 in the City of McFarland; and WHEREAS, the Tentative Tract Map No. 7393 Phase 2 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 2 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 determines as follows:
1.) The foregoing recitals are true and correct and incorporated herein as if set forth in full.
2.) The City Council approves the Final Maps for Tract Map No. 7393 Phase 2.
3.) The City Council approves the recordation of Final Map, contingent upon the receipt of required improvement bonds and subdivision guarantee with final certification.
4.) The City Council authorizes the City Clerk to endorse the Final Map for Tract Map 7393 Phase 2.
5.) The City Council authorizes the City Engineer to transmit the Final Map to the County Clerk’s Office for recordation.
6.) The City Clerk shall certify to the passage and adoption of this resolution.
7.) This resolution is effective immediately.
I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of McFarland on the 24th day of August 2023.
Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
Amador Ayon
Maria T. Perez
_______________________________
Saul Ayon, Mayor
City of McFarland, California
ATTEST:
________________________________
Francisca Alvarado, City Clerk
City of McFarland, California
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. ____________ (“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
$________
$________
$__________
(hereinafter “Estimated Total Costs”)
FORM OF IMPROVEMENT
SECURITY:
[x] Surety Bonds
[ ] Deposit of Money
[ ] Other: ________________
NAME AND ADDRESS OF
SURETY:
CHICAGO TITLE INSURANCE COMPANY
SURETY BOND NUMBERS: __________________
EFFECTIVE DATE OF
AGREEMENT:
__________________
COMPLETION PERIOD: 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 2 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 ___________, 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:
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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.
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.
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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
Surety Bond
1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams City Manager
Serrena McCuan, HR Director
DATE: August 24, 2023
SUBJECT: Report, Discuss, and Possible Approve the employment agreement between the city and Brian Knox for the chief of police position and approve resolution number 2023- allocating funds from the general fund for the appointment.
SUMMARY:
On March 5, 2023 the city promoted Brian Knox to the interim Chief of Police position with the understanding he would be evaluated as the potential candidate for the permanent chief of police position after a six month period.
On August 5, 2023 Chief Knox was evaluated by the city manager and received an overall rating of satisfactory. Knox’s performance included his success in filling almost all allocated positions, replacing the outdated fleet with newer patrol vehicles, activating the new drone program, implementing the new cadet program, hiring an experienced dispatch supervisor, revamped the use of force training, and updating multiple policy and procedures to improve the efficiency and effectiveness of the McFarland Police Department.
His experience includes over twenty-five years of various assignments as a Kern County Sheriff deputy which include detentions, the sexual assault investigation unit, the homicide investigation detail, substation assignment, and the last four years as a sergeant in the metropolitan patrol section.
Knox is currently in the process of finishing his bachelor’s degree and is expected to graduate in November of 2023.
FINANCIAL IMPACT:
The recommended employment agreement is for a total salary of $120,000. Currently the interim chief of police position is funded for fiscal year 23/24 at $98,493.72. The increase to the general fund would be as follows:
Base Salary: $21,506.28
Payroll Taxes: $ 1,645.23
401K Benefit: $ 2,150.63
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Total Increase: $25,302.14
RECOMMENDATION:
Staff recommends City Council Report, Discuss, and Possible Approve the employment agreement between the city and Brian Knox for the chief of police position and approve resolution number 2023- allocating funds from the general fund for the appointment.
ATTACHMENT:
I. Job Description
II. Employment agreement
III. Resolution No. 2023-
RESOLUTION NO. 2023-00__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
APPROVING AN ADDITIONAL ALLOCATION OF FUNDS TO THE POLICE
DEPARTMENT BUDGET FROM THE GENERAL FUND
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2023/2024; and
WHEREAS, the approved 2023/2024 fiscal year budget allocated $98,493.72 towards the interim Chief of Police position; and
WHEREAS, the City Council has approved a contract for the permanent Chief of Police in the amount of $120,000 plus benefits.
WHEREAS, the City desires to allocate an additional $25,302.14 to the Police Department from the General Fund for the Chief of Police base salary, payroll taxes, and 401K benefit; 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 and incorporated herein as if set forth in full. 2) A total amount of $25,302.14 shall be allocated to the budget line for the Chief of Police position from the City’s General Fund.
3) The increased allocation shall be in full force and effect.
4) The City Manager is hereby authorized and directed to allocate funds appropriately. 5) The City Clerk shall certify to the passage and adoption of this resolution. 6) This resolution is effective immediately.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 24th day of August 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
EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT
This employment agreement (“Agreement”) is made on this 24th day of August, 2023, by and between the City of McFarland, a Municipal Corporation (“City”), and Brian Knox (“Knox”).
The City and Knox are collectively referred to as the “Parties” where appropriate. Once effective, this Agreement shall replace and supersede any prior employment contracts or agreements between the Parties, which are hereby deemed rescinded and of no further effect, except where indicated within this Agreement.
RECITALS:
WHEREAS, the City Council now wishes to engage the services of Knox as the City’s Chief of Police; and
WHEREAS, the position of Chief of Police is an “at will” position, not subject to the City’s personnel rules; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Hire. City acknowledges that it will hire Knox as its Chief of Police as of August 24, 2023 (“Effective Date”). Knox and the City agree to the terms and conditions of this Agreement.
