Agenda packet, regular meeting — McFarland City Council, February 22, 2024 (part 1 of 2)

MCFARLAND CITY COUNCIL
McFarland Successor Agency, McFarland Public Finance Authority, McFarland Improvement Authority, McFarland Parking Authority AMENDED Regular Meeting Notice and
Agenda
Council Chambers
103 W. Sherwood Ave, McFarland, CA
Website: https://www.mcfarlandcity.org/
Thursday, February 22, 2024
6:00 PM
SAUL AYON, Mayor
RICARDO CANO, Vice Mayor
AMADOR AYON, Council Member
ANITA GONZALEZ, Council Member
MARIA PEREZ, Council Member
VIEW THE MEETING RECORDINGS ONLINE at www.mcfarlandcity.org/AgendaCenter Recordings will be available approximately one week following the 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.

PUBLIC ACCOMMODATIONS: 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.

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 at least 48 hours prior to the meeting.

Page 1 of 227 ends

CALL TO ORDER: Mayor Saul Ayon
ROLL CALL:

Mayor/Chair, Saul Ayon
Vice Mayor/Vice-Chair, Ricardo Cano
Council Member/Board Member, Amador Ayon
Council Member/Board Member, Anita Gonzalez
Council Member/Board Member, Maria T. Pérez

APPROVE AGENDA AS TO FORM
INVOCATION:

PLEDGE OF ALLEGIANCE

INTERPRETATION
FEATURED PET:

Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter.

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Kern County Grand Jury Awareness Month Proclamation - Presented by Mayor Saul Ayon

2. National Cancer Prevention Month Proclamation -Presented by Mayor Saul Ayon to Tori Limbean, Marketing & Physician Relations Manager With Comprehensive Blood & Cancer Center of Bakersfied.

3. Presentation of McFarland Police Department Cadets
PUBLIC COMMENT: The public may address the Council/Board Member on items, which do not appear on the agenda. Council/Board Members may respond briefly to statements made or questions posed. They may ask a question for clarification; may refer the item to staff for further study or for placement on a future agenda. Speakers are limited to two minutes for each person.

Please state your name and address for the record prior to making a presentation. Fifteen minutes total will be allowed for any one subject.

COUNCIL COMMENTS

DEPARTMENTAL REPORTS
CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. 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 Expense Report in the Amount of $244,601.09 from 1/27/2024 to 2/9/2024.

5. Approval of February 08, 2024 Regular Meeting Minutes.

6. Approval of February 09, 2024 Special Meeting Minutes.

7. Approval of the February 15, 2024 Special Meeting Minutes.

8. Approval of Resolution No. 2024-15 A RESOLUTION OF THE CITY COUNCIL OF

Page 2 of 227 ends

McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 3,

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.

PUBLIC HEARINGS

9. Approval of Resolution No. 2024-5 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND FINDING THERE ARE NO UNMET PUBLIC TRANSIT NEEDS WHICH CAN BE REASONABLY BE MET IN THE CITY OF MCFARLAND. a. Staff Report - Assistant Public Works Director Adam Cabrera b. Open Public Hearing & Recieve Public Testimony
c. Close Public Hearing
d. Motion to Approve Resolution No. 2024-5 A Resolution of the City Council of the City of McFarland Finding there are no Unmet Public Transit needs which can be reasonably be met in the City of McFarland.

10. Introduction and First Reading of Ordinance No. 002-2024 AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR ASSESSOR’S PARCELS 060-420-14, 060-420-20, 060-420-21, 060-420-24, 060- 420-23, AND 060-420-13
a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing and Receive Public Testimony:
c. Close Public Hearing:
d. Motion to Waive the Reading of Ordinance Text in its Entirety Read by Title Only and Introduce Ordinance No. 002-2024 AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR ASSESSOR’S PARCELS 060-420-14, 060-420-20, 060-420-21, 060-420-24, 060- 420-23, AND 060-420-13.

11. Public Hearing on Draft Boundary Maps of Council Districts and Introduction and Waive First Reading of Ordinance No. 003-2024 AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND PROVIDING FOR THE ELECTION OF MEMBERS OF THE

CITY COUNCIL BY FOUR DISTRICTS, ESTABLISHING THE BOUNDARIES AND

IDENTIFICATION NUMBER OF EACH DISTRICT, ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT AND ADDING NEW SECTIONS TO CHAPTER 1.25

GENERAL MUNICIPAL ELECTIONS OF THE MCFARLAND MUNICIPAL CODE TO PROVIDE FOR CITY COUNCIL ELECTION DISTRICTS.
a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing
c. Close Public Hearing
d. Motion to Waive First Reading in its Entirety Read by Title Only and Introduce Ordinance No. 003-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF MCFARLAND PROVIDING FOR THE ELECTION OF MEMBERS OF THE CITY

COUNCIL BY FOUR DISTRICTS, ESTABLISHING THE BOUNDARIES AND

IDENTIFICATION NUMBER OF EACH DISTRICT, ESTABLISHING THE

Page 3 of 227 ends

ELECTION ORDER OF EACH DISTRICT AND ADDING NEW SECTIONS TO CHAPTER 1.25 GENERAL MUNICIPAL ELECTIONS OF THE MCFARLAND MUNICIPAL CODE TO PROVIDE FOR CITY COUNCIL ELECTION DISTRICTS. e. Schedule Second Reading and Adoption of Ordinance No. 003-2024.

12. Public Hearing for Consideration and Adoption of Resolution No. 2024-16 A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE INITIAL STUDY AND NEGATIVE DECLARATION FOR PROPOSED ANNEXATION 20; Introduction and Wave First Reading of Ordinance No. 004-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR PARCELS 060-090-24, 060-090-06, 060-090-25, AND 060-090-20; Consideration and Adoption of Resolution No. 2024-17 A RESOLUTION OF THE CITY OF

MCFARLAND REQUESTING INITIATION OF PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF MCFARLAND TO BE IDENTIFIED AS ANNEXATION NO.

20. a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing and Receive Public Testimony
c. Close Public Hearing
d. Motion to Adopt Resolution No. 2024-16 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING THE INITIAL STUDY AND NEGATIVE DECLARATION FOR PROPOSED ANNEXATION 20
e. Motion to Waive the Reading Ordinance Text in its Entirety Read by Title Only and Introduce Ordinance No. 004-2024 AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR PARCELS 060-090-24, 060-090-06, 060-090-25, AND 060-090-20. f. Motion to Adopt Resolution No. 2024-17 A RESOLUTION OF THE CITY OF

MCFARLAND REQUESTING INITIATION OF PROCEEDINGS FOR ANNEXATION

OF TERRITORY TO THE CITY OF MCFARLAND TO BE IDENTIFIED AS ANNEXATION NO. 20.

ADMINISTRATIVE AGENDA

13. Approval of Resolution No. 2024-22 A RESOLUTION APPROVING THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY AND YERLYS HERNANDEZ FOR THE POSITION OF PUBLIC WORKS DIRECTOR.

14. APPROVAL OF RESOLUTION 2024-21 A RESOLUTION OF THE CITY OF MCFARLAND

APPROVING AN AGREEMENT BETWEEN THE CITY AND DIEGO VIRAMONTES FOR THE CITY MANAGER /FINANCE DIRECTOR.

15. Approval of Resolution No. 2024-23 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND ACCEPTING THE COMPLETED WORK BY ADVANCED CONCRETE FOR THE 2ND STREET LANDSCAPE AND PEDESTRIAN
IMPROVEMENTS – STPL 5343 (017) PROJECT AND AUTHORIZING THE CITY CLERK TO THE FILE THE NOTICE OF COMPLETION WITH THE KERN COUNTY RECORDER.

16. Resolution 2024-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ACCEPTING THE COMPLETED WORK BY BOWMAN ASPHALT, INC.

FOR THE 2023 STREET REHABILITATION – VARIOUS LOCATIONS PROJECT AND

Page 4 of 227 ends

AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE KERN COUNTY RECORDER.

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

17. Public Employment (Government Code §54957)

ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on February 16, 2024.

Francisca Alvarado, City Clerk
Kenneth Williams, City Manager
Next Meeting: Regular City Council March 14, 2024.

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.

Page 5 of 227 ends

PROCLAMATION

KERN COUNTY GRAND JURY AWARENESS MONTH
WHEREAS, The Grand Jury is one of oldest government institutions in our jurisprudence, devised to check the excesses of the English monarchy and to ensure the rights of the accused; and, WHEREAS, The California Constitution, adopted in 1879, provided that a grand jury shall be drawn and summoned at least once a year in each county; and,
WHEREAS, The California Grand Jury is an arm of the Superior Court; and, WHEREAS, The Grand Jury acts as the public’s “watchdog” by investigating and reporting on affairs of local government and recommending ways local governments can be more efficient, transparent, and accountable; and,
WHEREAS, The Kern County Grand Jury is a body of 19 citizens and is a diverse group of men and women with a wide range of backgrounds and interests; and, WHEREAS, The Grand Jurors make a commitment to serve a minimum of 20 hours per week for a term of 12 months; and,
WHEREAS, A new Grand Jury is impaneled in June of each year; and, THEREFORE, I Saul Ayon, Mayor of The City of McFarland Do Hereby Proclaim the month of February 2024, to be
Kern County Grand Jury Awareness Month
and encourage all citizens to consider volunteering for the Kern County Grand Jury.

Proclaimed on the 22nd day of February in the year 2024. ______________________________________
Saul Ayon, Mayor of the City of McFarland

Page 6 of 227 ends

Page 7 of 227 ends

Page 8 of 227 ends

PROCLAMATION
National Cancer Prevention Month
WHEREAS, the federal government estimates that nearly 2 million Americans were diagnosed with cancer during 2023, and that more than 600,000 died from their disease.

WHEREAS, research shows that more than 40 percent of these cases and nearly half of the deaths can be attributed to preventable causes like smoking, excess body weight, physical inactivity, and excessive exposure to the sun; and WHEREAS, steps such as quitting smoking, maintaining a healthy weight, exercising regularly, protecting your skin from the sun, and getting vaccinated against the pathogens that cause certain cancers can dramatically reduce your risk of cancer; and
WHEREAS, the burden of preventable cancer risk factors isn’t shared equally. That burden is higher among racial and ethnic minorities and other medically underserved people; and WHEREAS, in the United States, many of the greatest reductions in cancer morbidity and mortality have been achieved through the implementation of effective public education and policy initiatives; and WHEREAS, cancer can be most effectively treated if caught early, making cancer screenings very important and one of the best ways of detection. There are various forms of cancer screenings offered at CBCC and often at no cost during specified periods in the year; and
NOW, THEREFORE, I, Saul Ayon, Mayor of the City of McFarland, do hereby proclaim the month of February 2024 as
National Cancer Prevention Month
and agree that it is imperative that we identify strategies to enhance the dissemination and implementation of our current knowledge of cancer prevention.

Proclaimed this 22nd day of February in the year 2024,
___________________________________________
Saul Ayon, Mayor of the City of McFarland

Page 9 of 227 ends

2/15/2024 8:49:29 AM Page 1 of 4
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 1/27/2024 - 2/9/2024
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CORD100 - Axel Cordova
Axel Cordova INV0025924 01/30/2024 Reimbursement Axel Cordova… 32-510-57400-0000-1 17.28 Vendor CORD100 - Axel Cordova Total: 17.28
Vendor: BHT Engineering, Inc - BHT Engineering, Inc.

BHT Engineering, Inc. INV 23-315 01/30/2024 INV 23-315 Job #21601 2nd St.…25-000-52960-8290-1 14,554.00 BHT Engineering, Inc. INV 23-316 01/30/2024 INV 23-316 Job#21605 HSIP C… 25-000-52960-8280-1 1,025.00 BHT Engineering, Inc. INV 23-317 01/30/2024 INV 23-317 Job#22603 Ebell St…25-000-52960-2303-1 6,200.00 BHT Engineering, Inc. INV 23-319 01/30/2024 INV 23-319 Job#23601 RSTP W…25-000-52960-2302-1 2,812.50 BHT Engineering, Inc. INV 23-361 01/30/2024 INV 23-361 Job #22603 Street… 25-000-52960-2303-1 8,185.18 BHT Engineering, Inc. INV 23-361 01/30/2024 INV 23-361 Job #22603 Street… 25-000-52960-2304-1 8,185.18 BHT Engineering, Inc. INV 23-361 01/30/2024 INV 23-361 Job #22603 Street… 25-000-52960-2305-1 8,187.64 BHT Engineering, Inc. INV 23-363 01/30/2024 INV 23-363 RSTP W Perkins & …25-000-52960-2302-1 7,890.00 BHT Engineering, Inc. Inv No 23-482 01/30/2024 Inv No 23-482 - TM 7214 Ph 5… 01-140-56000-8150-1 72.50 BHT Engineering, Inc. Inv No 23-483 01/30/2024 Inv No 23-483-PM 23-01 01-140-56000-8474-1 562.00 BHT Engineering, Inc. Inv No 23-486 01/30/2024 Inv No 23-486 - 11th St Easem…01-140-56000-0000-1 910.00 BHT Engineering, Inc. Inv No 23-487 01/30/2024 Inv No 23-487 - PM 23-02 01-140-56000-0000-1 860.00 Vendor BHT Engineering, Inc - BHT Engineering, Inc. Total: 59,444.00 Vendor: Cannon - Cannon Corporation
Cannon Corporation INV 86183 01/30/2024 INV 86183 Radio Configuration 30-500-56000-7820-1 1,482.50 Cannon Corporation INV 87056 01/30/2024 INV 87056 30-500-56000-7820-1 342.25 Vendor Cannon - Cannon Corporation Total: 1,824.75
Vendor: Continental Battery - Continental Battery Company Continental Battery Company INV 37302308211056 01/30/2024 INV 37302308211056 Sales a… 20-200-57400-0000-1 455.00 Continental Battery Company INV 37302308290817 01/30/2024 INV 37302308290817 Sales a… 20-200-57400-0000-1 1,075.38 Continental Battery Company INV 37302308290906 01/30/2024 INV 37302308290906 Sales a… 20-200-57400-0000-1 1,458.56 Vendor Continental Battery - Continental Battery Company Total: 2,988.94 Vendor: Core & Main LP - Core & Main LP
Core & Main LP INVU170088 01/30/2024 INVU170088 32-510-57400-0000-1 42.28 Vendor Core & Main LP - Core & Main LP Total: 42.28
Vendor: De Lapide and Ass. I - De Lapide and Ass. Inc
De Lapide and Ass. Inc Inv No 23-09-30-2 01/30/2024 Inv No 23-09-30-2 - Annexatio…01-140-56000-0000-1 5,000.00 Vendor De Lapide and Ass. I - De Lapide and Ass. Inc Total: 5,000.00 Vendor: Edison - Edison
Edison Edison December 2023 01/30/2024 700599695773 01-180-58100-0000-1 180.30 Edison Edison December 2023 01/30/2024 700669486061 01-180-58100-0000-1 1,271.58 Edison Edison December 2023 01/30/2024 700671762228 01-180-58100-0000-1 8.54 Edison Edison December 2023 01/30/2024 700091551977 01-180-58100-0000-1 13.57 Edison Edison December 2023 01/30/2024 700326486684 01-180-58100-0000-1 79.77 Edison Edison December 2023 01/30/2024 700457158822 01-180-58100-0000-1 258.55 Edison Edison December 2023 01/30/2024 700539630040 01-180-58100-0000-1 1,594.65 Edison Edison December 2023 01/30/2024 700494850594 30-500-58000-0000-1 83.44 Edison Edison December 2023 01/30/2024 700468456995 32-510-58000-0000-1 4,605.24 Vendor Edison - Edison Total: 8,095.64
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc INV 839012 01/30/2024 INV 839012 Water Dept Suppl…32-510-57400-0000-1 29.09 Granite Auto Parts Inc INV 839041 01/30/2024 INV 839041 Water Dept. Suppl…32-510-57400-0000-1 89.82 Granite Auto Parts Inc INV 839237 01/30/2024 INV 839237 Water Dept. Suppl…32-510-57400-0000-1 38.93 Granite Auto Parts Inc INV 839631 01/30/2024 INV 839631 32-510-56600-0000-1 282.29 Granite Auto Parts Inc INV839106 01/30/2024 INV839106 32-510-57400-0000-1 19.71 Granite Auto Parts Inc INV839355 01/30/2024 INV839355 32-510-57400-0000-1 11.36 Granite Auto Parts Inc INV839403 01/30/2024 INV839403 32-510-57400-0000-1 8.65 Granite Auto Parts Inc INV839467 01/30/2024 INV839467 01-180-56600-0000-1 43.38

Page 10 of 227 ends

Expense Approval Report Payment Dates: 1/27/2024 - 2/9/2024 2/15/2024 8:49:29 AM Page 2 of 4
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Granite Auto Parts Inc INV839647 01/30/2024 INV839647 32-510-57400-0000-1 134.53 Granite Auto Parts Inc INV839872 01/30/2024 INV839872 32-510-57400-0000-1 11.10 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 668.86 Vendor: Home Depot - Home Depot
Home Depot HD #2532 01.02.24 01/30/2024 HD #2532 01.02.24 Water Dept 32-510-57400-0000-1 162.13 Home Depot HD #2532 11.29.23 01/30/2024 HD #2532 11.29.23 Supplies 30-500-56410-0000-1 114.29 Home Depot HD #2532 12.11.23 01/30/2024 HD #2532 12.11.23 01-180-57400-0000-1 174.53 Home Depot HD #2532 12.12.23 01/30/2024 HD #2532 12.12.23 Veterans … 01-185-56410-0000-1 264.97 Home Depot HD #2532 12.14.23 01/30/2024 HD #2532 12.14.23 City Hall T… 01-190-56400-0000-1 218.43 Home Depot HD #2532 12.15.23 01/30/2024 HD #2532 12.15.23 City Hall 01-190-56400-0000-1 77.51 Home Depot HD #2532 12.18.23 01/30/2024 HD #2532 12.18.23 Facilitites… 01-185-56400-0000-1 294.09 Home Depot HD #2532 12.18.23 2 01/30/2024 HD #2532 12.18.23 30-500-57200-0000-1 43.28 Home Depot HD #2532 12.27.23 01/30/2024 HD #2532 12.27.23 Maintena… 01-190-56400-0000-1 35.05 Home Depot HD #2532 12.27.23 2 01/30/2024 HD #2532 12.27.23 Water 32-510-57400-0000-1 138.75 Home Depot HD #2532 12.28.23 01/30/2024 HD #2532 12.28.23 Veterans … 01-185-56400-0000-1 76.80 Home Depot HD #2532 Order H8426-1570… 01/30/2024 HD #2532 Order H8426-1570… 30-500-57400-0000-1 168.09 Home Depot HD Order #H8426-155489 01/30/2024 HD Order #H8426-155489 Su… 30-500-57400-0000-1 198.03 Home Depot HD Order H8426-154969 01/30/2024 HD Order H8426-154969 WW… 30-500-57200-0000-1 265.09 Home Depot HD Order H8426-157028 01/30/2024 HD Order H8426-157028 WW …30-500-57400-0000-1 33.30 Home Depot Home Depot 09.09.23 01/30/2024 Home Depot 09.09.23 Many S… 01-185-56400-0000-1 162.91 Home Depot INV 2870142 01/30/2024 INV 2870142 Water Dept Supp…32-510-57400-0000-1 625.69 Home Depot INV 3903741 01/30/2024 INV 3903741 Water Dept Supp…32-510-57400-0000-1 350.56 Home Depot INV 534615 01/30/2024 INV 534615 WWTP Supplies 30-500-57400-0000-1 12.72 Home Depot INV 9612424 01/30/2024 INV 9612424 WWTP Supplies 30-500-57400-0000-1 37.08 Home Depot INV1081105 01/30/2024 INV1081105 32-510-57400-0000-1 354.97 Home Depot INV6080751 01/30/2024 INV6080751 01-185-56400-0000-1 249.47 Home Depot INV7103064 01/30/2024 INV7103064 01-180-57400-0000-1 180.84 Home Depot INV9093706 01/30/2024 INV9093706 32-510-57400-0000-1 47.59 Home Depot Receipt #8426 00097 01/30/2024 Receipt #8426 00097 18503 … 32-510-57400-0000-1 40.58 Vendor Home Depot - Home Depot Total: 4,326.75
Vendor: Jorge's Smog & Repai - Jorge's Smog & Repai
Jorge's Smog & Repai Invoice 019277 01/30/2024 Invoice 019277 Vehicle Maint 32-510-56600-0000-1 155.00 Vendor Jorge's Smog & Repai - Jorge's Smog & Repai Total: 155.00 Vendor: Golden Empire Water - Mario A. Cervantes
Mario A. Cervantes INV 1393 01/30/2024 INV 1393 Browning and Garzol…32-510-56000-0000-1 1,520.00 Vendor Golden Empire Water - Mario A. Cervantes Total: 1,520.00 Vendor: North Kern Water - North Kern Water Storage District North Kern Water Storage Dist…INV 15746 01/30/2024 INV 15746 Class 2 Base Service…30-500-53250-0000-1 24,575.21 Vendor North Kern Water - North Kern Water Storage District Total: 24,575.21 Vendor: Our Home Town, Inc - Our Home Town, Inc.