Knox shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.
3. “At-Will” Employment. Knox’s employment with City is at the sole will, discretion, and pleasure of the City. The City Manager may fix any such additional terms and conditions of employment, as they may determine from time to time, relating to Knox’s performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Municipal Code, or any other law.
The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Knox unless made expressly applicable, except that all policies and regulations related to the prevention of harassment, discrimination and retaliation shall apply to Knox.
This Agreement is not intended to, or does it confer any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate Knox’s employment. Subject to State and
EMPLOYMENT AGREEMENT
Federal law, nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of the City to terminate the services of Knox.
4. Duties.
a. Chief of Police. Employee accepts employment with the City as its Chief of Police and agrees to perform all functions, duties, and services as promulgated by City regulations and procedures, the City Manager, and the Chief of Police job description, including, but not limited to the following:
• Plans organizes, directs, and supervises the activities of police personnel in preserving order, protecting life and property, and enforcing laws and ordinances. • Prepares the Department budget and controls Department expenditures. • Makes recommendations for the purchase of equipment and supplies. • Plans for future departmental growth, with regard to additional police services and research programs relative to their specific application to the Department and community. • Reviews Department operations, researches modern police management methods, and formulates and enforces rules, procedures, and policies for efficient operation of the Department.
• Works with individual Citizens and community groups on law enforcement problems and to improve police-community relations.
• Attends county, regional, and State police conferences as needed, and meetings with other public officials.
• Investigates and determines proper courses of action on citizen complaints. • Coordinates law enforcement activities with the activities of other City departments and other law enforcement agencies.
• Researches and recommends the adoption of new, or the deletion of old, ordinances for the overall benefit of the community.
• Reviews the evaluation of employee performance, investigates personnel problems, and takes whatever action is deemed appropriate.
• Directs the development and implementation of a departmental in-service training program. Appears as a guest speaker for business, civic, school, or other community groups.
• Approves and submits all monthly and yearly departmental statistical reports. • Interviews and makes recommendations on the employment of new personnel and supervises background investigations on police officer applicants. • Makes recommendations on promotions, transfers, or dismissals. Prepares special reports related to department operations.
• May be assigned special projects or additional areas of responsibility by the City Manager. • Makes every reasonable effort to continually improve the manner in which the job is performed and increase the quality of service to the public..
5. Term. Except as hereinafter described, the term of this Agreement shall be for one (1) year commencing on the Effective Date. The term of this contract shall automatically renew for an additional one (1) year on the effective date of each subsequent year, unless mutually agreed by both parties to renegotiate the terms of this contract. The termination of this contract may be accomplished pursuant to the provisions of Section 6 of this Agreement.
EMPLOYMENT AGREEMENT
6. Termination. Knox’s “at-will” employment as Chief of Police may be terminated as follows:
a. Resignation. If Knox elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days' written notice. Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties. b. Retirement. If Knox elects to retire, He shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner. c. Termination “Without Cause.” City reserves the right to terminate this Agreement and Knox's employment as Chief of Police at any time, “without cause” or advance notice.
d. Termination “With Cause.” The City reserves the right to terminate this Agreement and Knox’s employment at any time, “with cause.” “Cause” shall include, but not be limited to:
i. Willful misconduct or gross negligence;
ii. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences; iii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause;” iv. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendere, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause;” v. Knox’s death; or
vi. If Knox is determined by a court of competent jurisdiction of the State of California’s Fair Political Practices Commission to have knowingly and unlawfully participated in a governmental decision I which he had a conflict of interest as defined in Government Code Section 87100 et seq. or Government Code Section 1090 et seq.;
vii. Knox’s permanent disability if such disability precludes Knox from performing His essential job duties for more than six (6) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act.
EMPLOYMENT AGREEMENT
7. Salary and Benefits. Knox’s salary and other benefits for all work or services called for under this Agreement shall be as follows:
A. Salary. Commencing on the Effective Date, Knox’s annual salary shall be one hundred and Twenty thousand dollars ($120,000), which shall be paid in bi-weekly pay periods.
Any salary increases shall be implemented by written amendment to this Agreement and upon approval by the City Council.
B. Vacation. Knox shall receive eighty (80) hours of vacation leave, commencing on the effective date. At the end of each year of Knox’s employment, any unused vacation hours shall be cashed out prior to His accrual of an additional eighty (80) hours.
C. Sick Leave. Knox shall accrue eight (8) hours of sick leave per month of employment.
The balance of sick leave shall not exceed any maximum accrual amounts set forth in the City's Employee Handbook. Unused sick leave will not be paid out upon termination or expiration of this Agreement.
D. Administrative Leave. Knox shall receive forty (40) hours of administrative leave per year, commencing on the first day of each year of his employment. Administrative leave will not carry over calendar years. At the end of each year of Knox’s employment, any unused hours shall be cashed out prior to His accrual of an additional forty (40) hours.
E. Holiday and Other Leaves. Knox shall receive the same leaves, holidays, and other time off as provided to other employees at the City.
F. Health Insurance Benefits. City shall provide health insurance coverage for Knox and hisfamily consistent with the health insurance benefits provided to City employees.
Knox may waive this health insurance coverage so long as he has proof of other group coverage in accordance with the Affordable Care Act, (i.e. is not purchasing coverage from the exchange).