Our Home Town, Inc. CM0000372 10/04/2023 INV 27713 May 2023 McFarla… 01-12750-8218-1 -328.83 Our Home Town, Inc. INV 27713 10/04/2023 INV 27713 May 2023 McFarla… 01-12750-8218-1 328.83 Our Home Town, Inc. 29193 02/05/2024 29193 01-130-56000-0000-1 328.83 Vendor Our Home Town, Inc - Our Home Town, Inc. Total: 328.83 Vendor: S.W.R.C.B - State Water Resources Control Board State Water Resources Control…INV SW-0278750 01/30/2024 INV SW-0278750 30-500-53250-0000-1 704.00 State Water Resources Control…INV WD-0233298 01/30/2024 INV WD-0233298 Annual Perm…30-500-53250-0000-1 26,785.00 Vendor S.W.R.C.B - State Water Resources Control Board Total: 27,489.00 Vendor: Stockbridge - Stockbridge General Contracting Inc Stockbridge General Contracti… INV0026019 02/08/2024 Community Garden Construct… 25-000-52960-8425-1 104,605.31 Vendor Stockbridge - Stockbridge General Contracting Inc Total: 104,605.31 Vendor: SunRise - SunRise
SunRise INV143421 01/30/2024 INV143421 01-180-56440-0000-1 200.05 Vendor SunRise - SunRise Total: 200.05
Vendor: Supplyworks - Supplyworks Inc
Supplyworks Inc INV 763260296 01/30/2024 INV 763260296 Operational S… 01-185-57400-0000-1 150.00

Page 11 of 227 ends

Expense Approval Report Payment Dates: 1/27/2024 - 2/9/2024 2/15/2024 8:49:29 AM Page 3 of 4
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Supplyworks Inc INV 763260296 01/30/2024 INV 763260296 Operational S… 20-200-57400-0000-1 2,517.62 Vendor Supplyworks - Supplyworks Inc Total: 2,667.62
Vendor: United Site Services - United Site Services
United Site Services 2023 Trunk or Treat - 01/30/2024 2023 Trunk or Treat - Wash St… 01-150-53500-8620-1 343.68 Vendor United Site Services - United Site Services Total: 343.68 Vendor: Vernon C. Sorenson - Vernon C. Sorenson
Vernon C. Sorenson Inv. 00538448-00 01/30/2024 Inv. 00538448-00 M. Varao 01-150-56000-0000-1 230.00 Vendor Vernon C. Sorenson - Vernon C. Sorenson Total: 230.00 Vendor: Rain for Rent - Western Oilfields Supply Company Western Oilfields Supply Com… INV 1960291 01/30/2024 INV 1960291 Supplies Charge 32-510-57400-0000-1 7.89 Vendor Rain for Rent - Western Oilfields Supply Company Total: 7.89 Vendor: Zalco Laboratories I - Zalco Laboratories Inc
Zalco Laboratories Inc INV 2311504 01/30/2024 INV 2311225 Water Analysis 32-510-58200-0000-1 70.00 Vendor Zalco Laboratories I - Zalco Laboratories Inc Total: 70.00 Grand Total: 244,601.09

Page 12 of 227 ends

Expense Approval Report Payment Dates: 1/27/2024 - 2/9/2024 2/15/2024 8:49:29 AM Page 4 of 4
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 13,842.00
20 - LIGHTING & LANDSCAPING-DISTRICT 1 5,506.56
25 - CAPITAL IMPROVEMENTS PROJECTS 161,644.81
30 - SEWER 54,844.28
32 - WATER 8,763.44
Grand Total: 244,601.09
Account Summary
Account Number Account Name Payment Amount
01-12750-8218-1 Prepaid Payables- Others 0.00
01-130-56000-0000-1 Professional Services - O… 328.83
01-140-56000-0000-1 Professional Services - O… 6,770.00 01-140-56000-8150-1 Professional Services - T… 72.50
01-140-56000-8474-1 Professional Services - S… 562.00
01-150-53500-8620-1 Contributions/Donations… 343.68
01-150-56000-0000-1 Professional Services - O… 230.00
01-180-56440-0000-1 Repairs & Maintenance-… 200.05
01-180-56600-0000-1 Repairs/Maintenance - … 43.38
01-180-57400-0000-1 Supplies - Operating 355.37
01-180-58100-0000-1 Street Lighting 3,406.96
01-185-56400-0000-1 Repairs & Maint - Build &… 783.27
01-185-56410-0000-1 Repairs & Maintenance -… 264.97
01-185-57400-0000-1 Supplies - Operating 150.00
01-190-56400-0000-1 Repairs & Maint - Build &… 330.99
20-200-57400-0000-1 Supplies - Operating 5,506.56
25-000-52960-2302-1 Street & Roads (Capital) 10,702.50
25-000-52960-2303-1 Street & Roads (Capital) 14,385.18
25-000-52960-2304-1 Street & Roads (Capital) 8,185.18
25-000-52960-2305-1 Street & Roads (Capital) 8,187.64
25-000-52960-8280-1 HSIP Cycle 10 1,025.00
25-000-52960-8290-1 RSTP/HIP West Side - Har… 14,554.00 25-000-52960-8425-1 Streets & Roads Capital 104,605.31
30-500-53250-0000-1 Permits & Certificates 52,064.21
30-500-56000-7820-1 Profressional Services - … 1,824.75 30-500-56410-0000-1 Repairs & Maintenance … 114.29
30-500-57200-0000-1 Supplies - Office 308.37
30-500-57400-0000-1 Supplies - Operating 449.22
30-500-58000-0000-1 Utilities 83.44
32-510-56000-0000-1 Professional Services - O… 1,520.00 32-510-56600-0000-1 Repairs & Maintenance -… 437.29
32-510-57400-0000-1 Supplies - Operating 2,130.91
32-510-58000-0000-1 Utilities 4,605.24
32-510-58200-0000-1 Water/Soil/Other Analys… 70.00
Grand Total: 244,601.09
Project Account Summary
Project Account Key Payment Amount
**None** 244,601.09
Grand Total: 244,601.09

Page 13 of 227 ends

REGULAR CITY COUNCIL MINUTES

IN PERSON MEETING
February 08, 2024

CALL TO ORDER
Mayor S. Ayon called the meeting to order at 6:00 p.m.

ROLL CALL
Councilmembers Present: Mayor S. Ayon, Vice Mayor Cano, Councilmember A. Ayon, Councilmember Gonzalez, Councilmember Pérez
Councilmembers Absent: None

OFFICIALS PRESENT
City Manager Williams, City Attorney Hodges, Chief of Police Knox, Community Development Director Saldaña, Assistant Public Works Director Cabrera, Human Resources Director Serrena McCuan, Deputy City Clerk Drake

Absent: Finance Director Viramontes

INVOCATION
Vice Mayor Cano

PLEDGE OF ALLEGIANCE
Councilmember A. Ayon
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 at least 48 hours prior to the meeting.

Marco Perez was present for any interpretation needs.

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. Safe Surrender Baby Awareness Month Proclamation. Presented to Kern County Department of Human Services and Fire Chief Joe Appleton - Mayor presented.

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.

Page 14 of 227 ends

1. Jim White- Thanked City Manager Williams for getting a legal American flag for the Council Chambers. Inquired about receiving an update of City Staff.

2. Phil Corr- Inquired about the construction of the marijuana store and voiced his concern of its effect on the city of McFarland.

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.

2. Approval of the Expense Report in the Amount of $429,824.30 from 1/13/2024 to 1/26/2024.

3. Approval of Payroll Report for the Month of January 2024 in the Amount of $342,831.48.

4. Approval of February 01, 2024 Special Meeting Minutes.

5. Approval of the Letter of Support for the City of Shafter RAISE Application Santa Fe Way Widening Project.

No comments from the public were presented.

A Motion was made by: Vice Mayor Cano to approve consent agenda items 3, 4, AND 5; 2nd by:

Councilmember A. Ayon.

ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus

PUBLIC HEARINGS

6. Public Hearing Requesting Input Regarding the Composition of Potential Council Election Districts.
a. Staff report: Community Development Director Paul Saldana. b. Open public hearing and receive public testimony.

7. Second Reading and Adoption of Ordinance No. 1-2024, AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND ADOPTING ZONING CODE AMENDMENTS TO TITLE 17 ZONING AMENDING TITLE 17, CHAPTER 17.16.060 AND CHAPTER

17.136.150 ADDITIONAL DWELLING UNITS AND ACCEPT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A NOTICE OF EXEMPTION. a. Staff Report: Community Development Director, Paul Saldaña b. Open Public Hearing and Receive Public Testimony:

Page 15 of 227 ends

c. Motion to Waive the Reading of the Ordinance Text in its Entirety, Read by Title Only and Adopt Ordinance No. 1-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADOPTING ZONING CODE AMENDMENTS TO TITLE 17 ZONING AMENDING TITLE 17, CHAPTER 17.16.060 AND CHAPTER 17.136.150 ADDITIONAL

DWELLING UNITS AND ACCEPT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A NOTICE OF EXEMPTION.
d. Direct staff to post in designated posting location within fifteen days of its passage.

Presented by: Joseph Levitt
No comments from the public were presented.

A Motion was made by: Vice Mayor Ricardo Cano to approve consent agenda item 7; 2nd by:

Councilmember M. Pérez.

No comments from the public were presented.

ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus

ADMINISTRATIVE AGENDA

8. Motion was made by: Councilmember A. Ayon to Approve Resolution No. 2024-14 A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITY’S PARK IMPACT FEES FOR THE MCFARLAND RECREATION AND PARK DISTRICT (MRPD) TO FUND THE DESIGN OF LIONS PARK IN TRACKS 7393 AND 7394; 2nd by: Vice Mayor R. Cano.

No comments from the public were presented.

ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus

9. Motion was made by: Vice Mayor R. Cano to Approve Resolution No. 2024-10 A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING AN ADDITIONAL

ALLOCATION OF FUNDS FROM THE GENERAL FUND FOR THE PURCHASE OF A NEW K9 VEHICLE; 2nd by: Councilmember M. Pérez.

No Comments from the public were presented.

Page 16 of 227 ends

ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus

10. Motion was made by: Councilmember A. Ayon to Approve Resolution No. 2024-11 A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING

THE CREATION OF A NEW POSITION IN THE MCFARLAND POLICE DEPARTMENT AS POLICE OFFICER TRAINEE; 2nd by: Councilmember M. Perez.

Mayor opened the public hearing to receive public testimony at: 6:41 p.m. and closed it at 6:43 p.m.

Public comments:

1. Ron Woods- 13053 Garzoli Ave
ROLL CALL VOTE: 5/0
AYES: S. Ayon, R. Cano A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: None
Full consensus

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 –
The council adjourned to closed session at 6:51 p.m.

CLOSED SESSION

11. Public Employment (Government Code §54957) City Manager Reportable Action: No Action Taken

Page 17 of 227 ends

12. Significant exposure to litigation pursuant to Government Code §54956.9(b): One Case Reportable Action: No Action Taken
Closed Session Adjourned at approximately 7:00 p.m.

ADJOURNMENT
Sarah Drake, Deputy City Clerk

Page 18 of 227 ends

SPECIAL CITY COUNCIL MINUTES
February 09, 2024

MCFARLAND CITY COUNCIL

CALL TO ORDER
Mayor S. Ayon called the special meeting to order at 1:00 p.m.

ROLL CALL
Councilmembers Present: Mayor S. Ayon, Councilmember A. Ayon, Councilmember Gonzalez Councilmember Pérez
Councilmembers Absent: Vice Mayor Cano,

OFFICIALS PRESENT
City Manager Williams, Chief of Police Knox, Assistant Public Works Director Cabrera, Human Resources Director McCuan, Community Development Director Saldana

INVOCATION
Gabriel Diaz

PLEDGE OF ALLEGIANCE
Marco Martinez

PRESENTATIONS, INTRODUCTIONS AND AWARDS
Ceremonial Check Presentation- Recognition to Senator Melissa Hurtado & Assemblymember Dr. Jasmeet Bains.
a. Presentation Introduction - Mayor Saul Ayon
b. Comments from City Council Members
c. Comments from Chief of Police Brian L. Knox
d. Recognition and Comments from Senator Melissa Hurtado e. Recognition and Comments from Assembly Member Dr. Jasmeet Bains f. Recognition and Comments by Tim Johnson representation GEO Corp.

PUBLIC COMMENT:

The following students from McFarland High School engaged the Council with questions about the project:

Diana Reyes Mendoza
Renee Simano
Eric Ontarveros
County Supervisor David Couch provided comments

CEREMONIAL CHECK PRESENTATION
The Mayor led dignitaries and Council in presentation of the ceremonial check to the City.

Page 19 of 227 ends

CLOSING REMARKS
Mayor Ayon provided closing comments.

DEPARTMENTAL REPORTS
None

CONSENT AGENDA
None

ADMINISTRATIVE AGENDA
None
COUNCIL STATEMENTS AND REPORTS:

None

PUBLIC HEARINGS
None

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS None

CLOSED SESSION
None

ADJOURNMENT
A motion was made by: Councilmember Perez; 2nd by: Councilmember Ayon to adjourn the meeting at 2:10 p.m.

ROLL CALL VOTE: 4/0
AYES: S. Ayon, A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: R. Cano
Paul M. Saldana
_________________________
Paul Saldana, Deputy City Clerk

Page 20 of 227 ends

SPECIAL CITY COUNCIL MINUTES
February 15, 2024

MCFARLAND CITY COUNCIL

CALL TO ORDER
Vice Mayor Cano called the special meeting to order at 5:00 p.m.

ROLL CALL
Councilmembers Present: Vice Mayor Cano, Councilmember A. Ayon, Councilmember Gonzalez Councilmember Pérez
Councilmembers Absent: Mayor S. Ayon

OFFICIALS PRESENT
City Manager Williams and City Clerk Alvarado

INVOCATION
None

PLEDGE OF ALLEGIANCE
None

PRESENTATIONS, INTRODUCTIONS AND AWARDS
None
PUBLIC COMMENT:

Opened: 5:01 p.m. NO comments from the public were presented.

DEPARTMENTAL REPORTS
None

CONSENT AGENDA
None

ADMINISTRATIVE AGENDA
None
COUNCIL STATEMENTS AND REPORTS:

None

PUBLIC HEARINGS
None

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS None

Page 21 of 227 ends

CLOSED SESSION

1. Public Employment (Government Code §54957) City Manager Reportable Action: Direction Given to City Manager
Closed Session Adjourned at 5:37 p.m.

ADJOURNMENT
A motion was made by: Councilmember Gonzalez; 2nd by: Councilmember Pérez to adjourn to closed session at 5:02 p.m.

ROLL CALL VOTE: 4/0
AYES: R. Cano, A. Ayon, A. Gonzalez, M. Pérez
NAYS: None
ABSTAIN: None
ABSENT: S. Ayon
___________________________________________
Francisca Alvarado, City Clerk

Page 22 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 8.

Section: CONSENT AGENDA
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Paul Saldaña , Community Development Director
SUBJECT: Approval of Resolution No. 2024-15 A RESOLUTION OF THE CITY COUNCIL OF McFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 3, 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.

SUMMARY:

Leora, LLC as sub-divider for Tract Map No. 7393 has submitted the Final Tract Map for phase 3 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 Community Development Director and City Attorney have reviewed the subdivision agreement in accordance with City standards and recommend approval.

FINANCIAL IMPACT:

The construction project is fully funded by developers and the sub-divider has paid the final map and recording fees.

RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2024-15 approving the recordation of Final Tract Map for Phase 3 and Subdivision Agreement with Leora, LLC for Tract 7393.

Approval is contingent upon the receipt of required improvement bonds, subdivision guarantee and improvement agreement Authorize the City Clerk to endorse the final map and authorizing the City Engineer to transmit same to the county clerk’s office.

ATTACHMENTS:

1. Tract 7393 Phase 3 Map

2. Subdivision Improvement Agreement Tract 7393 Phase 3__

Page 23 of 227 ends

RESOLUTION NO. 2024-15

A RESOLUTION OF THE CITY COUNCIL OF MCFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7393 PHASE 3, 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. 7214, has submitted the Final Map for Tract Map No. 7393 Phase 3 in the City of McFarland; and WHEREAS, the Tentative Tract Map No. 7393 Phase 3 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 3 and it has been approved by the City Engineer and City Planner.

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 3.

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

3. 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 the passage and adoption of this resolution.

7. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on February 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

Page 24 of 227 ends

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

Page 25 of 227 ends

Page 26 of 227 ends

Page 27 of 227 ends

Page 28 of 227 ends

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. 24-001 (“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

Page 29 of 227 ends

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”).

Page 30 of 227 ends

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:

Page 31 of 227 ends

-2-

1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, the Development Agreement, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more specifically described in the tentative map and in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).

B. To the extent necessary to construct the Improvements, as determined by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider’s obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Subdivider and the City.

C. Subject to any time extensions granted in accordance with Section 6 of this Agreement, the Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data.

D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City’s acceptance of all other Improvements pursuant to Section 4 of this Agreement. As used herein, “monumentation” shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes for said points.

E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the Director.

F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the expiration of the required one-year guarantee and warranty period as specified herein. Neither the City, nor its officers, officials, employees, agents or volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.

G. In addition to and separate from: (i) the indemnity obligations contained in Section 9 of this Agreement; (ii) the care, repair and maintenance obligations contained in Subsection F of Section 1 of this Agreement; and (iii) the warranty and guarantee provisions of Section 5 of this Agreement, the Subdivider shall repair and correct any defect in the construction of the rolled curb and gutters installed in the Subdivision for a period of two (2) years after the City’s acceptance of said improvements, provided the City provides notice to the Subdivider of the

Page 32 of 227 ends

-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.

Page 33 of 227 ends

-4-
Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within City right of way and property, to City for public use.

4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the Director and other City personnel and inspection consultants.

B. Upon completion of the work on all of the Improvements specified in Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the Director.

Within twenty (20) days of receipt of the written letter request, the Director shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the Director determines that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the Director shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City, the Director’s certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the Director or some other official of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with the City’s formally adopted fees and rates.

C. Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the Director following inspection of said public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the Director’s recommendation that such public Improvements have been completed within thirty (30) days following certification by the Director. A Notice of Completion (“NOC”) shall be recorded immediately after the City Council has accepted the Improvements as complete. Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by the City or such other public entity of any defects in the Improvements[KH1].

5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Subject only to Section 1.G, within the one-year period commencing on the date the NOC is recorded if any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty on behalf of the Subdivider shall

Page 34 of 227 ends

-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,

Page 35 of 227 ends

-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

Page 36 of 227 ends

-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

Page 37 of 227 ends

-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.

Page 38 of 227 ends

-9-

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

Page 39 of 227 ends

-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.

Page 40 of 227 ends

-11-

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

Page 41 of 227 ends

-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.

Page 42 of 227 ends

-13-
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.

Page 43 of 227 ends

-14-
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

Page 44 of 227 ends

-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;

Page 45 of 227 ends

-16-

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.

Page 46 of 227 ends

-17-
G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys’ fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider’s contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Subdivider’s obligations under this Agreement. The Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of the City.

14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.

B. The sale or other disposition of the Subdivision shall not relieve the Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire Subdivision to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon the City’s approval of the novation and substitution of Improvement Securities, the Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement.

15. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows:

If to the City: City of McFarland
Attn: City Manager
401 W Kern Avenue
McFarland, CA 93250
With a copy to: Nathan M. Hodges, City Attorney
[email protected]
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may subsequently be
designated in written notice to the City.

Page 47 of 227 ends

-18-
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.

Page 48 of 227 ends

-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

Page 49 of 227 ends

INSERT NOTARY

Page 50 of 227 ends

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:

Being a subdivision of a portion of the designated remainder parcel of tract map no. 7393-Phase 2, according to the map thereof, recorded November 1, 2023, in map book 67, at page 83 of maps, in the office of the Kern County Recorder. Also lying in a portion of the north half of the southeast quarter of section 14, township 26 south, range 25 east, M.D.B.&M in the city of McFarland, County of Kern, State of California.

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

Page 51 of 227 ends

Page 52 of 227 ends

Date: 12/19/2023
By: TCB
34 ENGINEERS ESTIMATE
TRACT NO 7393 Phase 3
No. of Lots
Acreage: 6.52
Item # Item Description Qty Unit Unit $ Item $ % COMPLETE REMAINDER 1,662 cy 9.00 14,958 90% $1,495.80
Grading

1. Grading Streets Sewer
Improvements
1,080 lf 30.00 32,400 90% $3,240.00
1,178 lf 55.00 64,790 90% $6,479.00
250 lf 65.00 16,250 90% $1,625.00
2 ea 5,000.00 10,000 90% $1,000.00

2. 4" Sewer Line (Laterals)

3. 8" Sewer Line

4. 10" Sewer Line

5. Tie-in

6. Standard Manhole 4 ea 2,600.00 10,400 90% $1,040.00
Subtotal $133,840 $13,384.00
Storm Drain Improvements
215 lf 120.00 25,800 90% $2,580.00
1 lf 4,000.00 4,000 90% $400.00

7. 18" Storm Drain Pipe

8. Standard Manhole

9. Type "A" Catch Basin 3 ea 5,000.00 15,000 90% $1,500.00 Subtotal $44,800 $4,480.00
Water Improvements
1,371 lf 35.00 47,985 90% $4,798.50
6 ea 1,050.00 6,300 90% $630.00

10. 8" C900 Waterline

11. 8" Gate Valve

12. Hydrant Assembly 2 ea 4,000.00 8,000 90% $800.00

19. Tie-in 2 ea 1,100.00 2,200 90% $220.00

20. 1" Water Services 34 ea 900.00 30,600 90% $3,060.00 Subtotal $95,085 $9,508.50
Street Improvements
728 tons 65.00 47,320 90% $4,732.00
1,243 cy 70.00 87,010 90% $8,701.00
548 lf 25.00 13,700 90% $1,370.00
1,912 lf 25.00 47,800 90% $4,780.00
4,324 sf 6.00 25,944 90% $2,594.40
4,216 sf 9.00 37,944 90% $3,794.40
4 ea 2,500.00 10,000 90% $1,000.00
4 ea 6,000.00 24,000 90% $2,400.00
4 ea 300.00 1,200 90% $120.00

21. AC Paving (2.5" Asphalt)

22. AG Base (8" Class 2)

23. 6" Curb & Gutter

24. Rolled Curb

25. 4" Thick Sidewalk

26. Driveways

27. Handicap Ramps

28. Street Lights - Mast Arm

29. Street Name Signs

30. Monument Encasements 4 ea 750.00 3,000 90% $300.00
Subtotal $297,918 $29,791.80
Total $586,601 $58,660
20% Contingency $117,320
$703,921
$527,941
Work Remaining $175,980
Total Estimate
Work Completed

EXHIBIT B

SCHEDULE OF IMPROVEMENTS FOR
FINAL TRACT MAP NO. 22-002
01159.0009/277118.1 Exhibit B-1

Page 53 of 227 ends

01159.0009/277118.1 Exhibit C-1

EXHIBIT C
Form of Improvement Securities
Surety Bond

Page 54 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 9.

Section: PUBLIC HEARINGS
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
SUBJECT: Approval of Resolution No. 2024-5 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND FINDING THERE ARE NO UNMET PUBLIC

TRANSIT NEEDS WHICH CAN BE REASONABLY BE MET IN THE CITY OF MCFARLAND.
a. Staff Report - Assistant Public Works Director Adam Cabrera b. Open Public Hearing & Recieve Public Testimony
c. Close Public Hearing
d. Motion to Approve Resolution No. 2024-5 A Resolution of the City Council of the City of McFarland Finding there are no Unmet Public Transit needs which can be reasonably be met in the City of McFarland.

SUMMARY:

Each year, the Kern County Council of Governments (KCOG) reviews unmet transit needs through a multi-jurisdictional public hearing process throughout Kern County. As part of this annual process, KCOG encourages member entities to conduct separate public hearings to receive local comments. Comments generated during the public hearing process are to be submitted to KCOG for inclusion in the annual Unmet Transit Needs Report of Findings. Public input will then be put into one of three categories:

A. That there are no unmet transit needs; or
B. That there are no unmet transit needs which are reasonable to meet; or C. That there are unmet transit needs, including those that are reasonable to meet.

FINANCIAL IMPACT:

No immediate financial impact.

RECOMMENDATION:

Staff recommends the City Council conduct a public hearing to receive input regarding unmet transit needs and direct staff to forward all comments to Kern County Council of Governments (KCOG) and approve Resolution No.

Page 55 of 227 ends

ATTACHMENTS:

1. Posting UNMET TRANSIT PH-02.22.2024

Page 56 of 227 ends

RESOLUTION NO. 2024-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND FINDING

THERE ARE NO UNMET PUBLIC TRANSIT NEEDS WHICH CAN REASONABLY BE MET IN THE CITY OF MCFARLAND (2024/2025).

WHEREAS, the Transportation Development Act of 1971 provides for the disbursement of funds from the Local Transportation Fund held in trust by Kern County Auditor-Controller for the purpose authorized by Article 8, Section 99400(a) Streets and Roads and Article 4, Section 99260(a) Public Transportation; and
WHEREAS, an eligible claimant wishing to receive an allocation from the Local Transportation Fund must first hold a Public Hearing where all Unmet Public Transit Needs can be reasonably be met are discussed.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. Pursuant to the provisions of law, a duly noticed and Public Hearing regarding Unmet Public Transit Needs was held; and

2. The finding was made that there were no Unmet Public Transit Needs that could reasonably be met in the City of McFarland; and

3. The City Manager of the City of McFarland is hereby duly authorized to sign all claims, assurances and necessary paperwork; and

4. A copy of this Resolution will be transmitted to the Kern Council of Governments in conjunction with the filing of a claim; and

5. The Kern Council of Governments is requested to concur in these findings and grant the allocation of funds specified in the Article 8 claim.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on February 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

Page 57 of 227 ends

Page 58 of 227 ends

NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of McFarland, County of Kern, State of California, does hereby set notice of public hearing wherein all unmet public transit needs that can reasonably be met are discussed.

Thursday, February 22, 2024 at 6:00 pm. In Person
Meeting 103 W. Sherwood Ave. McFarland, CA 93250
City Council Chambers
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. _________________________
Francisca Alvarado, City Clerk
Posted 01/05/2024

PUBLIC HEARING

CITY OF MCFARLAND, CALIFORNIA

Page 59 of 227 ends

DATE: February 22, 2024
TIME: 6:00 P.M.
103 WEST SHERWOOD AVE.

MCFARLAND, CA 93250

CITY COUNCIL CHAMBERS

ANY WRITTEN COMMENTS MAY BE

DIRECTED TO THE ATTENTION OF

FRANCISCA ALVARADO,
CITY CLERK @ 661-792-3091
[email protected]

THE CITY OF MCFARLAND DOES HEREBY

SET NOTICE OF PUBLIC HEARING

WHEREIN ALL UNMET PUBLIC TRANSIT

NEEDS THAT CAN REASONABLY MET ARE

DISCUSSED

Page 60 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 10.

Section: PUBLIC HEARINGS
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Introduction and First Reading of Ordinance No. 002-2024 AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR ASSESSOR’S PARCELS 060-420-14, 060- 420-20, 060-420-21, 060-420-24, 060-420-23, AND 060-420-13 a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing and Receive Public Testimony:
c. Close Public Hearing:
d. Motion to Waive the Reading of Ordinance Text in its Entirety Read by Title Only and Introduce Ordinance No. 002-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING THE
OFFICIAL ZONING MAP FOR ASSESSOR’S PARCELS 060-420-14,
060-420-20, 060-420-21, 060-420-24, 060-420-23, AND 060-420-13.

SUMMARY:

The City of McFarland received an application from Milicic Farming, LLC requesting an approval of a proposed Annexation 19 back in early 2023. In September of 2023, Planning Commission and City Council approved General Plan Land Use Map amendment, Pre-Zoning Map, and Initiation of Annexation 19. The City of McFarland received a request from the applicant to amend the previously approved Pre-Zoning map for APN: 060-420-14, 060-420- 20, 60-420-21, 060-420-24, 060-420-23, and 060-420-13.

Milicic Farming LLC’s Pre-Zoning Amendment request is on approximately 53 acres generally located West of Garzoli Avenue, South of Perkins Avenue, and West of the 99-Highway. Their request is to incorporate Commercial (C-2), Residential (R-1, R-4, R-1-5, E), and Park (P) zones. The City of McFarland initiated an Initial Study that resulted in the preparation of a Negative Declaration. An addendum was produced to incorporate the changes requested in this Pre-Zoning amendment.

The Planning Commission is scheduled to hear this item on February 20 and provide a recommendation to the Council.

FINANCIAL IMPACT:

No fiscal impact.

Page 61 of 227 ends

RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance 002-2024 and waive first reading.

ATTACHMENTS:

1. Ordinance No. 0002-2024 Attachment A

Page 62 of 227 ends

1 Exhibit A
Pre-Zoning Map

Page 63 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 11.

Section: PUBLIC HEARINGS
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Public Hearing on Draft Boundary Maps of Council Districts and Introduction and Waive First Reading of Ordinance No. 003-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND PROVIDING FOR THE

ELECTION OF MEMBERS OF THE CITY COUNCIL BY FOUR DISTRICTS,

ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF

EACH DISTRICT, ESTABLISHING THE ELECTION ORDER OF EACH
DISTRICT AND ADDING NEW SECTIONS TO CHAPTER 1.25 GENERAL

MUNICIPAL ELECTIONS OF THE MCFARLAND MUNICIPAL CODE TO
PROVIDE FOR CITY COUNCIL ELECTION DISTRICTS.
a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing
c. Close Public Hearing
d. Motion to Waive First Reading in its Entirety Read by Title Only and Introduce Ordinance No. 003-2024 AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND PROVIDING FOR THE

ELECTION OF MEMBERS OF THE CITY COUNCIL BY FOUR

DISTRICTS, ESTABLISHING THE BOUNDARIES AND

IDENTIFICATION NUMBER OF EACH DISTRICT, ESTABLISHING

THE ELECTION ORDER OF EACH DISTRICT AND ADDING NEW
SECTIONS TO CHAPTER 1.25 GENERAL MUNICIPAL ELECTIONS

OF THE MCFARLAND MUNICIPAL CODE TO PROVIDE FOR CITY
COUNCIL ELECTION DISTRICTS.
e. Schedule Second Reading and Adoption of Ordinance No. 003-2024.

SUMMARY:

On November 9, 2023, the City Council adopted Resolution 2023- 141 initiating the process to transition from an at-large election system to a district-based election system.

As required by Elections Code Section 10010, the City held two public hearings prior to the release of draft maps of election districts on December 14, 2023 and January 11, 2024. A new map was published on February 15, 2024, seven days prior to this hearing. Tonight is the second of a minimum of two public hearings on the draft maps held prior to the adoption of the final map. Following this hearing, Council may select a map and sequence of elections and introduce an ordinance to change the method of election to adopt by-district elections.

Page 64 of 227 ends

ANALYSIS
On November 9, 2023, the City Council adopted Resolution 2023- 141 initiating the process to transition from an at-large election system to a district-based election system. This change will create four (4) single-member districts, with each district having a single representative who must reside within that district. The Mayor will continue to be elected citywide. A key reason that the City is proceeding with district-based elections is the threat of significant litigation under the California Voting Rights Act (CVRA). Faced with potentially hundreds of thousands or even millions of dollars in legal fees and damages (as some cities have experienced), the Council decided to proceed with the creation of a district-based election system. This allows the City to retain its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so.

The first step in the transition process was to hold two public hearings to solicit input on the composition of City Council districts. These hearings were held at the December 14, 2023 and January 11, 2024 Regular City Council Meetings. The public was requested to provide testimony about the City’s “communities of interest” and other local factors that should be considered while drafting district boundaries.

Tonight’s hearing continues the second phase of the districting process, as required by California Elections Code Section 10010. In accordance with the law, the City must hold at least two public hearings on the proposed district boundary maps. The City held the first of these two hearings on February 8, 2024.

Furthermore, as required, the draft maps were made publicly available for at least seven days before the public hearing. Four draft maps were posted to the City website and available at City Hall by January 18. An additional draft map, drawn at Council’s direction, was published on February 15. The five draft maps are also included as a supplement to this staff report.

Following the presentation, Staff recommends the Council take public comment. After public comment, Staff and NDC are available to answer any questions residents may have asked during the public comment time.

Once public comment and Staff/NDC responses are concluded, Council can close the public hearing. Then, Councilmembers have the opportunity to ask any questions about this process of Staff and NDC, share their own thoughts regarding the maps. The Council has the opportunity at this time to remove maps from consideration, request additional maps or changes, and/or designate one or more “focus maps” to bring increased attention to those specific district plans (maps not designated as “focus maps” will continue to be available for discussion or consideration). Councilmembers have the opportunity to offer any reactions

Page 65 of 227 ends

or responses to comments made during the public hearing.

In reviewing draft maps, the City must ensure compliance with the following state and federally-mandated criteria, according to the Fair Maps Act of 2023 (as modified):

Federal Laws

1. Each council district shall contain a nearly equal population.

2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor (Shaw v. Reno, 509 U.S. 630 1993).

California Criteria for Cities
Districts shall be drawn according to the following criteria, ordered by priority (Elections Code Sec. 21601):

1. Districts shall be geographically contiguous.

2. Districts shall be drawn in a manner that minimizes the division of neighborhoods and local “communities of interest.”

3. District boundaries shall be easily identifiable and understandable by residents.

4. Districts shall be drawn to encourage geographical compactness.

In addition, districts “shall not favor or discriminate against an incumbent, political candidate, or political party...”
FINANCIAL IMPACT:

There is no fiscal impact.

RECOMMENDATION:

Staff recommends:

1.City Council conduct the public hearing.

2. Receive public input regarding proposed draft Council election district maps and McFarland neighborhoods and communities of interest

3. Select a final draft map and sequence of elections

4. Introduce an ordinance to approve the change of method of election to by-district elections and adopt election districts.

ATTACHMENTS:

1. Red Map

2. Yellow Map

3. Green Map

4. Purple Map

5. Orange Map

Page 66 of 227 ends

ORDINANCE NO. 3-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND ESTABLISHING A BY DISTRICT ELECTION

SYSTEM IN FOUR COUNCIL DISTRICTS PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10010, AND AMENDING
AND ADDING NEW SECTIONS TO CHAPTER 1.25 GENERAL

MUNICIPAL ELECTIONS OF THE MCFARLAND MUNICIPAL

CODE TO PROVIDE FOR CITY COUNCIL ELECTION DISTRICTS
Section 1. Recitals
WHEREAS, California Government Code Section 34886, effective January 1, 2016, permits the City Council of any city to change the City’s method of election by ordinance to a “by-district” system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected at-large, in accordance with California Government Code Section 34871, subdivision (c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at regular meeting of the City Council of the City of McFarland held on the 14th day of December 2023, the City Council adopted Resolution No. 2023-156 that initiated the process of establishing a by-district election system and adopting the schedule; therefore, and WHEREAS, thereafter, at regular meeting of the City Council of the City of McFarland held on the 11th day of January 2024, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City’s voting districts before any draft maps were drawn, and the City Council of the City of McFarland considered and discussed the same; and
WHEREAS, thereafter, at a regular meeting of the City Council of the City of McFarland held on the 8th day of February, 2024, respectively, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council of the City of McFarland considered and discussed the same; and
WHEREAS, at the regular meeting of the City Council of the City of McFarland held on the 22nd day of February 2024, the City Council directed staff to draft an ordinance adopting the voting district map known as ______ (attached hereto as Attachment A) and putting the Council districts ___ and ___ on the 2024 ballot, and the Council districts ___ and ___ on the 2026 ballot; and WHEREAS, at the regular meeting of the City Council of the City of __________ held on the __th day of__________, 20__, the City Council held a final public hearing on the proposal to establish district

Page 67 of 227 ends

boundaries, reviewed additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of __________; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including, but not limited to, two public workshops; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of McFarland by-district in four single-member districts as reflected in Attachment A to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section of Article II of the California Constitution.