G. Term Life Insurance. The City shall pay the premiums for a group life insurance policy consistent with the City employee handbook. Knox shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest in Knox.
H. Vehicle. Knox shall be assigned a take home vehicle and the City shall be responsible for all associated maintenance and fuel costs associated with the use of such vehicle.
Knox must adhere to all City policies and procedures regarding the use of City vehicles.
I. Cell Phone. City shall provide Knox with a cell phone purchased by City to be used by Knox exclusively for performance of His duties under this Agreement and City shall pay the monthly charges for the cell phone data usage. Alternatively, at Knox’s election, City will pay Knox an allowance of $50.00 per month for use toward His personal cell phone and data plan. Knox acknowledges that use of the City provided
EMPLOYMENT AGREEMENT
cell phone, or His personal cell phone, for City business may be subject to such usage to disclosure under the California Public Records Act.
J. Retirement. City represents and Knox acknowledges that City is not a CalPERS agency for retirement purposes. The City shall contribute the equivalent of ten percent (10%) of Knox’s salary annually to Knox’s 401(k) or deferred compensation retirement account. Knox shall choose whether he wants the contribution made to His 401(k) or deferred compensation account, or a combination of both.
K. Expenses. City shall reimburse Knox for all reasonable out-of-pocket expenses incurred while performing the duties described in this Agreement, which may include travel, meals, lodging expenses, and parking fees. Knox shall submit a receipt and a description of the expenses to the City’s Finance Director within thirty (30) days of the date each expense is incurred as a condition of obtaining reimbursement.
L. Education Expenses. Beginning January 1, 2023 until January 1, 2024 the City shall reimburse Knox for all tuition and textbook costs up to $10,000 total, while attending college for his bachelor’s degree. Knox shall submit a receipt and a description of the expenses to the City’s Finance Director.
a. If Knox terminates his employment with City without Good Reason or City terminates Knox’s employment for Cause before the third anniversary of the effective date of this Agreement, then Knox shall repay the after-tax value of the Education Expenses to City within 10 days following the termination of employment. This is a full recourse obligation to Knox, meaning that Knox is personally liable for any repayment obligation under this Agreement. i. For purposes of this Agreement, cause shall include, but not be limited to the reasons listed in 6(d) of this Agreement.
ii. For purposes of this Agreement, Good Reason means:
1. City fails to maintain fiscal strength enough to retain Knox’s employment.
2. City unlawfully discriminates against Knox.
b. For the avoidance of doubt, Knox will not be required to repay any Education Expenses if (i) his employment terminates after the third anniversary from the effective date of this Agreement for any reason, (ii), in the event of Knox’s death or termination due to Knox’s disability, or (iii) Knox’s employment is terminated by City without Cause or by Knox for Good Reason; provided that, in each case, except upon termination due to death, Knox executes and does not revoke a release of claims in a form reasonably satisfactory to City within 30 days after such termination.
EMPLOYMENT AGREEMENT
8. Bonding and Indemnification. City shall bear the full costs of any fidelity or other bond required of Knox under any law or ordinance. City shall defend, save harmless and indemnify Knox from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against Him in His individual capacity or in His official capacity as Chief of Police, provided the Claims arise while Knox is acting within the course and scope of His employment and provided He did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.
9. Evaluation. The City Manager shall evaluate Knox after the first six (6) months of the Term of this Agreement. The City Manager shall have the right to establish the format and the forms to be used.
10. Notices. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid or by electronic mail (Email) or, if notice is given to City, if sent by confirmed facsimile, addressed as follows:
City Knox
City Manager, City of McFarland Brian Knox
401 West Kern Avenue
McFarland, California 93250
Email: [email protected]
Either party may change His or its address by providing written notice to the other party in the manner described herein.
11. General Provisions.
A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes any and all prior agreements – including the Parties’ Consulting Agreement – promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.
C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement
EMPLOYMENT AGREEMENT
shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may only be amended by a writing executed by all parties.
E. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
F. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
G. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
H. Assignment. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as City may choose to impose.
I. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
J. Merger And Modification. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing, approved by the City Council and signed by all the parties.
K. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.
L. Execution. This Agreement is effective August 20, 2023 It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
M. Non-Interest. Except for Knox, no officer or employee of City shall hold any interest in this Agreement (California Government Code section 1090).
EMPLOYMENT AGREEMENT
N. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
O. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Knox, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of His office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of His office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of His office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.
During the term of this Agreement, Knox shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.
Knox represents that He has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to him, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.
EMPLOYMENT AGREEMENT
P. Independent Legal Advice. City and Knox represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Knox further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective on the day and year first above written:
EMPLOYMENT AGREEMENT
Dated: CITY OF MCFARLAND
By: _________________________
Saul Ayon
Title: Mayor
Dated: EMPLOYEE
By: _________________________
Brian Knox
APPROVED AS TO FORM:
By:
Nathan M. Hodges, Esq.
Hodges Law Group
City Attorney
Attachments:
Exhibit A: City of McFarland Position Description – Chief of Police 1 | Page
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams / City Manager
Serrena McCuan/HR Director
DATE: August 24, 2023
SUBJECT: Report, and Discuss, the elimination of the Executive Administrative Assistant position and provide direction on the creation of the Administrative Assistant II.