Section 1. Code Amendment. Title 1 of the McFarland Municipal Code is hereby amended by adding Chapter 1.25to the existing title to read as follows:
“1.25 City Council Elections.
“1.25.010 Declaration of Purpose. The City Council of the City of McFarland hereby declares that the change of method of electing members of this Council hereby enacted is being made in furtherance of the California Voting Rights Act of 2001.
“1.25.020 City Council Districts Established. Four City Council districts are hereby established in the City of McFarland. The boundaries and identifying number of each district shall be as described on the Council District Map attached hereto as Exhibit “A” and incorporated hereby by this reference. “1.25.030 Election of Members of the City Council by District. “a. Following the effective date of this ordinance and upon the commencement of “by district” elections in the order established in Section 1.25.040 of this Code, Members of the City Council shall be elected “by District” as defined in California Government Code Section 34871 or any successor statute.

No term of any Member of the City Council that commenced prior to the effective date of this Ordinance shall be affected by the adoption of this Ordinance. “b. Registered voters signing nomination papers or voting for a Member of the City Council shall be residents of the geographical area making up the district from which the Member is to be elected. “c. The terms of the office of each Member elected to the City council shall remain four (4) years. “1.25.040 Commencement of District Elections. Commencing with the general municipal election in November of 2024 and thereafter the voters in districts ___ and ___ shall elect Members of the City Council by district for full four (4) year terms. At the general municipal election in 2026 and thereafter, the voters in districts ___ and ___ shall elect Members of the City Council by district for full four (4) year terms.
“Pursuant to Elections Code Section 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected.”
Section 2. Effective Date. This Ordinance shall take effect immediately upon its adoption.

Page 68 of 227 ends

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of McFarland hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 4. The City Clerk shall certify to the adoption of this Ordinance.

INTRODUCED, at a regular meeting of the City Council of the City of McFarland, California on 2/22/2024, by the following vote:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez
______________________________
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 February 22, 2024.

ATTEST:
________________________________
Saul Ayon, Mayor
APPROVED AS TO FORM:
_______________________________
Francisca Alvarado, City Clerk

Page 69 of 227 ends

Taylor Ave
Whisler Rd
Nill Ave
Perkins Ave
STATE RT 99
Elmo Hwy
Frontage Rd STATE RT 99
3rd St
Sherwood Ave
Kala Loop
Browning Rd
5 E Perkins Ave th St
Beryl Ave
Kyra Ave
Fernwood St
2nd St
Topaz Ave
Cliff Ave
San Juan St
Ebell St
Fletcher St
Hail Ln
Azurite Ave
Misty Ave
Davis Ave
Garden Prince Ct
Hayden Ave
1st St
Taylor Ave
Mast Ave
Moscato St
Butte St
W Kern Ave
California Ave
Perkins Ave
Hanawalt Ave
Sherwood Ave Access Ramp
Industrial St S Brown ni g Rd
Whisler Rd
Garzoli Ave
Stradley Ave
Hanawalt Ave
Sherwood Ave
Stradley Ave
Flame St
A St
Robertson Ave
B St
E Kern Ave
Garzoli Ave
Alcapulco Dr
Valincia Dr
R oi Santana Ct Kendrea St
Kimo Ct
Brentwood Ct
Driver Rd Driver Rd
Merlot St
7th St
W Sherwood Ave
6th St
11th St
10th St
W Perkins Ave
Quintana Ct
Coker Ave
8th St
E Sherwood Ave
San Lucas St
San Pedro St
Mount Arbor St
4th St Harlow Ave
3rd Pl
Lockwood Ave
Sherry Ct
Port Ct
Tokay St Price St
Yahut St
Concord Ct
Z ni fandel St
S 5th St
4th Pl
4 3
1 2
McFarland Districting 2024
The western extension
is in District 1
Sequence of Elections:

District 1 - 2024 or 2026
District 2 - 2024 or 2026
District 3 - 2026
District 4 - 2024
Red Map
©2021 CALIPER

Page 70 of 227 ends

NDC Red
District 1
Total Pop 3,578
Deviation from ideal 94
% Deviation 2.70%
% Hisp 95%
% NH White 3%
% NH Black 0%
% Asian-American 1%
Total 1,373
% Hisp 94%
% NH White 5%
% NH Black 0%
% Asian/Pac.Isl. 0%
Total 1,158
% Latino est. 98%
% Spanish-Surnamed 98%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 0%
% NH Black 0%
Total 362
% Latino est. 96%
% Spanish-Surnamed 86%
% Asian-Surnamed 0%
% Filipino-Surnamed 2%
% NH White est. 1%
% NH Black 0%
Total 614
% Latino est. 92%
% Spanish-Surnamed 92%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 6%
% NH Black est. 0%
ACS Pop. Est. Total 3,411
age0-19 44%
age20-60 48%
age60plus 8%
immigrants 33%
naturalized 27%
english 18%
spanish 82%
asian-lang 0%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 48%
hs-grad 56%
bachelor 1%
graduatedegree 1%
Child in Household child-under18 73%
Pct of Pop. Age 16+ employed 65%
income 0-25k 30%
income 25-50k 34%
income 50-75k 20%
income 75-200k 16%
income 200k-plus 0%
single family 67%
multi-family 33%
rented 57%
owned 43%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 3,507
23 0.66%
97%
2%
0%
0%
1,441
84%
16%
0%
0%
1,197
98%
98%
0%
1%
0%
0%
375
93%
84%
0%
1%
2%
0%
679
94%
94%
0%
2%
4%
0%
3,505
41%
46%
13%
33%
27%
25%
75%
0%
0%
49%
44%
1%
2%
62%
60%
26%
38%
16%
20%
0%
86%
14%
48%
52%
3 3,382
-102
-2.93%
95%
3%
1%
1%
1,433
90%
6%
1%
0%
1,133
97%
97%
0%
2%
0%
0%
360
93%
83%
0%
1%
2%
0%
603
88%
88%
0%
2%
5%
1%
4,030
35%
57%
8%
28%
24%
26%
73%
1%
0%
48%
49%
1%
1%
57%
52%
23%
32%
18%
24%
3%
90%
10%
42%
58%
4 3,468
-16
-0.46%
95%
3%
0%
1%
1,392
94%
3%
0%
3%
1,121
99%
99%
0%
2%
-1%
0%
342
95%
85%
1%
1%
2%
0%
611
92%
92%
0%
1%
11%
0%
3,108
38%
53%
9%
39%
20%
27%
71%
2%
0%
47%
60%
6%
3%
65%
55%
20%
41%
9%
30%
0%
99%
1%
38%
62%
Total
13,935
196

5.63%
96%
3%
0%
1%
5,639
91%
7%
0%
1%
4,610
98%
98%
1%
2%
0%
0%
1,438
94%
85%
0%
2%
2%
0%
2,507
92%
92%
0%
2%
6%
0%
14,054
39%
51%
10%
33%
24%
24%
75%
1%
0%
48%
51%
2%
2%
64%
57%
25%
36%
16%
22%
1%
85%
15%
46%
54%
02/14/2024 15:26 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 71 of 227 ends

Taylor Ave
Whisler Rd
Nill Ave
Perkins Ave
STATE RT 99
Elmo Hwy
Frontage Rd STATE RT 99
3rd St
Sherwood Ave
Kala Loop
Browning Rd
5 E Perkins Ave th St
Beryl Ave
Kyra Ave
Fernwood St
2nd St
Topaz Ave
Cliff Ave
San Juan St
Ebell St
Fletcher St
Hail Ln
Azurite Ave
Misty Ave
Davis Ave
Garden Prince Ct
Hayden Ave
1st St
Taylor Ave
Mast Ave
Moscato St
Butte St
W Kern Ave
California Ave
Perkins Ave
Hanawalt Ave
Sherwood Ave Access Ramp
Industrial St S Brown ni g Rd
Whisler Rd
Garzoli Ave
Stradley Ave
Hanawalt Ave
Sherwood Ave
Stradley Ave
Flame St
A St
Robertson Ave
B St
E Kern Ave
Garzoli Ave
Alcapulco Dr
Valincia Dr
R oi Santana Ct Kendrea St
Kimo Ct
Brentwood Ct
Driver Rd Driver Rd
Merlot St
7th St
W Sherwood Ave
6th St
11th St
10th St
W Perkins Ave
Quintana Ct
Coker Ave
8th St
E Sherwood Ave
San Lucas St
San Pedro St
Mount Arbor St
4th St Harlow Ave
3rd Pl
Lockwood Ave
Sherry Ct
Port Ct
Tokay St Price St
Yahut St
Concord Ct
Z ni fandel St
S 5th St
4th Pl
4 2
1 3
McFarland Districting 2024
The western extension
is in District 1
Sequence of Elections:

District 1 - 2024 or 2026
District 2 - 2024 or 2026
District 3 - 2026
District 4 - 2024
Yellow Map
©2021 CALIPER

Page 72 of 227 ends

NDC Yellow
District 1
Total Pop 3,429
Deviation from ideal -55
% Deviation -1.58%
% Hisp 95%
% NH White 3%
% NH Black 0%
% Asian-American 1%
Total 1,404
% Hisp 90%
% NH White 9%
% NH Black 0%
% Asian/Pac.Isl. 0%
Total 1,115
% Latino est. 97%
% Spanish-Surnamed 97%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 0%
% NH Black 0%
Total 353
% Latino est. 95%
% Spanish-Surnamed 85%
% Asian-Surnamed 0%
% Filipino-Surnamed 2%
% NH White est. 2%
% NH Black 0%
Total 593
% Latino est. 90%
% Spanish-Surnamed 90%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 7%
% NH Black est. 0%
ACS Pop. Est. Total 3,301
age0-19 45%
age20-60 46%
age60plus 9%
immigrants 32%
naturalized 27%
english 25%
spanish 75%
asian-lang 0%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 38%
hs-grad 54%
bachelor 2%
graduatedegree 3%
Child in Household child-under18 73%
Pct of Pop. Age 16+ employed 62%
income 0-25k 25%
income 25-50k 32%
income 50-75k 24%
income 75-200k 18%
income 200k-plus 0%
single family 68%
multi-family 32%
rented 48%
owned 52%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

5.42%
98%
1%
0%
1%
1,712
97%
3%
0%
0%
1,301
99%
99%
0%
2%
0%
0%
396
95%
86%
1%
1%
1%
0%
739
95%
95%
0%
2%
3%
1%
4,118
32%
57%
11%
30%
25%
25%
74%
1%
0%
48%
50%
1%
1%
55%
54%
28%
35%
14%
20%
3%
88%
12%
44%
56%
3 3,488
4 0.11%
96%
3%
0%
0%
1,102
81%
18%
0%
0%
1,101
97%
97%
0%
2%
1%
0%
357
92%
82%
0%
1%
3%
0%
588
90%
90%
0%
2%
5%
0%
3,555
45%
46%
10%
31%
27%
21%
79%
0%
0%
55%
41%
1%
2%
68%
61%
24%
37%
18%
22%
0%
86%
14%
55%
45%
4 3,345
-139
-3.99%
94%
4%
1%
1%
1,420
91%
4%
1%
3%
1,092
99%
99%
0%
2%
-1%
0%
333
95%
85%
1%
1%
2%
0%
587
90%
90%
1%
1%
11%
0%
3,080
36%
55%
8%
38%
19%
26%
72%
2%
0%
49%
61%
6%
2%
63%
54%
21%
40%
8%
30%
1%
100%
0%
38%
62%
Total
13,935
328

9.41%
96%
3%
0%
1%
5,639
91%
7%
0%
1%
4,610
98%
98%
1%
2%
0%
0%
1,438
94%
85%
0%
2%
2%
0%
2,507
92%
92%
0%
2%
6%
0%
14,054
39%
51%
10%
33%
24%
24%
75%
1%
0%
48%
51%
2%
2%
64%
57%
25%
36%
16%
22%
1%
85%
15%
46%
54%
01/17/2024 1:24 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 73 of 227 ends

Taylor Ave
Whisler Rd
Nill Ave
Perkins Ave
STATE RT 99
Elmo Hwy
Frontage Rd STATE RT 99
3rd St
Sherwood Ave
Kala Loop
Browning Rd
5 E Perkins Ave th St
Beryl Ave
Kyra Ave
Fernwood St
2nd St
Topaz Ave
Cliff Ave
San Juan St
Ebell St
Fletcher St
Hail Ln
Azurite Ave
Misty Ave
Davis Ave
Garden Prince Ct
Hayden Ave
1st St
Taylor Ave
Mast Ave
Moscato St
Butte St
W Kern Ave
California Ave
Perkins Ave
Hanawalt Ave
Sherwood Ave Access Ramp
Industrial St S Brown ni g Rd
Whisler Rd
Garzoli Ave
Stradley Ave
Hanawalt Ave
Sherwood Ave
Stradley Ave
Flame St
A St
Robertson Ave
B St
E Kern Ave
Garzoli Ave
Alcapulco Dr
Valincia Dr
R oi Santana Ct Kendrea St
Kimo Ct
Brentwood Ct
Driver Rd Driver Rd
Merlot St
7th St
W Sherwood Ave
6th St
11th St
10th St
W Perkins Ave
Quintana Ct
Coker Ave
8th St
E Sherwood Ave
San Lucas St
San Pedro St
Mount Arbor St
4th St Harlow Ave
3rd Pl
Lockwood Ave
Sherry Ct
Port Ct
Tokay St Price St
Yahut St
Concord Ct
Z ni fandel St
S 5th St
4th Pl 4
1 3
2 McFarland Districting 2024
The western extension
is in District 1
Sequence of Elections:

District 1 - 2024 or 2026
District 2 - 2024 or 2026
District 3 - 2024 or 2026
District 4 - 2024 or 2026
Green Map
©2021 CALIPER

Page 74 of 227 ends

NDC Green
District 1
Total Pop 3,435
Deviation from ideal -49
% Deviation -1.41%
% Hisp 94%
% NH White 3%
% NH Black 0%
% Asian-American 1%
Total 1,274
% Hisp 90%
% NH White 9%
% NH Black 0%
% Asian/Pac.Isl. 0%
Total 1,018
% Latino est. 98%
% Spanish-Surnamed 98%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 0%
% NH Black 0%
Total 321
% Latino est. 95%
% Spanish-Surnamed 86%
% Asian-Surnamed 0%
% Filipino-Surnamed 2%
% NH White est. 1%
% NH Black 0%
Total 539
% Latino est. 89%
% Spanish-Surnamed 89%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 7%
% NH Black est. 0%
ACS Pop. Est. Total 3,324
age0-19 45%
age20-60 47%
age60plus 8%
immigrants 32%
naturalized 27%
english 17%
spanish 83%
asian-lang 0%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 49%
hs-grad 53%
bachelor 1%
graduatedegree 1%
Child in Household child-under18 73%
Pct of Pop. Age 16+ employed 65%
income 0-25k 28%
income 25-50k 33%
income 50-75k 23%
income 75-200k 16%
income 200k-plus 0%
single family 68%
multi-family 32%
rented 55%
owned 45%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 3,521
37 1.06%
98%
1%
0%
0%
1,402
97%
3%
0%
0%
1,213
99%
99%
0%
2%
0%
0%
369
95%
86%
1%
1%
1%
0%
656
98%
98%
0%
2%
2%
0%
3,417
37%
48%
15%
35%
27%
21%
79%
0%
0%
56%
46%
1%
0%
59%
63%
34%
38%
11%
17%
0%
84%
16%
56%
44%
3 3,535
51 1.46%
95%
3%
0%
1%
1,537
83%
14%
0%
3%
1,221
98%
98%
0%
1%
0%
0%
381
93%
84%
1%
1%
4%
0%
691
93%
93%
0%
1%
9%
0%
3,308
42%
48%
10%
36%
22%
34%
65%
1%
0%
36%
54%
5%
4%
66%
54%
15%
39%
16%
31%
0%
96%
4%
30%
70%
4 3,444
-40
-1.15%
95%
3%
1%
1%
1,426
93%
4%
1%
0%
1,157
98%
98%
1%
2%
0%
0%
368
93%
84%
0%
2%
2%
0%
621
86%
86%
0%
3%
7%
1%
4,005
34%
59%
6%
29%
22%
23%
75%
1%
0%
51%
53%
2%
1%
59%
51%
21%
34%
15%
27%
3%
94%
6%
41%
59%
Total
13,935
100

2.87%
96%
3%
0%
1%
5,639
91%
7%
0%
1%
4,610
98%
98%
1%
2%
0%
0%
1,438
94%
85%
0%
2%
2%
0%
2,507
92%
92%
0%
2%
6%
0%
14,054
39%
51%
10%
33%
24%
24%
75%
1%
0%
48%
51%
2%
2%
64%
57%
25%
36%
16%
22%
1%
85%
15%
46%
54%
01/16/2024 14:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 75 of 227 ends

Taylor Ave
Whisler Rd
Nill Ave
Perkins Ave
STATE RT 99
Elmo Hwy
Frontage Rd STATE RT 99
3rd St
Sherwood Ave
Kala Loop
Browning Rd
5 E Perkins Ave th St
Beryl Ave
Kyra Ave
Fernwood St
2nd St
Topaz Ave
Cliff Ave
San Juan St
Ebell St
Fletcher St
Hail Ln
Azurite Ave
Misty Ave
Davis Ave
Garden Prince Ct
Hayden Ave
1st St
Taylor Ave
Mast Ave
Moscato St
Butte St
W Kern Ave
California Ave
Perkins Ave
Hanawalt Ave
Sherwood Ave Access Ramp
Industrial St S Brown ni g Rd
Whisler Rd
Garzoli Ave
Stradley Ave
Hanawalt Ave
Sherwood Ave
Stradley Ave
Flame St
A St
Robertson Ave
B St
E Kern Ave
Garzoli Ave
Alcapulco Dr
Valincia Dr
R oi Santana Ct Kendrea St
Kimo Ct
Brentwood Ct
Driver Rd Driver Rd
Merlot St
7th St
W Sherwood Ave
6th St
11th St
10th St
W Perkins Ave
Quintana Ct
Coker Ave
8th St
E Sherwood Ave
San Lucas St
San Pedro St
Mount Arbor St
4th St Harlow Ave
3rd Pl
Lockwood Ave
Sherry Ct
Port Ct
Tokay St Price St
Yahut St
Concord Ct
Z ni fandel St
S 5th St
4th Pl
1 3
4 2
McFarland Districting 2024
The western extension
is in District 3
Sequence of Elections:

District 1 - 2024 or 2026
District 2 - 2024 or 2026
District 3 - 2026
District 4 - 2024
Purple Map
©2021 CALIPER

Page 76 of 227 ends

NDC Purple
District 1
Total Pop 3,428
Deviation from ideal -56
% Deviation -1.61%
% Hisp 93%
% NH White 5%
% NH Black 1%
% Asian-American 1%
Total 1,146
% Hisp 89%
% NH White 7%
% NH Black 1%
% Asian/Pac.Isl. 0%
Total 1,030
% Latino est. 97%
% Spanish-Surnamed 97%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 0%
% NH Black 0%
Total 329
% Latino est. 93%
% Spanish-Surnamed 84%
% Asian-Surnamed 0%
% Filipino-Surnamed 2%
% NH White est. 1%
% NH Black 0%
Total 539
% Latino est. 84%
% Spanish-Surnamed 84%
% Asian-Surnamed 0%
% Filipino-Surnamed 3%
% NH White est. 10%
% NH Black est. 0%
ACS Pop. Est. Total 3,676
age0-19 41%
age20-60 51%
age60plus 7%
immigrants 30%
naturalized 26%
english 15%
spanish 84%
asian-lang 0%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 59%
hs-grad 48%
bachelor 1%
graduatedegree 1%
Child in Household child-under18 67%
Pct of Pop. Age 16+ employed 60%
income 0-25k 27%
income 25-50k 34%
income 50-75k 19%
income 75-200k 20%
income 200k-plus 1%
single family 80%
multi-family 20%
rented 56%
owned 44%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 3,521
37 1.06%
98%
1%
0%
0%
1,402
97%
3%
0%
0%
1,213
99%
99%
0%
2%
0%
0%
369
95%
86%
1%
1%
1%
0%
656
98%
98%
0%
2%
2%
0%
3,417
37%
48%
15%
35%
27%
21%
79%
0%
0%
56%
46%
1%
0%
59%
63%
34%
38%
11%
17%
0%
84%
16%
56%
44%
3 3,341
-143
-4.10%
96%
2%
0%
1%
1,481
81%
19%
0%
0%
1,173
97%
97%
1%
1%
1%
0%
378
93%
83%
0%
2%
4%
0%
648
91%
91%
1%
2%
5%
0%
3,289
45%
44%
11%
32%
27%
34%
66%
0%
0%
29%
50%
2%
5%
71%
57%
17%
33%
26%
23%
0%
77%
23%
36%
64%
4 3,645
161

4.62%
96%
2%
0%
1%
1,610
95%
2%
0%
3%
1,193
99%
99%
0%
2%
-1%
0%
363
95%
86%
1%
1%
2%
0%
664
92%
92%
0%
1%
9%
1%
3,671
34%
60%
6%
35%
19%
27%
71%
2%
0%
46%
60%
5%
2%
61%
51%
20%
38%
10%
30%
2%
100%
0%
35%
65%
Total
13,935
304

8.73%
96%
3%
0%
1%
5,639
91%
7%
0%
1%
4,610
98%
98%
1%
2%
0%
0%
1,438
94%
85%
0%
2%
2%
0%
2,507
92%
92%
0%
2%
6%
0%
14,054
39%
51%
10%
33%
24%
24%
75%
1%
0%
48%
51%
2%
2%
64%
57%
25%
36%
16%
22%
1%
85%
15%
46%
54%
01/17/2024 0:32 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 77 of 227 ends

Taylor Ave
Whisler Rd
Nill Ave
Perkins Ave
STATE RT 99
Elmo Hwy
Frontage Rd STATE RT 99
3rd St
Sherwood Ave
Kala Loop
Browning Rd
5 E Perkins Ave th St
Beryl Ave
Kyra Ave
Fernwood St
2nd St
Topaz Ave
Cliff Ave
San Juan St
Ebell St
Fletcher St
Hail Ln
Azurite Ave
Misty Ave
Davis Ave
Garden Prince Ct
Hayden Ave
1st St
Taylor Ave
Mast Ave
Moscato St
Butte St
W Kern Ave
California Ave
Perkins Ave
Hanawalt Ave
Sherwood Ave Access Ramp
Industrial St S Brown ni g Rd
Whisler Rd
Garzoli Ave
Stradley Ave
Hanawalt Ave
Sherwood Ave
Stradley Ave
Flame St
A St
Robertson Ave
B St
E Kern Ave
Garzoli Ave
Alcapulco Dr
Valincia Dr
R oi Santana Ct Kendrea St
Kimo Ct
Brentwood Ct
Driver Rd Driver Rd
Merlot St
7th St
W Sherwood Ave
6th St
11th St
10th St
W Perkins Ave
Quintana Ct
Coker Ave
8th St
E Sherwood Ave
San Lucas St
San Pedro St
Mount Arbor St
4th St Harlow Ave
3rd Pl
Lockwood Ave
Sherry Ct
Port Ct
Tokay St Price St
Yahut St
Concord Ct
Z ni fandel St
S 5th St
4th Pl
4 1
3 2
McFarland Districting 2024
The western extension
is in District 1
Sequence of Elections:

District 1 - 2024 or 2026
District 2 - 2026
District 3 - 2024
District 4 - 2024 or 2026
Orange Map
©2021 CALIPER

Page 78 of 227 ends

NDC Orange
District 1
Total Pop 3,578
Deviation from ideal 94
% Deviation 2.70%
% Hisp 95%
% NH White 3%
% NH Black 0%
% Asian-American 1%
Total 1,373
% Hisp 94%
% NH White 5%
% NH Black 0%
% Asian/Pac.Isl. 0%
Total 1,158
% Latino est. 98%
% Spanish-Surnamed 98%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 0%
% NH Black 0%
Total 362
% Latino est. 96%
% Spanish-Surnamed 86%
% Asian-Surnamed 0%
% Filipino-Surnamed 2%
% NH White est. 1%
% NH Black 0%
Total 614
% Latino est. 92%
% Spanish-Surnamed 92%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 6%
% NH Black est. 0%
ACS Pop. Est. Total 3,411
age0-19 44%
age20-60 48%
age60plus 8%
immigrants 33%
naturalized 27%
english 18%
spanish 82%
asian-lang 0%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 48%
hs-grad 56%
bachelor 1%
graduatedegree 1%
Child in Household child-under18 73%
Pct of Pop. Age 16+ employed 65%
income 0-25k 30%
income 25-50k 34%
income 50-75k 20%
income 75-200k 16%
income 200k-plus 0%
single family 67%
multi-family 33%
rented 57%
owned 43%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 3,546
62 1.78%
95%
4%
0%
0%
1,257
76%
23%
0%
0%
1,196
96%
96%
0%
1%
1%
0%
390
91%
82%
0%
1%
4%
0%
655
88%
88%
0%
2%
7%
0%
3,673
45%
45%
9%
30%
26%
26%
74%
0%
0%
47%
42%
2%
4%
69%
57%
15%
37%
21%
26%
0%
90%
10%
42%
58%
3 3,528
44 1.26%
95%
2%
1%
1%
1,607
93%
2%
1%
3%
1,194
99%
99%
0%
2%
-1%
0%
365
95%
85%
1%
2%
2%
0%
656
91%
91%
0%
1%
8%
1%
3,641
34%
60%
6%
34%
19%
27%
71%
2%
0%
46%
60%
5%
2%
61%
50%
19%
38%
10%
30%
2%
100%
0%
34%
66%
4 3,283
-201
-5.77%
97%
2%
0%
0%
1,401
97%
2%
0%
0%
1,061
99%
99%
0%
2%
0%
0%
321
95%
86%
1%
1%
0%
0%
582
95%
95%
0%
2%
4%
0%
3,329
34%
51%
15%
34%
26%
25%
75%
0%
0%
51%
47%
1%
0%
55%
60%
33%
35%
13%
19%
1%
86%
14%
51%
49%
Total
13,935
295

8.47%
96%
3%
0%
1%
5,639
91%
7%
0%
1%
4,610
98%
98%
1%
2%
0%
0%
1,438
94%
85%
0%
2%
2%
0%
2,507
92%
92%
0%
2%
6%
0%
14,054
39%
51%
10%
33%
24%
24%
75%
1%
0%
48%
51%
2%
2%
64%
57%
25%
36%
16%
22%
1%
85%
15%
46%
54%
01/17/2024 0:18 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 79 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 12.

Section: PUBLIC HEARINGS
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Public Hearing for Consideration and Adoption of Resolution No. 2024-16 A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

APPROVING THE INITIAL STUDY AND NEGATIVE DECLARATION FOR PROPOSED ANNEXATION 20; Introduction and Wave First Reading of Ordinance No. 004-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR
PARCELS 060-090-24, 060-090-06, 060-090-25, AND 060-090-20; Consideration and Adoption of Resolution No. 2024-17 A RESOLUTION OF

THE CITY OF MCFARLAND REQUESTING INITIATION OF PROCEEDINGS

FOR ANNEXATION OF TERRITORY TO THE CITY OF MCFARLAND TO BE IDENTIFIED AS ANNEXATION NO. 20.
a. Staff Report-Community Development Director, Paul Saldaña b. Open Public Hearing and Receive Public Testimony
c. Close Public Hearing
d. Motion to Adopt Resolution No. 2024-16 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING THE INITIAL

STUDY AND NEGATIVE DECLARATION FOR PROPOSED
ANNEXATION 20
e. Motion to Waive the Reading Ordinance Text in its Entirety Read by Title Only and Introduce Ordinance No. 004-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING THE
OFFICIAL ZONING MAP FOR PARCELS 060-090-24, 060-090-06, 060-090-25, AND 060-090-20.
f. Motion to Adopt Resolution No. 2024-17 A RESOLUTION OF THE CITY

OF MCFARLAND REQUESTING INITIATION OF PROCEEDINGS FOR

ANNEXATION OF TERRITORY TO THE CITY OF MCFARLAND TO
BE IDENTIFIED AS ANNEXATION NO. 20.

SUMMARY:

The City of McFarland received an application from David M. Snell requesting an amendment to the General Plan Land Use Map for their parcel at APN: 060-090-24, 060-090-25, and 060- 090-20. Snell’s request is on approximately 155.15 acres generally located West of Garzoli Avenue, South of Taylor Avenue, and East of Stradley Avenue. Their request is to change the General Plan designation from Agriculture to Residential. This request also includes amending the McFarland Zoning Map by pre-zoning approximately 174.70 acres that includes the 155.15

Page 80 of 227 ends

acres previously mentioned. The Pre-Zoning will incorporate Residential (R-1) zoning. The Pre-Zoning request is for parcels at APN: 060-090-24, 060-090-06, 060-090-25, and 060-090-

20. The City of McFarland reviewed the application and initiated an Initial Study that resulted in the preparation of a Negative Declaration. The applicant’s request comes with a letter of intent for future residential development from Leora, LLC. The same developer is currently building 350 homes to the East of the applicant’s property.

Pursuant to the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) for the project. This IS/ND has been completed and is to be approved alongside the GPA 2024-01, Pre-Zoning (Ordinance 005-2024) and approve initiation of proceedings for Annexation 20. The Planning Commission is set to consider the item at their meeting of February 20 and their recommendation will be transmitted during the staff report.

FINANCIAL IMPACT:

Some fiscal impact will be generated by the construction of new homes and the addition of new residents.

RECOMMENDATION:

Staff Recommends:

1. City Council hold Public Hearing and Receive Public Testimony

2. Adopt Resolution No. 2024-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MCFARLAND APPROVING THE INITIAL STUDY AND NEGATIVE DECLARATION FOR PROPOSED ANNEXATION 20

3. Waive the Reading Ordinance Text in its Entirety Read by Title Only and Introduce Ordinance No. 004-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING THE OFFICIAL ZONING MAP FOR PARCELS 060-090-24, 060-090-06, 060-090-25, AND 060-090-20.

4. Adopt Resolution No. 2024-17 A RESOLUTION OF THE CITY OF MCFARLAND

REQUESTING INITIATION OF PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF MCFARLAND TO BE IDENTIFIED AS ANNEXATION NO. 20.

ATTACHMENTS:

1. Resolution 2024-16

2. Initial Study and Neg Dec Annex 20

3. Ordinance No. 0003-2024

4. Resolution 2024-17 (Annex 20)

Page 81 of 227 ends

RESOLUTION NO. 2024-0016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND APPROVING NEGATIVE DECLARATION FOR
GENERAL PLAN AMENDMENT (GPA 2024-01), INITIATION OF
PROCEEDINGS FOR ANNEXATION #20, AND PRE-ZONING FOR
ANNEXATION #20.

WHEREAS, David M. Snell has filed an application for GPA 2024-01 requesting an amendment to the General Plan Land Use Map. Snell’s General Plan Amendment request is on approximately 155.15 acres generally located West of Garzoli Avenue, South of Taylor Avenue, East of Stradley Avenue, and North of Hanawalt Avenue; WHEREAS, the project is a request to change the General Plan designation on the approximately 155.15 acres from Agriculture to Residential; and WHEREAS, the project sites are located on Assessor’s Parcel Number’s 060-090- 24,060-090-06, 060-090-25, and 060-090-20 as depicted in Exhibit “B”; and WHEREAS, this proposal for annexation is made pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 of the Government Code 56700 and it is requested that the proceedings be authorized for annexation in accordance therewith; and WHEREAS, the owners of the affected territory desire to receive municipal services from the City and the City desires to receive tax revenues for the benefits given and to be given to the territory proposed to be annexed; and
WHEREAS, pursuant to Section 56653, the City of McFarland will provide the adequate public utilities and services to serve the annexation area; and WHEREAS, a plan has been made for providing municipal services within the affected territory of the proposed annexation in accordance with the provisions of Section 56653 of the Government Code and that said plan is consistent with the City’s General Plan; and WHEREAS, the annexed territory is consistent with the City of McFarland’s current sphere of influence; and
WHEREAS, said applications have been made in the form and manner prescribed by Title 17 Zoning of the McFarland Municipal Code; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), the State Guidelines Section 15162(a) the lead agency prepared an Initial Study/Negative Declaration to adequately identify the environmental impacts of the Project as reflected in Exhibit “A”; and
WHEREAS, the applicant is proposing to amend the City of McFarland zoning map

Page 82 of 227 ends

by pre-zoning approximately 174.77 acres generally bound by the West of the City’s limit, South of Taylor Avenue, East of Stradley Avenue, and North of Hanawalt Avenue. The PreZoning will incorporate Residential (R-1) zoning; and WHEREAS, a Notice of Public Hearing was given in a manner provided in Title 17 of the McFarland Municipal Code and said public hearing was duly and timely conducted, during which the proposal was explained by a representative of the Community Development Department and all person’s desiring were duly heard; and WHEREAS, the City Council considered both written and oral testimony on the prepared Initial Study/Negative Declaration, proposed General Plan Amendment 2024-01 and Pre-Zoning; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct.
2) All provisions of CEQA, the State Guidelines, have been followed. Staff determined that the Initial Study/Negative Declaration adequately addressed the environmental impacts of the Project.
3) According to the State CEQA Guidelines the project will not result in new impacts that were not identified in the Initial Study/Negative Declaration. 4) The public necessity, general welfare, and good planning practices justify the Project. 5) The project is compatible with the land use designations and development of surrounding properties and is internally consistent with the McFarland General Plan. 6) The Negative Declaration prepared for the proposed General Plan Amendment, PreZoning and Annexation is hereby approved. 7) The Community Development Director is authorized to file a notice of determination consistent with CEQA guidelines with the County Clerk.

PASSED, AND ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the 22nd day of February 2024, by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
Maria Pérez
_____________________________
Saul Ayon, Mayor

Page 83 of 227 ends

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 February 22nd, 2024.

ATTEST:
_______________________________
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
____________________________
Nathan Hodges, City Attorney

Page 84 of 227 ends

EXHIBIT A
Initial Study and Negative Declaration

Page 85 of 227 ends

1 CITY OF MCFARLAND
Initial Study and Negative Declaration for
Amendment to General Plan & Annexation #20
City of McFarland
Submitted by the City of McFarland
1/10/2024

Prepared by:

De Lapide & Associates, Inc.
[email protected]

Page 86 of 227 ends

2 Acknowledgments
City Council
Saul Ayon, Mayor
Ricardo Cano, Vice Mayor
Amador Ayon, Councilmember
Anita Gonzalez, Councilmember
Maria Perez, Councilmember
Planning Commission
Marco Martinez, Chair
Jose Hernandez, Vice Chair
Luis Sarabia, Commissioner
Jimmie White, Commissioner
Jose L. Hernandez, Commissioner
City Staff
Kenny Williams, City Manager
Paul M. Saldana, CEcD, Community Development Director
Brianahi De Leon, Senior City Planner

Page 87 of 227 ends

3 Contents
Acknowledgments.........................................................................................................................................2 City Council ...............................................................................................................................................2 Planning Commission................................................................................................................................2 City Staff....................................................................................................................................................2 Figures...........................................................................................................................................................5 Tables............................................................................................................................................................5 Preamble.......................................................................................................................................................6 Summary of Project Information ..................................................................................................................7

1.0 Project Information.................................................................................................................................8

1.1. Project................................................................................................................................................8

1.2. Lead Agency .......................................................................................................................................8

1.3. Contact Person & Phone....................................................................................................................8

1.4. Project Location .................................................................................................................................8

1.5. Applicant............................................................................................................................................8

1.6. General Plan Designation...................................................................................................................8

1.7. Zoning.................................................................................................................................................8

1.8. Project Location And Setting..............................................................................................................8

1.8.1 The City of McFarland..................................................................................................................8

1.8.2 Annexation #20 Project Location...............................................................................................11

1.9. Project Description...........................................................................................................................12

1.9.1 Annexation #20: Residential Development Plan Proposal ........................................................12

1.9.2 Annexation #20: Parcels and Land Use Designations................................................................12

1.9.3 Annexation #20: Distribution of Land Uses ...............................................................................16

1.9.4 Compatibility of Proposed Land Uses in Annexation #20 Area with McFarland General Plan..17

1.9.5 Modifications to City Boundary and Land Uses in Annexation #20 Area ..................................18

1.10. Other Required Agency Approvals.................................................................................................20

1.11. Native American Consultation .......................................................................................................20

1.12. Summary Of Environmental Factors Potentially Affected.............................................................21

2.0 Evaluation of Environmental Impacts...................................................................................................21

2.1 Aesthetics..........................................................................................................................................22

2.2 Agricultural Resources......................................................................................................................23

Page 88 of 227 ends

4 2.3 Air Quality .........................................................................................................................................25

2.4 Biological Resources..........................................................................................................................27

2.5 Cultural: Archeological and Historical Resources .............................................................................29

2.6 Geology and Soils..............................................................................................................................30

2.7 Greenhouse Gas Emissions...............................................................................................................33

2.8 Hazards and Hazardous Materials ....................................................................................................34

2.9 Hydrology and Water Quality ...........................................................................................................37

2.10 Land Use and Planning....................................................................................................................40

2.11 Mineral Resources ..........................................................................................................................41

2.12 Noise ...............................................................................................................................................42

2.13 Population and Housing..................................................................................................................44

2.14 Public Facilities................................................................................................................................45

2.15 Recreation.......................................................................................................................................47

2.16 Transportation ................................................................................................................................48

2.17 Utilities............................................................................................................................................50

2.18 Energy .............................................................................................................................................52

2.19 Tribal Cultural Resources................................................................................................................53

2.20 Wildfire ...........................................................................................................................................55

2.21 Mandatory Findings of Significance................................................................................................57

3.0 Certification...........................................................................................................................................58

3.1 Preparers...........................................................................................................................................58

3.2 Determination...................................................................................................................................58

3.3 De Minimis Fee Determination.........................................................................................................58

3.4 Environmental Determination ..........................................................................................................59 References ..................................................................................................................................................60 Appendices..................................................................................................................................................61 Appendix A: Development Concepts for Annexation #20 Area..............................................................61 Appendix B: Aerial View of Existing Land Use in Annexation #20 Area..................................................65

Page 89 of 227 ends

5 Figures
Figure 1: Location of McFarland within California and Kern County............................................................9 Figure 2: Proposed Land Use in the 2040 McFarland General Plan ...........................................................10 Figure 3: Location of Annexation #20 Area in McFarland ..........................................................................11 Figure 4: Proposed General Plan Land Use in Annexation #20 Area ..........................................................11 Figure 5: Boundaries of Annexation #20 Area – The Taylor Farms Master Plan ........................................12 Figure 6: Assessor’s Parcels in Annexation #20 Area..................................................................................13 Figure 7: Williamson Act Lands within and around McFarland’s Sphere of Influence ...............................14 Figure 8: Types of Farmland in McFarland's Sphere of Influence...............................................................15 Figure 9: Distribution of Acreage by Land Use in Annexation #20 Area – The Taylor Farms Master Plan.16 Figure 10: Modified McFarland City Boundary and Land Use on General Plan Land Use Map..................19 Figure A.1: Boundaries of Proposed Annexation Area ...............................................................................61 Figure A.2: Proposed Land Use Map within Annexation #20 Area – The Taylor Farms Master Plan.........62 Figure A.3: Proposed Zoning Map of Annexation #20 Area – The Taylor Farms Master Plan....................63 Figure A.4: Details of Primary Arterial Streets............................................................................................64 Tables
Table 1: List of Parcels with Modified Land Uses and Sizes in Annexation #20 Area .................................16

Page 90 of 227 ends

6 Preamble
The California Office of Planning and Research (OPR) issued the CEQA Technical Advice Series (OPR, December 2004 Edition) to clarify aspects of the California Environmental Quality Act. According to the Technical Advice:

CEQA Guidelines § 15152 and § 21083.3 of the Public Resources Code allow a Negative Declaration to be adopted when an EIR has previously been prepared for a program, policy, plan or ordinance. The later project must be consistent with that program or other action and must not result in any significant effects which were not examined in that previous EIR. In order to tier from an EIR, the later project must be consistent with the general plan and zoning of the applicable city or county.