SUMMARY:
On June 22nd, 2023, during a closed session, the city council provided direction for the city manager to eliminate the Executive Administrative Assistant position and create three separate Administrative Assistant positions. The positions were to establish a series of the Administrative Assistant (AA) positions, being AAI, AAII, and AAIII, which would allow for a progression of salaries with a corresponding progression of assigned duties.
Currently the position of AAIII will be presented at a later date. As the city grows, staff can determine the needs for filling the AAIII positions and return to council to ask for funding when the position is needed.
Fortunately, the city currently has the AA I position at salary range 14 with duties that correspond with that salary range. Because the AA I position already exists, staff then focused their efforts on the creation of the AAII.
Staff believes the AA positions can all contain base line duties that flow through each AA position with the complexity and responsibilities for each position increasing from the AAI, to the AAII.
The AAI position will be the entry level class in the administrative series providing responsible clerical and secretarial duties of a general nature in support of the assigned department, division, or program area.
The AAII position will be the journey level class in the administrative series and will include the duties of the AAI with the additional responsibilities of working independently, applying well developed secretarial and office support knowledge and exercising judgement and initiative.
The responsibilities of these positions are attached to the staff report as job descriptions for the AAI and AAII. To provide for work duties that may be unforeseeable each job description contains the phrase “other duties as assigned.”
The AAI position is currently at salary range 14 from $17.29 to $22.14 hourly, and $35,967 to $46,042 annually.
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The AAII position is recommended at salary range 26 from $23.26 to $29.77 hourly, and $48,380 to $61,921 annually.
Staff recommends the positions incorporate the above listed salaries for the AA positions. The steps within the range will be decided based on the persons knowledge, skills, and abilities which include, education and experience.
Recommendation:
Staff recommends the elimination of the AAI position at the Police Department and moving the staff member to fill the vacancy of the AAI position at the Public Works department and Community Development department.
Staff recommends the elimination of the Executive Administrative Assistant position and adding one AAII position. The AAII position will be used to provide administrative assistance to both the chief of police and the city manager.
The staff member holding the Executive Administrative Assistant position has prior experience as the assistant to the chief of police and the Administrative Assistant to the city manager and will be reverted to the AAII as per sections 11.03 and 703.G of the employee handbook.
11.03 Vacancy and Demotion in Lieu of Layoff
Except as otherwise provided, whenever there is a reduction in the workforce, the City Manager shall first demote the affected employee to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with subsection 11.07 is qualified. All persons so demoted shall have their names placed on the Re Employment List.
703 G. Demotion.
Any employee who is demoted to a position in a class with a lower salary range shall have their salary reduced to the salary step in the range for the lower class.
2. If a Non-Disciplinary demotion, to the salary in the dollar amount they would have received in that lower class if their service had been continuous in said lower class. They shall retain their current anniversary date.
This structure will provide a more robust progression of Administrative Assistant positions and give opportunities for promotions within the same classification. By creating this progression, it should assist the city in the retention of staff members.
To fulfill the recommendation staff will make the following changes:
• Eliminate the AAI position at the Police Department from the city structure. • Eliminate the Executive Administrative position from the city structure. • Create one AAII position
• Reassign the staff member holding the Executive Administrative Assistant position to the AAII position.
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• Reassign the person holding the AAI position at the Police Department to the AAI position in the Public Works department and the Community Development department.
FINANCIAL IMPACT:
If city council approves the recommendation the total annual cost savings will be $75,401.13 as listed below:
The elimination of the Executive Administrative Assistant and creating the AAII position will provide a cost savings of $9,103.29
The elimination of the AAI position will provide a costs savings of $66,297.84 RECOMMENDATION:
Staff recommends City Council discuss and provide direction concerning the recommendations.
ATTACHMENT:
I. AAI: Job Description
II. Resolution No. 2023-0102
RESOLUTION NO. 2023-0102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND
ELIMINATING THE EXECUTIVE ADMINISTRATIVE ASSISTANT POSITION AND
ONE OF THE TWO AUTHORIZED ADMINISTRATIVE ASSISTANT I POSITIONS,
CREATING THE ADMINISTRATIVE ASSISTANT II POSITION, AND AMENDING THE FY23/24 SALARY SCHEDULE.
WHEREAS, the City Council of the City of McFarland has an approved budget for the 2023/2024 fiscal year budget; and
WHEREAS, the City Council believes it is necessary to eliminate the Executive Administrative Assistant position and establish a series of Administrative Assistant positions, including Administrative Assistant I and II positions; and
WHEREAS, the City currently has two authorized Administrative Assistant I (AAI) positions and will eliminate one of these; and
WHEREAS, the remaining AAI and the new AAII positions will contain baseline duties with an increasing complexity and responsibility, and the corresponding job descriptions are attached to this resolution; and
WHEREAS, the City Council believes it is not necessary to make any changes to the AAI salary range; and
WHEREAS, the AAII position is recommended at salary range 26, from $23.26 to $29.77 hourly, and $48,380 to $61,921 annually; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) Elimination and Creation of Positions: The Executive Administrative Assistant position and one of the two authorized Administrative Assistant I positions are hereby eliminated, and one Administrative Assistant II position is hereby created. 2) Reassignment: The staff member holding the Executive Administrative Assistant position shall be reassigned to the AAII position, and the person holding the eliminated AAI position at the Police Department shall be reassigned as per the staff report. 3) Salary Schedule: The FY23/24 Salary Schedule is hereby amended to incorporate the salaries for the AA positions as outlined in the staff report.