In preparation for the adoption of the 2040 McFarland General Plan, The City of McFarland prepared a Draft Program EIR, filed it with the State Clearinghouse, received comments, addressed the comments, and filed a Final EIR. The 2040 General Plan is separated into thematic elements. All elements must be consistent with each other. Seven elements are required for all General Plans in California, with two further elements required for communities meeting certain criteria that exist in McFarland. Optional elements may also be included and carry the same legal force and status as the required elements. The General Plan includes five optional elements. The fourteen elements are:
• Required: Land Use, Circulation, Housing, Safety, Conservation, Open Space, and Noise • Required in San Joaquin Valley Air Pollution Control District: Air Quality • Required in Disadvantaged Communities: Environmental Justice • Optional: Economic Development, Health, Community Design, Public Facilities, and Sustainable Agriculture
This project involves a general plan amendment and annexation of the Taylor Farms property in west McFarland into City limits. The development application for Annexation #20 involves multiple parcels bound by Hanawalt Ave on the south, Taylor Ave on the north, and Stradley Avenue on the west with Garzoli Ave about a third of a mile to the east, right outside the City limits, but within McFarland’s sphere of influence. The General Plan designates one of the parcels for residential land use in the future.

The initial development proposal is to develop the parcels into a residential area with predominantly single-family housing.

Consistent with the Technical Advice, this Initial Study & Negative Declaration tiers upon the Program EIR of the General Plan. Annexation Area #20 is partially within a future residential area according to the Land Use Map of the 2040 General Plan. Its development proposal is consistent with the land use designations in the General Plan and it contains no new proposals which would result in any significant effects that were not examined in the General Plan EIR.

Both the 2040 General Plan and the Final General Plan EIR are available to the General Public. The electronic copies of the documents are accessible at the City’s website: www.mcfarlandcity.org; hard copies are available at City Hall.

City of McFarland
401 West Kern Ave.

McFarland, CA 93250

Page 91 of 227 ends

7 Summary of Project Information
Project Title General Plan Amendment and Annexation #20, West McFarland Lead Agency City of McFarland
401 West Kern Ave.

McFarland, CA 93250
Contact Person & Phone Paul M. Saldana, CEcD, Community Development Director 661-792-3091
[email protected]
Project Location Taylor Farms property east of Stradley Ave., McFarland.

Bound by Hanawalt Ave on the south, Taylor Ave on the north, and Stradley Avenue on the west with Garzoli Ave about a third of a mile to the east.

Applicant David M Snell
General Plan Designation Varies (low density residential; open space/agriculture) Zoning Varies (pre-zoning for residential [R-1]
Surrounding Land Use Residential (to the east); Agriculture (to the north and south) Description of Project General Plan Amendment and Annexation of Taylor Farms property in west McFarland into City limits and conversion of the approximately 175-acre property into a residential area with predominantly single-family housing along a network of internal roads.

Other Approving Agencies Kern County LAFCO
Native American Consultation With assistance from the Native American Heritage Commission, the City identified and contacted nineteen Native American Tribes in 2021 during preparation of the Program EIR on the 2040 McFarland General Plan. Responses indicate the project area (consisting of the City of McFarland and its sphere of influence) is outside ancestral homes for which the Tribes did not request consultation.

Other Information Consistent with the CEQA Technical Advice (OPR, December 2004 Edition), this Initial Study & Negative Declaration tiers upon the Program EIR of the 2040 McFarland General Plan.

Compatibility of Project The annexation of the area, which is contiguous to the City and the proposed primary residential land use are consistent with the vision and policies of the 2040 McFarland General Plan.

Page 92 of 227 ends

8 1.0 Project Information

1.1. Project: General Plan Amendment and Annexation #20, West McFarland

1.2. Lead Agency: City of McFarland, 401 West Kern Ave. McFarland, CA 93250

1.3. Contact Person & Phone: Paul M. Saldana, CEcD, Community Development Director, 661-792- 3091. [email protected]

1.4. Project Location: City of McFarland – Taylor Farms property east of Stradley Ave., McFarland.

Bound by Hanawalt Ave on the south, Taylor Ave on the north, and Stradley Avenue on the west with Garzoli Ave about a third of a mile to the east.

1.5. Applicant: David M Snell

1.6. General Plan Designation: Varies (low density residential; open space/agriculture)

1.7. Zoning: Varies (pre-zoning for residential [R-1]

1.8. Project Location And Setting

1.8.1 The City of McFarland
The City of McFarland sits in the northern section of Kern County within California’s Central Valley.

Figure 1 displays the location of McFarland in relation to the State of California and Kern County. The City is located along Highway 99, approximately 25 miles north of Bakersfield and approximately seven miles south of Delano. McFarland’s 2022 boundaries encompass approximately three-square miles of land consisting of mostly residential, institutional, and agricultural uses. McFarland’s Sphere of Influence and the surrounding area are primarily under agricultural use. Figure 2 displays the proposed land uses in the 2040 McFarland General Plan.

Page 93 of 227 ends

9 Figure 1: Location of McFarland within California and Kern County

Page 94 of 227 ends

10 Figure 2: Proposed Land Use in the 2040 McFarland General Plan

Page 95 of 227 ends

11 1.8.2 Annexation #20 Project Location
The location of the Annexation #20 development project covers multiple contiguous parcels bound by Hanawalt Ave on the south, Taylor Ave on the north, and Stradley Avenue on the west with Garzoli Ave about a third of a mile to the east, right outside the City limits, but within McFarland’s sphere of influence.

Figure 3 identifies the location of the annexation area on the western edge of the City. Figure 4 identifies land use proposals under the General Plan within the Residential Development Plan area. The General Plan designates one of the parcels for residential land use in the future as Figure 4 and Figure 2 show.

Figure 2 also shows a complete legend for land use designations under the General Plan.

Figure 3: Location of Annexation #20 Area in McFarland
Figure 4: Proposed General Plan Land Use in Annexation #20 Area

Page 96 of 227 ends

12 1.9. Project Description

1.9.1 Annexation #20: Residential Development Plan Proposal The project involves a general plan amendment and annexation of the Taylor Farms property in west McFarland into City limits. The development proposal is to consolidate the group of parcels (outlined in Figure 3 and Figure 4) into a Residential Development Plan area with predominantly single-family housing supported by a network of internal roads. Figure 5 shows that the northeastern boundaries of Annexation #20 area adjoins McFarland City limits. Appendix A has additional details.

Figure 5: Boundaries of Annexation #20 Area – The Taylor Farms Master Plan

1.9.2 Annexation #20: Parcels and Land Use Designations Figure 6 is a map of the parcels that constitute the Annexation #20 area. Figure 7 confirms that the parcels are not under Williamson Act contract. Their use for agriculture was therefore temporary pending the expansion of the City into those parcels intended for future urban development. Figure 8 reveals further that the parcels were not designated prime farmland, unique farmland, or farmland of statewide importance.

The proposed Residential Development Plan area covers approximately 175 gross acres. Table 1 is the list of Assessor’s parcels within the proposed annexation area. The table also shows the original land use designations and the modified land uses under the Taylor Farms Master Plan. Overall, there is good consistency in residential land use designations between the original and modified uses on the parcels.

The most noticeable changes are the conversion of future urban land under temporary agricultural use into urban residential land.

Page 97 of 227 ends

13 Figure 6: Assessor’s Parcels in Annexation #20 Area
Source: Kern County GIS
NOT

INCLUDED

NOT INCLUDED
Annexation #20 Area

Page 98 of 227 ends

14 Figure 7: Williamson Act Lands within and around McFarland’s Sphere of Influence Source: Kern County GIS
Annexation #20 Area

Page 99 of 227 ends

15 Figure 8: Types of Farmland in McFarland's Sphere of Influence Source: Kern County GIS
Annexation #20 Area
0 0
0 0

Page 100 of 227 ends

16 Table 1: List of Parcels with Modified Land Uses and Sizes in Annexation #20 Area Assessor's
Parcel Number
(APN)
Acreage General Plan Land Use
Designation [Original]
General Plan Land Use
Designation [Amended
for Annexation #20]
PreZoning
6009006

19.59 Residential: Low-Density Residential: Low-Density R-1 6009020

0.39 Residential: Low-Density Residential: Low-Density R-1 6009024

154.50 Agriculture Residential: Low-Density R-1
6009025

0.57 Residential: Low-Density Residential: Low-Density R-1 Total

175.05 Acreage includes future internal road rights-of-way Boundary Roads

11.36 Acreage of adjoining boundary roads rights-of-way (Stradley Ave., Taylor Ave., & Hanawalt Ave.) Grand Total

186.41 Acreage includes adjoining boundary roads rights-of-way

1.9.3 Annexation #20: Distribution of Land Uses
The proposed Residential Development Plan area covers approximately 175 acres including space for future internal roads. Adding the land area of adjoining roadway sections along Stradley Ave., Taylor Ave., and Hanawalt Ave. increase the grand total acreage of the development envelope to approximately 186 acres. Figure 9 show the distribution of the acreage by land use type. One primary residential use category (R-1) is to occupy the development area. The pre-zoning has assigned to various parcels McFarland’s zoning designations that would become applicable to the parcels following annexation of the area. This is consistent with the Cortese-Knox-Hertzberg Act (Gov’t Code Sections 5600 et seq.), which requires that parcels proposed for annexation are “pre-zoned” prior to annexation.

Figure 9: Distribution of Acreage by Land Use in Annexation #20 Area – The Taylor Farms Master Plan Single-Family
Houses,

11.2% Existing
Farmhouse,

0.2%
Single-Family
Estate
Houses,

88.3%
Repurposed
Farm
Buildings,

0.3%

Page 101 of 227 ends

17 1.9.4 Compatibility of Proposed Land Uses in Annexation #20 Area with McFarland General Plan The vision for the proposed development in Annexation #20 Area is to closely align with the development concept of the previously approved and annexed area, which adjoins the proposed development area. Know, as Annexation #17, the Tierra Del Sol development is zoned for R-1, is wholly within MacFarland City Limits, and shares its western boundary with Annexation #20 Area. The following are noteworthy:
• Annexation #20 will adjoin existing City boundary thereby avoiding leap-frog development. • The development site is contiguous with the built-up area of west McFarland. This would limit travel distances for residents between the proposed development and other destinations in the City thereby limiting environmental impacts in the form of energy consumption and pollution related to travel.

Review for intended vs. historic use of land reveal the following:
• Agricultural lands in McFarland are important in that they provide commodities that generate local jobs and income, contribute to the local character of the City, and create habitat for wildlife. McFarland recognizes the economic and cultural importance of agriculture for the community and continues to actively preserve and protect farmland, particularly Williamson Act Parcels.
• Parcels in the Annexation #20 area have in recent years been partially under temporary agricultural use and have partially accommodated housing related to farming activities.

However, the parcels were neither under Williamson Act contract, as Figure 7 shows, nor are they designated prime farmland, unique farmland, or farmland of statewide importance as Figure 8 shows. Consequently, Annexation #20 parcels have prior intended use for urban development as are many of the parcels in the immediate vicinity. Therefore, conversion of the parcels to housing is consistent with the long-term intent for use of the land to accommodate the housing needs of a growing population thereby also contributing to alleviating the acute housing shortage in the State.

Reviews for compatibility with the McFarland General Plan reveal the following:
• Annexation #20 adjoins a residential area according to the Land Use Map of the 2040 General Plan. Refer to Figure 2 for the citywide land use map and Figure 4 for a close-up of project area land use designations under the General Plan. The group of parcels being converted into a Residential Development Plan (Taylor Farms Master Plan), are to accommodate primarily singlefamily residential uses in addition to an internal network of through roads. The land uses are compatible with each other.
• Annexation #20 Area is wholly outside the 2022 City limits but is within McFarland’s sphere of influence. Refer to Figure 2 and Figure 4. This would require modification to the boundaries of the City limits via the proposed annexation process.
• Since the project area falls within a section of the City’s sphere of influence that already has similar and compatible land use designations, the EIR for the 2040 General Plan covers the area of proposed development.

Page 102 of 227 ends

18 o The development proposal would, however, trigger a need for change to area land use in the General Plan to residential use OR other compatible proposed land uses under the Residential Development Plan. Refer to Figure 5. o The circumstances qualify for tiering the environmental documentation for the annexation off the General Plan EIR for a Negative Declaration for the proposed development.
• The proposed primary residential land use is consistent with the 2040 McFarland General Plan.

Specifically, they are directly compatible with or offer the potential to meet the following policies among others:
o Policy HO 1.3.1: Accommodate the City’s housing need over the life of the General Plan.
o Policy HO 1.3.3: Locate new residential developments near amenities such as grocery stores, public parks, and schools.
o Policy HO 2.2.2: Provide housing alternatives to community residents. o Policy HO 3.1.1: Increase affordable housing production. o Policy LU 1.1.1: Expand the range of allowable housing types and areas in which they may be built.
o Program LU 1.2.2.1: Establish strategic mixed-use nodes of commercial and office uses to serve nearby neighborhoods along Garzoli Avenue at Perkins, Sherwood, and Taylor Avenues and along East Kern Avenue.
o Policy LU 1.4.1: Preserve open space in new residential developments. o Policy LU 2.1.2: Prohibit leapfrog development.
o Objective CIR 1.5: Provide a supportive environment for active transportation users. o Objective CIR 2.2: Improve connections and accessibility for all modes of transportation including walking, bicycling, and public transit. o Policy CIR 2.2.2: Improve accessibility for all ages and needs. o Objective CIR 3.1: Reduce Vehicle Miles Traveled (VMT). o Objective CIR 3.2: Increase pedestrian and bicycle mode share. o Policy HTH 2.1.1: Promote alternative modes of transportation for short distance trips.
o Policy OS 1.1.1: Provide park spaces within a quarter mile of residential neighborhoods.
o Policy OS 1.2.1: Enhance pedestrian and vehicular access to open space. o Policy EJ 1.1.1: Address air pollution and its sources. o Objective 3.2: Link parks, schools, and other public facilities citywide. o Policy EJ 4.1.1: Promote physically active lifestyles.

1.9.5 Modifications to City Boundary and Land Uses in Annexation #20 Area Figure 10 shows the General Plan Land Use Map with two sets of modifications: (a) to City boundaries on the west side to include Annexation #20 Area; and (b) for land use designations on affected parcels.

Page 103 of 227 ends

19 Figure 10: Modified McFarland City Boundary and Land Use on General Plan Land Use Map

Modified City Boundary for Annexation #19 Area
Modified City Boundary for Annexation #20 Area

Page 104 of 227 ends

20 Table 1 identified the key changes to land uses from the original land use map. The following are noteworthy from that table and the modified land use map for the General Plan:
• The most western parcel of the annexation area was previously under agricultural use. It is modified to low-density residential use.
• The two small parcels to the southeastern corner of the western parcel previously accommodated buildings for housing and farming operations. They are modified to low-density residential use.
• The remaining parcel to the east retained its original designation in the General Plan of lowdensity residential development. • Upon the amendment to the General Plan and annexation, the new City boundary would wrap around the Annexation #20 parcels as Figure 10 shows.

1.10. Other Required Agency Approvals
Externally, the City will consult with Kern County LAFCO for approval. Besides LAFCO, no other external agency is required to approve the annexation project.

Internally, pertinent departments of the McFarland city government will conduct reviews of the application in accordance with established procedures of the City and make recommendations to the Planning Commission. Ultimately, the City Council will act with consideration of input from the Planning Commission in giving authorization to initiate annexation.

1.11. Native American Consultation
Consistent with regulations of the State of California (e.g., SB 18, AB 52, et al), the project team initiated consultation with Native American Tribes likely to be traditionally and culturally affiliated with the project area as part of the General Plan EIR process. With assistance from the Native American Heritage Commission, the project team identified nineteen Native American Tribes and contacted each via a letter in 2021. The Appendix to section 1.6 of the Final Program EIR on the 2040 McFarland General Plan includes a list of Tribes contacted and responses received, if any, as well as copies of the letters sent to the Tribes. Overall, responses indicate the project area is outside ancestral homes for which the Tribes did not request consultation.

Page 105 of 227 ends

21 1.12. Summary Of Environmental Factors Potentially Affected In accordance with Section 15125 of the CEQA Guidelines, the Program EIR on the 2040 McFarland General Plan analyzed the programmatic and cumulative environmental impacts that would possibly result from the adoption of the 2040 McFarland General Plan, which includes the long-term vision, policies, and programs for housing. This section identifies the required topics of discussion. Subsections of the next section summarize the respective impacts of the proposed Plan under these topics. Specific environmental conditions as they relate to individual topics and detailed discussion of impacts are available in sections 4.1 through 4.20 of the Final EIR. The topics include the following:
o Aesthetics
o Agricultural Resources
o Air Quality
o Biological Resources
o Cultural
o Geology and Soils
o Greenhouse Gas Emissions
o Hazards and Hazardous
Materials
o Hydrology and Water
Quality
o Land Use and Planning
o Mineral Resources
o Noise
o Population and Housing
o Public Facilities
o Recreation
o Transportation
o Utilities
o Energy
o Tribal Cultural Resources
o Wildfire
o Mandatory Findings of
Significance

2.0 Evaluation of Environmental Impacts
This section presents a summary of the analyses on the potential environmental impacts that may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist (Section 1.1 through 1.9) are stated and answers are provided according to the analysis undertaken as part of the Initial Study. The analysis considers the project’s short-term impacts (construction-related), and its operational or day-to-day impacts. For each question, there are four possible responses, which are listed in increasing order of severity; they are:

1. No Impact. Future development arising from the project’s implementation will not have any measurable environmental impact on the environment and no additional analysis is required.

2. Less than Significant Impact. The development associated with project implementation will have the potential to impact the environment; these impacts, however, will be less than the levels or thresholds that are considered significant and no additional analysis is required.

3. Potentially Significant Unless Mitigated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the project’s physical or operational characteristics can reduce these impacts to levels that are less than significant.

4. Potentially Significant Impact. Future implementation will have impacts that are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels.

The summary tables that follow list the four possible responses in decreasing order of severity for each of the required topics of discussion.

Page 106 of 227 ends

22 2.1 Aesthetics
Would the proposed plan: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Have a substantial adverse
effect on a scenic vista?
X

2. Substantially damage scenic
resources including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
X

3. In non-urbanized area,
substantially degrade the
existing visual character or
quality of public views of the
site and its surroundings?
If the project is in an urbanized
area, would the project conflict
with applicable zoning and
other regulations governing
scenic quality?
X

4. Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
X
AE – 1: There are no officially designated scenic vistas or viewsheds in the City of McFarland. As a result, the Annexation #20 project (Project) will have no effect on scenic vistas.

AE – 2: There are no officially designated State scenic highways in the City of McFarland nor are there any National or California Historic Landmarks in the City. The closest eligible place is the Friant-Kern Canal, which is eligible for National Register of Historic Places (NRPH). The Project will have no effect on any scenic highways or historic landmarks.

AE – 3: The proposed developments in the Project are contiguous to the Western Expansion Growth Area, one of the key growth areas, which intend to preserve the visual character of the City. The Project will have no negative effect on the visual character of the City.

AE – 4: Build-out of developments from the Project would create new, but minor sources of glare and light. Any new lighting installed under the Project would increase safety and security for residents and visitors and result in a less than significant impact.

Page 107 of 227 ends

23 2.2 Agricultural Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps
prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
X

2. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? X

3. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
X

4. Result in the loss of forest land or
conversion of forest land to non-forest use? X

5. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
AG – 1: Agricultural lands in McFarland are important in that they provide commodities that generate local jobs and income, contribute to the local character of the City, and create habitat for wildlife. While some designated urban land under temporary agricultural use may be converted to urban land uses under the Annexation #20 project (Project), the parcels of land under consideration are not under Williamson Act contract nor are they designated prime farmland, unique farmland, or farmland of statewide importance. Overall, use of the land for its intended urban purpose would result in a less than significant effect.

AG – 2: McFarland recognizes the economic and cultural importance of agriculture for the community and continues to actively preserve and protect farmland, particularly, Williamson Act Parcels.

Annexation #20 project area is not under contract and thus its conversion to housing in order to accommodate the growing population in the long term would not result in loss of Williamson Act land.

Therefore, the Project will have a less than significant impact on zoning and Williamson Act Parcels.

Page 108 of 227 ends

24 AG – 3: There is no forest land or timberland zoned for timberland production within the City of McFarland. The Project will have no impact on forest or timberland.

AG – 4: There is no forest land within the City of McFarland. The Project would have no impact on the loss of forest land to non-forest use.

AG – 5: Agricultural resources are directly threatened by urban development as well as urban growth.

McFarland is committed to preserving its agricultural resources; however, while long term buildout of housing may impact the agricultural environment by changing the activities occurring on adjacent properties, Annexation #20 parcels have prior designation for urban development as are many of the parcels in the immediate vicinity. This would cause the overall impact to be less than significant.

Page 109 of 227 ends

25 2.3 Air Quality
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Conflict or obstruct
implementation of the
applicable air quality?
X

2. Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality standard?
X

3. Expose sensitive receptors to
substantial pollutant
concentrations?
X

4. Result in other emissions
(such as those leading to
odors) adversely affecting a
substantial number of
people?
X
AQ– 1: McFarland, like the rest of the San Joaquin Valley area, is in attainment with the federal PM 10 standard, but not with the federal PM 2.5 standard, and the area is not in attainment with state PM 10 or PM 2.5 standards, making the area not in attainment with federal nor with state ozone standards.

Features within the Annexation #20 project (Project) promote contiguous growth with intensification of development, thus increasing the use of alternatives to the auto like walking, biking, and transit causing the overall impact to be less than significant.

AQ – 2: The SJVAPCD has published two state implementation plans (SIPs) which address ozone and particulate matter, for which the Basin fails to meet attainment standards. Housing Elements are typically considered consistent with SIPs if they do not increase population or VMT above that projected in the Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS). The Project does not exceed these growth assumptions. The SJVAPCD also published a CEQA assistance document, the “Guidance for Assessing and Mitigating Air Quality Impacts” (GAMAQI) which provides specific mitigation measures to be applied to projects in the Basin. Projects in the City, such as subdivisions will undergo project level CEQA review and are subject to the provisions of the GAMAQI. Overall, the Project will have a less than significant impact.

AQ – 3: The Project could contribute to the existing violation of several air quality standards or contribute to an existing or projected air quality violation; however, the air basin covers a large region

Page 110 of 227 ends

26 and includes many large agricultural operations and major urban areas including the City of Fresno. The Project includes several policies and actions that will help to mitigate future air pollutant emissions and protect sensitive residential receptors such as nursing homes. Overall, the Project will have a less than significant impact.

AQ– 4: Considering the small size and rural location of the City of McFarland and the separation of incompatible uses, the Project will not have a significant impact on the exposure of substantial numbers of people to emissions.

Page 111 of 227 ends

27 2.4 Biological Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Have a substantial adverse effect,
either directly or through habitat
modifications, on any species identified
as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the
California Department of Fish and
Game or U.S. Fish and Wildlife Service?
X

2. Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations or
by the California Department of Fish
and Game or US Fish and Wildlife
Service?
X

3. Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
X

4. Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
X

5. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X

6. Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
X
BIO– 1: McFarland is home to a few species that have been historically protected under federal and state regulations. Four species that have been on and off the endangered and threatened species lists

Page 112 of 227 ends

28 over the past years include the Swainson's hawk (Buteo swainsoni), Burrowing owl (Athene cunicularia), Tricolored Blackbird (Agelaius tricolor), and the San Joaquin Kit Fox (Vulpes macrotis mutica). Impacts to these species will be mitigated from the federal and state regulations. Furthermore, the Annexation #20 project (Project) does not propose development in existing wildlife or natural habitat areas. While, infill development is prioritized, new development will avoid sensitive areas, and areas of the City that are environmentally sensitive are intended to be preserved resulting in a less than significant impact to protected species.

BIO – 2: There are no wetlands or riparian habitats or other sensitive natural communities in McFarland; therefore, the Project will have no impact on any riparian habitat or other sensitive natural community.

BIO – 3: The City is nearly surrounded by croplands and Williamson Act lands and the policy is to preserve prime farmland, which controls the development envelope. Otherwise, the regional geography poses low fire risk to McFarland, the City lacks wetlands, forested areas, or other sensitive habitat that might hinder development. While there is a slight potential for interruption of the hydrological cycle with impervious surfaces that come with urban development, the impact will be less than significant.

BIO – 4: The Project could result in some impact if new development would interfere with movement of species through corridors, migration patterns, or affect their ability to reach breeding locations, but any impact would be less than significant.

BIO – 5: The Project will not conflict with any local policies or ordinances protecting biological resources.

BIO – 6: There are no adopted Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans that are relevant in this context. Even unforeseen possibilities are considered less than significant.

Page 113 of 227 ends

29 2.5 Cultural: Archeological and Historical Resources Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant Impact
No Impact

1. Cause a substantial adverse
change in the significance of
a historical resource
pursuant to § 15064.5?
X

2. Cause a substantial adverse
change in the significance of
an archeological resource
pursuant to 15064.5?
X

3. Disturb any human remains,
including those interred
outside of formal
cemeteries?
X
CULT– 1: McFarland does not have any officially designated historic resources leading to a conclusion of no impact. Furthermore, the Annexation #20 project (Project) seeks to preserve non-designated historic resources by confining growth to key growth areas.

CULT – 2: Construction activities associated with buildout of the Project could cause a significant impact to archaeological resources in the plan area by potentially damaging or disturbing as yet undiscovered archaeological deposits through the placement of fill and soil compression. Therefore, the potential for encountering archeological resources could exist in some sections of the City, however the Project overall causes a less than significant impact.

CULT – 3: Historically, Native Americans inhabited the region, and historically significant sites within the region have been discovered. There exists the potential of significant impacts if there were unknown sites of human remains discovered during the build-out of the Project. There are no known such sites in key growth areas, resulting in a less than significant impact. If any were to be discovered, impacts would both be significant and unavoidable. In the event human remains are discovered during the build-out of the Project, construction must be stopped, and a qualified coroner must be contacted to determine if the remains are of Native American origin. If the coroner makes this determination, the coroner should contact the Native American Heritage Commission within 24 hours.

Page 114 of 227 ends

30 2.6 Geology and Soils
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial
evidence of a known fault?
X

2. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
strong seismic ground shaking?
X

3. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
seismic related ground failure, including
liquefaction?
X

4. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
landslides?
X

5. Result in substantial soil erosion or the
loss of topsoil? X

6. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
X

7. Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property?
X

8. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
X

Page 115 of 227 ends

31 9. Directly or indirectly destroy a unique
paleontological resource or site or
unique geological feature?
X
GEO– 1: Seismic hazard mapping shows that the City has a low seismic hazard potential yet it is at moderate risk for earthquake vulnerability. The closest active fault is six miles west while the closest active and potentially hazardous fault zone is White Wolf Fault Zone, located 55 miles south of McFarland. The White Wolf Fault Zone last erupted in 1952. Therefore, the Annexation #20 project (Project) has a less than significant effect.

GEO – 2: Seismic hazard mapping shows that the City has a low seismic hazard potential yet it is at moderate risk for earthquake vulnerability. McFarland has a 25% to 30% chance of experiencing an earthquake greater than magnitude 5.0 within the next 20 years and a 50% to 60% chance of experiencing an earthquake greater than magnitude 5.0 within the next 30 years. Therefore, the Project would place few to no properties in danger of collapse or lives at risk due to ground shaking, causing a less than significant impact.

GEO – 3: Liquefaction is the conversion of soil into a fluid-like state. McFarland is not within an area identified as having the potential for liquefaction. Therefore, the probability of loss of life or property due to liquefaction is less than significant.

GEO– 4: Earthquake-induced landslide and slope failure occurs when steep slopes composed of weak materials fail because of ground shaking caused by an earthquake. McFarland is not in an area identified as having the potential for earthquake-induced landslide or slope failure. Therefore, the Project will create less than significant risk of landslides.

GEO – 5: McFarland’s largest economic sector is agriculture. As most agricultural operations take place outside the built-up area of McFarland, the Project would create less than significant loss of topsoil.

GEO – 6: McFarland is not in an area identified as having the potential for earthquake-induced landslide or slope failure or as having the potential for liquefaction. Subsidence typically occurs due to the withdrawal of groundwater, oil, natural gas, or other resource extractive activities. The nearby City of Delano experienced subsidence caused largely by groundwater pumping of the deep aquifer system during the 1950s and 1960s. Although McFarland is at some risk for future ground failure as it is affected by subsidence with seismic ground shaking due to historic water withdrawal, and existing subsidence conditions, the Project’s impact would be less than significant.

GEO– 7: Soils susceptible to expansion are high in clay content as they are able to absorb and retain water leading to volume disparities between wet and dry states. The City of McFarland contains sandy soils with little or no clay content (Olive et al., 1989) which will not expand when inundated with water.

Therefore, the Project creates less than significant risk of loss of life or building damage due to location on expansive soils.

Page 116 of 227 ends

32 GEO – 8: The City of McFarland relies primarily on the collection and treatment of wastewater through a city-wide sewer system. The City does not rely heavily on the use of septic tanks. In the event that septic tanks are needed to collect wastewater, the nature of the soil in McFarland would adequately support septic tank infrastructure, resulting in a less than significant impact.

GEO – 9: McFarland is not known to have paleontological resources. However, construction activities associated with buildout of the Project could result in unearthing paleontological resources.

In anticipation of this slim eventuality, the City of McFarland has adopted the policy that “in the event that archeological or paleontological resource is unearthed or otherwise discovered during construction related activities associated with the Project, all work must be suspended until a qualified archeologist is consulted.” Thus, the Project has a less than significant impact.

Page 117 of 227 ends

33 2.7 Greenhouse Gas Emissions
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Generate GHG emissions,
either directly or indirectly,
that may have a significant
impact on the environment?
X

2. Conflict with an applicable
plan, policy, or regulation
adopted for the purpose of
reducing the emission of
GHGs?
X
GHG – 1: The Annexation #20 project (Project) works to increase housing density which can reduce greenhouse gas emissions resulting in a less than significant effect.

GHG – 2: The Project remains consistent with the 2040 General Plan and other relevant policies and plans related to the regulation of GHG emissions. Therefore, the Project results in a less than significant impact.

Page 118 of 227 ends

34 2.8 Hazards and Hazardous Materials
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
X

2. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
X

3. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
X

4. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X

5. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area?
X

6. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X

7. Expose people or structures, either
directly or indirectly, to a significant risk of
loss, injury or death involving wildland
fires?
X
HAZ– 1: The transport, use, and disposal of hazardous materials are primarily associated with industry.

The Annexation #20 project (Project) focuses primarily on residential and supporting uses so the impact is less than significant.

Page 119 of 227 ends

35 HAZ – 2: Proposed industrial and commercial land uses have the potential to create a significant hazard in upset or accident conditions if they involve the use, production, or transport of hazardous materials; however, the Project focuses on residential uses resulting in a less than significant impact on the environment. Furthermore, this projects is not the type to require CEQA review and mitigation of impacts associated with hazardous materials. In the case that the release of hazardous materials occurs, the City should collaborate with the County, following protocol from the County’s Hazardous Materials Area Plan to carry out a study to evaluate the nature and extent of the contamination, and the potential threat to public health and/or the environment.

HAZ – 3: Most existing and proposed schools are located beyond the quarter-mile threshold from proposed industrial and commercial land uses. The Project focuses on residential uses that are far from proposed industrial uses resulting in a less than significant impact on the environment HAZ– 4: According to an EnviroStor search conducted in 2019, there were three DTSC cleanup sites within City limits and one cleanup site within the planned annexation south of McFarland. The Project will not change the existing land uses on the contamination sites without mitigation. Additionally, there is a potential for aerially deposited lead (ADL) soil contamination along Highway 99. Projects associated with development along Highway 99 should include soil sampling to test for ADL. Other projects (but not this project) might require CEQA review and mitigation of impacts associated with hazardous materials.

Therefore, the Project will create less than significant hazard to the public or the environment.

HAZ – 5: While four airports fall within the relative vicinity of McFarland, only three are relatively impactful. Delano Airport’s Sphere of Influence extends south to the border of Elmo Highway, thus providing a constraint to potential development north of that area. There is no private airstrip within the Project Area. While no training or other significant military flightpaths cross over McFarland, Edwards Air Force Base, the nearest military installation, has some potential to impact safety in McFarland. Naval Air Warfare Station China Lake could also potentially effect aircraft hazards. The Project will not impact airport use.

HAZ – 6: The Project aligns with the General Plan which ensures collaboration with Kern County on the development and implementation of a Disaster and Emergency Preparedness Plan (ERP) as well as supports efforts outlined in the existing McFarland Local Hazard Mitigation Plan. The Project does not impact implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

HAZ– 7: McFarland is not included in Local, State or Federal Responsibility Areas or the projected Sphere of Influence within the Fire Hazard Severity Zones. While the City does not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires remain a concern and steps to prepare for an emergency will benefit all residents. Additionally, the City of McFarland sits on land designated as Wildland-Urban Interface by the USGS, or the area where significant vegetation or fuel sources lie near human activity. The Sequoia National Forest lies approximately 30 miles to the east of McFarland, and that eastern half of Kern County qualifies as a significant fuel source and an area of significant fire probability, with many areas falling in a High or Very High Fire Hazard Zone. Although large wildfires are

Page 120 of 227 ends

36 unlikely near McFarland, caution is still warranted due to significant potential fuel sources in the area including agricultural waste, liquid fuel, gaseous accelerants, and other significant local point sources of impact in a city of its size. The Project will expose people or structures, either directly or indirectly to a less than significant risk of loss, injury, or death involving wildland fires.

Page 121 of 227 ends

37 2.9 Hydrology and Water Quality
Would The Proposed Plan Potentially
Significant Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
X

2. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
X

3. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would result in substantial erosion or
siltation on- or off-site?
X

4. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or offsite?
X

5. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff?
X

6. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
X

Page 122 of 227 ends

38 impervious surfaces, in a manner which
would impede or redirect flood flows?

7. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X

8. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?
X
HY– 1: Future development associated with the buildout of the Annexation #20 project (Project) could negatively affect the quality of surface waters. Construction activities, which include grading, excavation, and other earthmoving activities, could expose soils, which can be eroded and deposited into nearby water sources. Increased sedimentation and turbidity from storm water runoff could lead to lower oxygen levels and increased algal growth, which could harm aquatic life. Post-construction impacts to water quality and waste discharge are due to an increase of impervious surfaces creating changes to storm water amount and quality. An increase of impervious surfaces also could lead to an increase of pollutants that enter storm water runoff. Urban runoff can potentially carry oil and grease, metals, sediment, pesticide, and chemical residues from roadways, parking lots, and rooftops, depositing them into nearby waterways. Development from the Project is required to comply with State and local water quality regulations that are designed to protect water quality during construction.

Complying with the standards and regulations will prevent the Project from violating any water quality standards related to waste discharge. Therefore, the Project’s impact will be less than significant.

HY – 2: The future development proposed by the Project would result in an increase in impervious surfaces which may interfere with groundwater recharge. However, regulations for stormwater require various measures that aim to improve on-site retention and drainage improvements, which when adhered to should result in a less than significant impact.

HY – 3: Development of the Project would involve vegetation removal, earth excavation and grading, and the construction of new structures. These activities could have an impact on the drainage pattern through an increase in erosion from construction activities and an increase in impervious surfaces.