4) Attachments: The job descriptions for AAI and AAII are attached hereto and made a part hereof. 5) Effective Date: This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 24th day of August 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
CITY OF MCFARLAND
ADMINISTRATIVE ASSISTANT II
Salary Range: $23.26 - $29.77 (Hourly)
$1,860.49 - $2,381.57 (Bi-Weekly)
Posted:
Closing:
POSITION SUMMARY:
The Administrative Assistant II will provide administrative and operational support. This is a journey level class within the Administrative Assistant series performing the full range of responsibilities and difficult clerical and secretarial duties of a general and specialized nature with only occasional instruction or assistance. Positions at this level are distinguished from the Administrative Assistant I level by the performance of the full range of duties as assigned, working independently, applying well developed secretarial and office support knowledge, and exercising judgment and initiative. The ideal candidate must be a quick learner, very experienced, and bring a high-level of professionalism and attention to detail, as he/she will handle a wide range of administrative responsibilities. The person must be flexible and will take an active interest in all aspects of the work. He/she must be able to work both independently, as well as under close supervision.
Under the direction of the department head or other direct supervisor, coordinate and performs a variety of confidential and complex secretarial functions; provides executive-level administrative support; schedules and coordinates meetings; prepares correspondence, reports, and other documentation; supervising the processing of payroll records; updates and maintains department records and files; serves as a representative of the Department and liaises with outside agencies; oversees departmental budget at the direction of the supervisor; coordinates special projects ; and performs other related duties as assigned.
ESSENTIAL JOB DUTIES AND RESPONSIBILITIES:
• Answers, screens and directs incoming calls.
• Documents and distributes telephone messages. responds to caller inquires. • Provides information regarding department operations, policies and programs. • Addresses and or assists in resolving public complaints. • Schedules coordinates and confirms meetings, appointments and or other functions. • Updates and maintains department calendar.
• Prepares and organizes meeting materials and equipment. • Prepares, proofreads an, processes and disseminates correspondence, memorandum, reports proposals, forms, and other types of documents.
• Recognizes and maintains various types of confidential information, documents and materials perform a variety of records management functions.
• Updates and maintains departmental records filing systems, databases, assessment, and or participates in the coordination of carious departmental grants, keeps current and prepares monthly departmental expenditures for payment, provides coordinating the departmental purchasing and inventory control functions and other duties as assigned. • Evaluates programs, projects, processes, procedures, systems, and standards; ensures compliance with Federal, State, and local laws, regulations, codes, and/or standards. • Represents the City to the public and interacts with executive-level management from public and private organizations and entities, department heads, City staff, and the general public • Perform the assigned work, using judgement in selecting appropriate procedures, conducting transactions with customers and the public,
• Ability to solve routine and non-routine problems based on knowledge gained through experience. • Perform receptionist duties; answer the telephone and provide general assistance and information to the public and internal customers regarding department policies and procedures as required. • Type, proofread, and process a variety of documents, including general correspondence, memos, and statistical charts from rough draft; or verbal instruction. • Perform a wide variety of general clerical work including the maintenance of records, verifying accuracy of information, researching discrepancies, and recording information. • Copy, sort, collate and staple a variety of documents, reports, and correspondence. • Organize community events and workshops.
• Use standard computer office software and equipment including word processing and spreadsheet packages.
• Prepare requisitions and purchase orders.
• Schedules appointments, arranges and coordinate meetings, and schedules the use of facilities as needed. Prepares required informational materials; makes travel arrangements. • Maintains department fiscal records, prepares and processes purchase orders and invoices, requisitions, expense claims, and monthly departmental credit card accounts. • Performs other duties as assigned.
MINIMUM QUALIFICATIONS:
Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Work is normally reviewed only on completion and for overall results. Positions in this class series are flexibly staffed and positions at the Administrative Assistant II level are normally reviewed only on completion and for overall results.
Knowledge of-Modern office practices, procedures, and method; Standard office equipment such as telephone, personal computer, printer, typewriter, copier, electronic mail, calculator, fax, shredder, and other standard office equipment; Computer software such as word processing, various database, and spreadsheet calculations; Receptionist and telephone techniques; Proper English usage, spelling, grammar, and punctuation including basic mathematics; Basic methods and procedures of purchasing.
Ability to-Learn to operate photocopy, offset, and related duplicating machine and folding, collating, cutting hole punching equipment as required and use a postal manual, scale and metering machine; Operate a personal computer and related equipment; Type or use word processing to produce clear, clean, accurate documents in a timely manner; Deal tactfully and courteously with the public and city staff; Perform clerical and record keeping duties; Communicate effectively, both oral and in writing; Understand and carry out oral and written direction; Establish and maintain effective work relationships with those contacted in the course of work; Maintain a regular and reliable level of attendance.
Licenses and Certificates-Typing certificate for 40 WPM. Possession of or ability to obtain a valid California Driver’s License may be required.
Physical Abilities and Work Environment-While performing the duties of this job, the employee is frequently required to walk, sit, talk and hear. The employee is required to; use hands to finger, handle, or operate objects, tools, or controls; and reach with hands and arms. May be expected to lift and move containers weighing up to 25 lbs. Specific vision abilities by this job include close vision, color vision, and the ability to adjust focus. Occasionally set up graphics, tables, and chairs for meetings.
Other: Bilingual fluency in English and Spanish is desirable.
EDUCATION AND EXPERIENCE
Any combination of experience and education that would be likely to provide the required knowledge, skills, and abilities could be qualifying, as determined by the City. A typical way to obtain the knowledge, skills, and abilities is:
Experience-Two years of experience providing general office support duties in a municipality setting.
Education-High school Diploma or Equivalent. Specialized course work in office practices such as computer software packages, typing, filing, and bookkeeping is desirable.
COMPENSATION AND BENEFITS:
The City of McFarland offers an excellent benefits package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and dependents o Life insurance equal to 1-year base salary with a minimum of $50,000 o 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. The City is not a PERS (Public Employees Retirement System) Agency o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay9/80 Schedule Monday through Friday APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application. To be considered for this position, please submit complete employment application and resume.
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.
City Manager Contract
Police Chief Contract
Police Captain Contract
Finance Director Contract
Public Works Director Contract
Community Development Director Contract
Human Resources Director Contract
Deputy Public Works Director Contract
City Councilmembers $200
TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F Groundskeeper 11 1,284.61 1,349.64 1,417.96 1,489.74 1,565.16 1,644.39 16.06 20.55 Street Maintenance I 13 1,349.64 1,417.96 1,489.74 1,565.16 1,644.39 1,727.64 16.87 21.60 Animal Control Officer 13 1,349.64 1,417.96 1,489.74 1,565.16 1,644.39 1,727.64 16.87 21.60 Administrative Assistant I 14 1,383.38 1,453.41 1,526.99 1,604.29 1,685.50 1,770.83 17.29 22.14 Transit Operator 15 1,417.97 1,489.75 1,565.16 1,644.40 1,727.64 1,815.10 17.72 22.69 Sweeper/Street Maintenance Worker I 15 1,417.97 1,489.75 1,565.16 1,644.40 1,727.64 1,815.10 17.72 22.69 Accounting Clerk I 15 1,417.97 1,489.75 1,565.16 1,644.40 1,727.64 1,815.10 17.72 22.69 Community Service Officer 15 1,417.97 1,489.75 1,565.16 1,644.40 1,727.64 1,815.10 17.72 22.69 Wastewater Treatment Plant Operator In Training 16 1,453.42 1,526.99 1,604.29 1,685.51 1,770.83 1,860.48 18.17 23.26 Water Operator In Training 16 1,453.42 1,526.99 1,604.29 1,685.51 1,770.83 1,860.48 18.17 23.26 Accounting Clerk II 16 1,453.42 1,526.99 1,604.29 1,685.51 1,770.83 1,860.48 18.17 23.26 Code Enforcement Officer 19 1,565.17 1,644.40 1,727.65 1,815.11 1,906.99 2,003.53 19.56 25.04 Police Office Technician 19 1,565.17 1,644.40 1,727.65 1,815.11 1,906.99 2,003.53 19.56 25.04 Grant Administrator In Training 19 1,565.17 1,644.40 1,727.65 1,815.11 1,906.99 2,003.53 19.56 25.04 Water Operator I 22 1,685.52 1,770.84 1,860.49 1,954.67 2,053.62 2,157.58 21.07 26.97 Wastewater Treatment Plant Operator I 22 1,685.52 1,770.84 1,860.49 1,954.67 2,053.62 2,157.58 21.07 26.97 Crime Scene Technician 23 1,727.65 1,815.11 1,907.00 2,003.54 2,104.96 2,211.52 21.60 27.64 Accounting Clerk III 25 1,815.12 1,907.00 2,003.54 2,104.97 2,211.53 2,323.48 22.69 29.04 Administrative Assistant II 26 1,860.49 1,954.68 2,053.63 2,157.59 2,266.81 2,381.57 23.26 29.77 Water Operator II 27 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Wastewater Treatment Plant Operator II 27 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Grant Administrator 29 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Communication/Records Supervisor 30 2,053.64 2,157.60 2,266.82 2,381.58 2,502.14 2,628.80 25.67 32.86 Staff Accountant 32 2,157.60 2,266.83 2,381.58 2,502.14 2,628.81 2,761.89 26.97 34.52 City Clerk 32 2,157.60 2,266.83 2,381.58 2,502.14 2,628.81 2,761.89 26.97 34.52 Parks and Streets Maintenance Supervisor 32 2,157.60 2,266.83 2,381.58 2,502.14 2,628.81 2,761.89 26.97 34.52 Police Officer 33 2,211.54 2,323.50 2,441.12 2,564.70 2,694.53 2,830.94 27.64 35.39 Building Inspector I 35 2,323.50 2,441.13 2,564.70 2,694.54 2,830.94 2,974.25 29.04 37.18 Police Corporal 37 2,441.13 2,564.71 2,694.54 2,830.95 2,974.26 3,124.82 30.51 39.06 Wastewater Treatment Plant Operator III/ Supervisor 38 2,502.16 2,628.82 2,761.90 2,901.72 3,048.61 3,202.94 31.28 40.04 Water Operator III/Supervisor 38 2,502.16 2,628.82 2,761.90 2,901.72 3,048.61 3,202.94 31.28 40.04 Accounting Supervisor 38 2,502.16 2,628.82 2,761.90 2,901.72 3,048.61 3,202.94 31.28 40.04 Police Sergeant 41 2,694.55 2,830.96 2,974.27 3,124.83 3,283.02 3,449.22 33.68 43.12 Police Lieutenant 46 3,048.64 3,202.97 3,365.11 3,535.46 3,714.44 3,902.48 38.11 48.78 Senior City Planner 46 3,048.64 3,202.97 3,365.11 3,535.46 3,714.44 3,902.48 38.11 48.78 EXEMPT EMPLOYEE PAY SCHEDULE ‐ BIWEEKLY HOURLY PAY
CITY OF MCFARLAND
POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2023‐06/30/2024
CONTRACT EMPLOYEES
CITY COUNCIL ‐ MONTHLY
NON‐ EXEMPT EMPLOYEE PAY SCHEDULE ‐ BIWEEKLY HOURLY PAY
CITY OF MCFARLAND
STAFF REPORT
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
DATE: August 24, 2023
SUBJECT: Report, Discuss, and Possible Approval of changes to the community grants program policy
SUMMARY:
The community grants program was established in February of 2023 with the intent of providing a funding mechanism to support, promote, and enhance the quality of life for our residents and McFarland’s community vitality.
The grant was originally drafted allowing for funding requests by youth athletic groups and organizations, however due to the sheer number of youth organizations and the fact youth group organizations often have other funding mechanisms, the city council requested staff examine the feasibility of changing the policy.
Staff has made adjustments, with the policy to prohibit athletic organizations from applying for the grant funds which will allow the city to provide funding to a larger variance of groups and entities. All other regulations and policies related to the community grant program will remain the same.
The policy will continue to recognize that many groups and organizations conduct events and provide programs that benefit the community and the city will continue to support those effort.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the City Council Discuss and Possibly Approve the changes in the policy to preclude athletic organizations from applying for funding through the community grants program.
ATTACHMENTS:
1. Updated Community Grant Program Policy
2. Community Grant Program Application
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CITY OF MCFARLAND COMMUNITY GRANT POLICY
Purpose
The City Council of the City of McFarland desires to establish a standardized process to award grants to qualifying non-profit community organizations, educational groups or organizations, for events, activities, that provide a public benefit for the City of McFarland and its residents.
The City of McFarland recognizes the many benefits and importance that various groups, organizations, volunteers, and events that serve to support, promote, and enhance the quality of life for our residents and McFarland’s community vitality. It is for this reason that the City Council is committed to treating all requests for contributions in a consistent, fair, and equitable manner subject to the community’s needs, priorities and Council's approved budget.
Whereas the program shall be supported predominately by the city’s General Fund, the City Council recognizes that citizens have the right to expect that public funds and public resources will be used in a manner that is not only justifiable and fair but that groups requesting public funds are financially responsible and accountable. The community grant program demonstrates the City Council’s commitment to working with groups which provide these beneficial programs, services, or projects to the community while at the same time recognizing the financial constraints impacting the City's ability to provide funding to these groups.
Policy
The Council will consider requests for grant funding for events and programs that provide a public service, or otherwise promote the health, safety or welfare of the community; and benefit the community.
• Annually, the City Council shall specify an amount to appropriate as part of the approval of the city’s budget, subject to availability of funds.
• Eligible applicants may apply for up to $2,500.00 in grant funding. • The City Council may also consider any in-kind donations such as fee waivers, labor, materials, or other resources the City Council authorizes the City Manager to provide at their discretion.
Under certain circumstances, in-kind donations may be restricted or not allowable if doing so increases the City’s liability and/or conflicts with the City’s insurance carrier’s policies and regulations.
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• The City Council authorizes the City Manager to approve in-kind donations, subject to any terms and conditions the City Manager deems reasonable and for City-wide and reoccurring events, including but not limited to the following:
o 4th of July events
o Christmas Parade/Christmas Tree Lighting Event
o Cinco de Mayo
o Trunk or Treat
• In-kind donations shall not count towards the $2,500.00 limit per applicant. Request for in-kind donations shall include a calculation of the value of in-kind donation based on current fees, equipment, estimated wage and benefits cost, etc.
• The City Council may establish a committee to review applications for grant funding and make recommendation to the City Council
• Grant application forms may be amended and revised from time to time as the city deems appropriate.
• Grants may be awarded at the sole and exclusive discretion of the City Council and may include certain terms and conditions. The letter of award will state if any particular restrictions apply to the grant. Acceptance of any grant, donation, contribution (in-kind or otherwise), or any other benefit by the applicant serves both as an acknowledgment of, and obligation to comply with, any such terms and conditions. Failure to comply with those terms and conditions, and with this policy, can require the applicant to refund 100% of the grant, donation, or contribution at the discretion of the City.
• All approved grant applications must include the City of McFarland logo when possible, on all advertising and printed material and reference the City of McFarland contribution. Applicants must contact the City for an approved logo and submit advertising and printed material to the City Manager for review and approval.
Contributions will not be made for the following purposes:
• Discriminatory activities or events or those that would incite hatred towards any groups. • Activities that are contrary to the policies of the Municipality; or • Activities which are deemed to be unlawful.
• Any activity that is political or religious.
• Athletic programs.
Eligibility Criteria
1. Applicants are limited to educational groups and organizations associated with schools in McFarland and non-profit organizations who are in compliance with applicable state and federal regulations. This includes I.R.S. and California Franchise Tax Board regulations governing nonprofit, tax-exempt status. Applicants must be in active and in good standing and submit documentation of their compliance and status. School affiliated groups and organizations must submit a letter of support by the respective principal or designee and be sponsored by the school.
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2. In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to McFarland residents
b) Contributes positively to the recognition and image of the City of McFarland c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Grant funds will not be used for political or religious purposes
3. Grant funds are not intended to replace or supplement operating funding sources but are intended to be utilized for new or enhance projects, activities, or events.
4. It is expected that grant recipients will, to the maximum extent possible, purchase funded materials and services from businesses located in McFarland
5. Applicants requesting funds for public events, the applicant must maintain appropriate liability insurance in amounts approved by the City of McFarland and name the City of McFarland as an additional insured.
Procedure
1. City Council approves an annual budget item for City grants.
2. City Council establishes an application period for a grant application to be submitted by
3. Applicants submit timely and complete grant applications to the City Clerk for review
4. City Manager or designee reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from the applicant as necessary.
5. Review and consideration of grant application shall be placed on a future City Council meeting or referred to a committee first if City Council so chooses.
6. If an application is approved by the City Council, then the applicant shall be notified with additional instructions or terms, if any.
7. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
8. All approved grant applications - applicant shall submit post-project report articulating the success of the project and that the grant funds have been spent in the manner and for the purposes stated on the application within forty-five (45) days after the event/activity. Report must include proof, including copies of original receipts.
9. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Clerk for application and review in accordance with this policy.
10. Staff shall report any distributions in accordance with applicable tax law. 4 | Page
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• The City Council authorizes the City Manager to approve in-kind donations, subject to any terms and conditions the City Manager deems reasonable and for City-wide and reoccurring events, including but not limited to the following:
o 4th of July events
o Christmas Parade/Christmas Tree Lighting Event
o Cinco de Mayo
o Trunk or Treat
• In-kind donations shall not count towards the $2,500.00 limit per applicant. Request for in-kind donations shall include a calculation of the value of in-kind donation based on current fees, equipment, estimated wage and benefits cost, etc.
• The City Council may establish a committee to review applications for grant funding and make recommendation to the City Council
• Grant application forms may be amended and revised from time to time as the City deems appropriate.
• Grants may be awarded at the sole and exclusive discretion of the City Council and may include certain terms and conditions. The letter of award will state if any particular restrictions apply to the grant. Acceptance of any grant, donation, contribution (in-kind or otherwise), or any other benefit by the applicant serves both as an acknowledgment of, and obligation to comply with, any such terms and conditions. Failure to comply with those terms and conditions, and with this policy, can require the applicant to refund 100% of the grant, donation, or contribution at the discretion of the City.
• All approved grant applications must include the City of McFarland logo when possible on all advertising and printed material and reference the City of McFarland contribution. Applicants must contact the City for an approved logo and submit advertising and printed material to the City Manager for review and approval.
Contributions will not be made for the following purposes:
• Discriminatory activities or events or those that would incite hatred towards any groups • Activities that are contrary to the policies of the Municipality; or • Activities which are deemed to be unlawful.
• Any activity that is political or religious.
• Athletic programs.
Eligibility Criteria
1. Applicants are limited to educational groups and organizations associated with schools in McFarland and non-profit organizations who are in compliance with applicable state and federal regulations. This includes I.R.S. and California Franchise Tax Board regulations governing nonprofit, tax-exempt status. Applicants must be in active and in good standing and submit documentation of their compliance and status. School affiliated groups and organizations must submit a letter of support by the respective principal or designee and be sponsored by the school.
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2. In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to McFarland residents
b) Contributes positively to the recognition and image of the City of McFarland c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Grant funds will not be used for political or religious purposes
3. Grant funds are not intended to replace or supplement operating funding sources but are intended to be utilized for new or enhance projects, activities, or events.
4. It is expected that grant recipients will, to the maximum extent possible, purchase funded materials and services from businesses located in McFarland
5. Applicants requesting funds for public events, the applicant must maintain appropriate liability insurance in amounts approved by the City of McFarland and name the City of McFarland as an additional insured.
Procedure
1. City Council approves an annual budget item for City grants.
2. City Council establishes an application period for a grant application to be submitted by
3. Applicants submit timely and complete grant applications to the City Clerk for review
4. City Manager or designee reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from the applicant as necessary.
5. Review and consideration of grant application shall be placed on a future City Council meeting or referred to a committee first if City Council so chooses.
6. If an application is approved by the City Council, then the applicant shall be notified with additional instructions or terms, if any.
7. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
8. All approved grant applications - applicant shall submit post-project report articulating the success of the project and that the grant funds have been spent in the manner and for the purposes stated on the application within forty-five (45) days after the event/activity. Report must include proof, including copies of original receipts.
9. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Clerk for application and review in accordance with this policy.
10. Staff shall report any distributions in accordance with applicable tax law. 4 | Page