However, erosion control measures are to be implemented and regulated for any proposed project greater than one acre resulting in a less than significant level. Individual projects are also to mitigate any on-site or off-site erosion impacts.

HY– 4: Build-out of the Project will increase the number of impervious surfaces within the City. Drainage patterns have the potential to be altered through an increase in the rate and volume of stormwater runoff due to the increase in impervious surfaces. McFarland owns nine sump basins for flood and storm control; however, additional sump basins have been identified for future development. This would help to alleviate potential runoff from developments to a less than significant level.

HY – 5: An increase in impervious surfaces from the development of the Project could result in an increase in stormwater runoff and pollutants within the stormwater. The increased pollutants include oil

Page 123 of 227 ends

39 and grease, metals, sediments, and pesticides from the increase in roadways, parking lots, rooftops, and other impervious surfaces. The water quality from stormwater runoff is regulated by the Central Valley Regional Water Quality Control Board (CVWQCB) and the municipal stormwater requirements in the McFarland Storm Drain Master Plan. These requirements and design features aid in offsetting the potential increase in stormwater from increase in impervious surfaces to a less than significant level.

HY – 6: An increase in development under the Project could result in alterations to water courses as retention walls, fences, and other structures are situated on land. However, site grading and design guidelines are meant to guard against unnecessary redirection of natural flow patterns, call for creation of retention basins, and preservation of streams and creeks, resulting in an overall less than significant impact. Furthermore, individual projects are to undergo project-level analysis to determine if they impede or redirect flood flows and mitigate them, as necessary.

HY– 7: McFarland does not fall within tsunami or seiche zones. However, assessor’s parcel data indicates approximately 457 parcels exist within the 100-year floodplain and 1,081 parcels exist within the 500- year floodplain. These properties account for 55% of homes in McFarland. Approximately 2,380 people live within the 100-year floodplain and 5,540 live within the 500-year floodplain. The Project limits additional residential growth in identified 100-year or 500-year flood plains without appropriate mitigation and the location of this Project in not among them, resulting in a less than significant impact.

HY – 8: An increase in development under the Project could increase surface runoff, its pollution, and subsequent degradation of water supply sources. McFarland is in a region with perennial shortage of water and a depleting groundwater aquifer. Growth in people and activities is likely to exacerbate the situation. CVWQCB regulates water quality while Southern San Joaquin Municipal Utility District (SSJMUD) protects and manages groundwater for sustainability ensuring the Project’s impact remains less than significant. The Project also remains consistent with SSJMUD’s Sustainable Ground Water Management Plan.

Page 124 of 227 ends

40 2.10 Land Use and Planning
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Physically divide an
established community? X

2. Cause a significant
environmental impact due
to a conflict with any land
use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an environmental
effect?
X
LU – 1: The Annexation #20 project (Project) does not include expansion of growth on both sides of Highway 99 which already physically divides the community. To maintain the City’s small-town character and preserve open space, the Project is contiguous to existing development. The proposal in the General Plan to create neighborhood centers and mixed-use arterials, enhanced mobility options for all modes of transportation, and increasing connectivity in the area and throughout the City, would result in a less than significant impact.

LU – 2: The Project does not conflict with existing land use plans. The Project remains consistent with the 2040 General Plan and updated Zoning Ordinance and Zoning Map.

Page 125 of 227 ends

41 2.11 Mineral Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Result in the loss of
availability of a known
mineral resource that would
be of value to the region
and the residents of the
state?
X

2. Result in the loss of
availability of a locallyimportant mineral resource
recovery site delineated on
a local general plan,
Residential Development
Plan, or other land use
plan?
X
MR – 1: Mineral extraction operations do not exist in the City of McFarland, but there are operations within Kern County. The City has restrictions in its municipal code that do not allow mining operations within McFarland. However, expansion in physical development would require extraction of stones, gravel, and sand, which might come from other parts of the region. Therefore, buildout of the Annexation #20 project (Project) could result in a less than significant loss of known mineral resources.

MR – 2: As referenced under MR-1, there are no existing mining operations in the City of McFarland.

However, the need for building stones, gravel, and sand during expansion in physical development could potentially deplete a local quarry. Therefore, buildout of the Project could result in a less than significant loss of a locally-important mineral resource recovery site.

Page 126 of 227 ends

42 2.12 Noise
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Generation of a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in the
local general plan or noise
ordinance, or applicable
standards of other
agencies?
X

2. Result in exposure of
persons to or generation of
excessive ground-borne
vibration or ground-borne
noise levels?
X

3. For a project located within
the vicinity of a private
airstrip or an airport land
use plan or, where such a
plan has not been adopted,
within two miles of a public
airport or public use airport,
would the project expose
people residing or working
in the project area to
excessive noise levels?
X
NOISE– 1: To accommodate future growth, the Annexation #20 project (Project) proposes the conversion of some vacant land to residential facility uses. Noise-sensitive land uses, including open space, public facilities, and residential land uses are proposed outside of normally or clearly acceptable ranges of noise. Furthermore, the proposed land uses do not expose existing sensitive receptors to an unacceptable range of noise. However, with growth in population and activities, there is a chance that noise levels would increase. Therefore, the Project could cause less than significant generation of noise levels in excess of the established standards. Additionally, project implementation is to take this issue into consideration and mitigate any potential noise impacts.

NOISE – 2: Ground-borne vibration and noise levels in McFarland are primarily associated with vehicular traffic along SR 99. The railroad is also a significant source of intermittent noise, but its 60 dB contour is entirely contained within the SR 99 60 dB contour. The Project, consistent with the 2040 General Plan,

Page 127 of 227 ends

43 does not prioritize residential development along SR 99 and within the 60 dB contour. Sensitive land uses are located outside of the unacceptable noise ranges. However, increased activity under the Project could generate additional movement of heavy vehicles that could impact ground vibration.

Nevertheless, the Project would less than significantly expose people to, or generate, excessive groundborne vibration or ground-borne noise levels. Furthermore, implementation of the Project is to take this issue into consideration and mitigate any potential noise impacts.

NOISE – 3: There are no aircraft operations, including private airstrip, public airport, or public use airport in the City of McFarland. The closest airport is the Delano Municipal Airport, just over four miles to the north. The 60 dB noise contours calculated for this airport do not extend to McFarland, nor to its planned expansion areas. Therefore, no persons residing or working in the Project area would be exposed to excessive noise levels associated with a private airstrip, public airport, or public use airport, resulting in no impact.

Page 128 of 227 ends

44 2.13 Population and Housing
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension
of roads or other
infrastructure)?
X

2. Displace substantial
numbers of existing people
or housing, necessitating
the construction of
replacement housing
elsewhere?
X
POP– 1: The Annexation #20 project (Project), falls under the 2040 General Plan, which used the cohortcomponent method of population projection according to State of California guidelines to calculate population growth and number of households. The City of McFarland could need to accommodate up to about 4,500 additional housing units by 2040 in the five targeted key growth areas. This is to meet the needs of natural population increase and those that the target for jobs can induce by 2040 under the General Plan. The City, however, only has to meet a RHNA allocation of 244 units within the 2023-2031 cycle and can accommodate the additional housing units through a combination of infill, mixed-use, and ADU development in the downtown and vicinity plus key housing sites. This Project falls within one of the key growth areas for new housing and can contribute to meeting the allocated need therefore causing no impact.

POP – 2: The General Plan can meet population growth and related housing needs through the reoccupation of existing vacant units, redevelopment of existing units in “bad” condition, and developing new units. This Project does not necessitate the displacement of existing housing units, but rather adds to the growth and improvement of the housing stock by constructing new units. It does not involve redeveloping existing units in less than desirable conditions that could displace some occupants even if temporarily. Since the Project would not trigger displacement of people or existing housing units that would necessitate the construction of replacement housing elsewhere, it would have no impact.

Page 129 of 227 ends

45 2.14 Public Facilities
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact
Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for the following:

1. Fire protection? X

2. Police protection? X

3. Schools?
X

4. Parks? X

5. Other public facilities? X
PS – 1: McFarland does not lie in any identified fire hazard severity zone. However, the Sequoia National Forest lies approximately 30 miles to the east of McFarland, and that eastern half of Kern County qualifies as a significant fuel source and an area of significant fire probability, with many areas falling in a High or Very High Fire Hazard Severity Zone.

Growth in population and activities have the potential to increase the risk of urban fires which could tax the ability of Fire Protection and Emergency Services. There building standard that the Annexation #20 project (Project) must follow are meant to reduce the risk of fire on houses in McFarland, resulting in a less than significant impact.

PS – 2: Population growth has the potential to impact the ability of police services. Currently, the City of McFarland meets the FBI target of one officer per 1,000 residents and with the addition of the project, the City can maintain the standard officer-to-resident ratio. Therefore, the Project would have a less than significant impact.

PS – 3: The current teacher to student ratio (1:24) is lower than the national average (1:30).

Construction of a new elementary school in 2016 increased facility capacity to 3,804. While the Project

Page 130 of 227 ends

46 has the potential to increase population, the Project will have a less than significant effect on school capacity if it allocates space for additional school facilities.

PS – 4: The Project will have a less than significant impact on parks. Refer to the Recreation section (section 2.15) for more details.

PS – 5: The Project has the potential to increase population which would likely increase demand for library services in excess of existing capacity. However, Mitigation PS – 5a in the General Plan EIR accounts for the increased demand and requires the City of McFarland to “Coordinate with Kern County Library to address the specific needs of the community and funding sources required to build library service and other services to meet those needs.” With Mitigation PS – 5a, the Project would have a less than significant impact.

Page 131 of 227 ends

47 2.15 Recreation
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
X

2. Include recreational
facilities or require the
construction or expansion
of recreational facilities
which might have an
adverse physical effect on
the environment?
X
REC – 1: There are currently 7 parks and 35 acres of parks in McFarland. While population growth would inevitably require demand for park use, the Annexation #20 project (Project) is expected to dedicate space for additional proposed park land which would serve residents and mitigate overuse of parks to an extent as to result in their deterioration. (This would be consistent with the contents of the development proposal by the same applicants in the adjoining Tierra Del Sol area of Annexation #17.) Therefore, the Project would have a less than significant impact.

REC – 2: The Project focuses on the development of housing and supportive land uses which will not require additional recreational facilities beyond what is proposed in the Residential Development Plan and therefore will create no adverse physical impact. The increase in park space anticipated in Annexation #20 area is to improve the scenic beauty of the City rather than impose an adverse physical impact.

Page 132 of 227 ends

48 2.16 Transportation
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Conflict with a program,
plan, ordinance, or policy
addressing the circulation
system, including transit,
roadway, bicycle, and
pedestrian facilities?
X

2. Conflict or be inconsistent
with CEQA Guidelines
Section 15064.3, subdivision
(b)? . . . . i.e., Is VMT
exceeding an applicable
threshold of significance?
X

3. Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
X

4. Result in inadequate
emergency access? X
TRANS – 1: All development under the Annexation #20 project (Project) would be subject to policies, plans, and programs that ensure the performance and safety of users of multiple modal facilities including public transit riders, bicyclists, and pedestrians. For example, all development under the Project would have to comply with the Complete Streets Act of 2008 and the Americans with Disabilities Act of 1990. The impact of the Project on adopted policies, plans, or programs would therefore be less than significant.

TRANS – 2: Potential growth and development as a result of the Project can increase total vehicle miles travelled (VMT). However, anticipated focus of the Project and the keen focus of the General Plan on contiguous and mixed-use development can encourage alternatives to the auto, including nonmotorized travel, helping to reduce VMT. Consistent with statewide thresholds of significance, the proposed McFarland General Plan is assessed to produce upwards of a 50 percent reduction in per capita VMT. This is possible because the General Plan includes certain improvements to transportation and land use settings, which are projected to result in lower per capita VMT than existing and other future alternatives including the no project alternative. Therefore, the Project will have a less than significant impact on Project generated VMT.

Page 133 of 227 ends

49 TRANS – 3: All development under the Project would be subject to design and safety standards that are specified within the City of McFarland Municipal Code. The McFarland Municipal Code references, and is subject to, codes established by the State of California that ensure the safety of its citizens. As with current practice, all future roadways would be designed and reviewed in consultation with engineers to determine their compliance with these codes and regulations with regard to hazards and incompatible uses. Therefore, the Project will have no impact on hazards due to geometric design.

TRANS – 4: All development under the Project would be subject to design and safety standards, specified under the City of McFarland Municipal Code, which references the California Building Code and portions of the International Fire Code. As with current practice, all future roadways would be designed and reviewed in consultation with engineers to determine their compliance with these codes and regulations with regards to adequate emergency access. Therefore, the Project will have no impact on emergency access.

Page 134 of 227 ends

50 2.17 Utilities
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Require or result in the
relocation or construction
of new or expanded water,
wastewater treatment, or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which could
cause significant
environmental effects?
X

2. Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during
normal, dry, and multiple
dry years?
X

3. Result in a determination by
the wastewater treatment
provider which serves or
may serve the project that it
has (in)adequate capacity to
serve the project’s
projected demand in
addition to the provider’s
existing commitments?
X

4. Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals?
X

5. Not comply with federal,
state, and local
management and reduction
statutes and regulations
related to solid waste?
X

Page 135 of 227 ends

51 UTIL – 1: The Annexation #20 project (Project) will result in new growth and infrastructure development in a key growth area within the City of McFarland. This could result in new construction or expansion of storm water drainage facilities. The Annexation #20 area is in the part of the City which does not have a history of major flood events, though it is possible that projected growth could change this as roadway expansion, land use changes and commercial growth and expansion could possibly increase the use of pavement and parking areas. However, programs in the General Plan address infrastructure requirements in order to efficiently capture and divert storm water to reduce the risk of urban flooding for new development and growth of the Project. Increased housing as a result of the Project would also likely require the extension of electric, gas, and wastewater lines as well as telecommunication facilities.

However, programs in the General Plan address increased demand for public services and proposed expansion when needed. Therefore, the Project will have a less than significant impact.

UTIL – 2: The area has sufficient water supply to serve existing entitlements and resources, but water supply can be a limiting factor to growth. Continuing to monitor water quality is important as the community continues to grow. The current water supply needs to be supplemented by additional sources and continuously monitored for quality to facilitate growth. Additionally, the City of McFarland needs to reduce its water demand regardless of these impacts. Executive Order B-37-16 and Senate Bill X7-7 mandate water demand reduction which can potentially help the City offset demand associated with projected growth. With water conservation policies in the General Plan, the increased water demand as a result of the Project will have a less than significant effect on water supply.

UTIL – 3: Projected increase in population and changes in land use would increase demand for the City of McFarland’s wastewater treatment facilities and therefore potentially exceed wastewater treatment requirements of the Central Coast Regional Water Quality Control Board, which mandates that all public sanitary sewer systems and treatment facilities comply with State Waste Discharge Order (WDR Order No. 2006-0003-DWQ). There is a planned expansion of the wastewater treatment plant, but due to the pipe size limitation it would only increase capacity for the west side where the Project site is located.

The east side has considerably lower capacity for growth, as it is served by only one 8-inch pipe. The General Plan proposed constructing a new facility on the east side of McFarland to accommodate future growth and demand. With the two expansions, the Project would have a less than significant effect on wastewater treatment facilities.

UTIL – 4: The Project will result in new growth and infrastructure development in key areas within the City of McFarland and this would increase the need for solid waste collection and disposal. R&F Disposal and Recycling, Inc. would not exceed capacity at buildout. Therefore, the impact would be less than significant.

UTIL – 5: Projects in the City, such as subdivisions undergo project level reviews and are subject to the policies in the General Plan to assure compliance with Federal, State, and local regulations and statutes regarding solid waste. Therefore, the Project will have a less than significant impact.

Page 136 of 227 ends

52 2.18 Energy
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
construction or operation?
X

2. Conflict with or obstruct a
state or local plan for
renewable energy or energy
efficiency?
X
ENE – 1: While the Annexation #20 project (Project) will result in new growth and infrastructure development in key areas within the City of McFarland, focus on contiguous, compact, and infill development can help to prevent excessive consumption of energy. Additionally, the Plan’s efforts to reduce VMT will further reduce energy consumption from transportation related activities. As a result of these progressive actions to conserve energy, per capita natural gas use under the Project can reduce and electricity use can decrease compared to the no project alternative, resulting in a less than significant impact.

ENE – 2: All development under the Project would be subject to all applicable renewable energy and energy efficiency plans including federal, state and local regulations. The Project would also be subject to the General Plan policies and programs, which work to help McFarland meet energy conservation standards and goals set by state and local plans. Furthermore, subsequent developments under the Project will undergo City of McFarland Building Department review to ensure they comply with energy conservation standards. Therefore, impact of the Project on adopted policies, plans, or programs would be less than significant.

Page 137 of 227 ends

53 2.19 Tribal Cultural Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code Section 21074 as either a site,
feature, place, cultural landscape that
is geographically defined in terms of
the size and scope of the landscape,
sacred place, or object with cultural
value to a California Native American
tribe, and that is listed or eligible for
listing in the California Register of
Historical Resources, or in the local
Register of Historical Resources as
defined in Public Resources Code
Section 5020.1(k)?
X

2. Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code Section 21074 as either a site,
feature, place, cultural landscape that
is geographically defined in terms of
the size and scope of the landscape,
sacred place, or object with cultural
value to a California Native American
tribe, and that is a resource determined
by the lead agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1?
X
TRIBE – 1: There are no historic sites, features, places, and cultural landscapes within the City that are listed on the National Register of Historic Places (NRHP). In 2015, McFarland conducted a records search of California Historical Resource Information System (CHRIS) which includes a review of the NRHP, the California Points of Historical Interest list, the California Historical Landmarks list, the Archaeological Determinations of Eligibility list, the California State Historic Resources Inventory list, and the Office of Historic Preservation (OHP) Historic Property Directory. The records search identified 14 previously conducted studies and 14 cultural resources within the City but nor the Annexation #20 project (Project) site and 200-foot buffer. All of the cultural resources are of the

Page 138 of 227 ends

54 built-environment type and were constructed during the 20th century. Therefore, the Project would have no impact on any tribal cultural resources listed on any local or state registry.

TRIBE – 2: A 2015 records search of the California Historical Resource Information System (CHRIS) including a review of the NRHP, the California Points of Historical Interest list, the California Historical Landmarks list, the Archaeological Determinations of Eligibility list, the California State Historic Resources Inventory list, and the Office of Historic Preservation (OHP) Historic Property Directory identified 14 cultural resources within the City, but not the Annexation #20 project site and 200-foot buffer. However, these resources are all of the built-environment type and were constructed during the 20th century and will not be impacted by the Project. Beyond this search, the City reached out to the 19 tribes identified by the Native American Heritage Commission to be historically or culturally associated with the geographic area of the City of McFarland for consultation.

McFarland’s SOI did not cover any land associated with any of the tribes. Given this information, the lead agency, the City of McFarland, is not aware of any tribal cultural resources that will be impacted by the Project.

Page 139 of 227 ends

55 2.20 Wildfire
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Substantially impair an adopted Emergency
Response Plan or Emergency Evacuation Plan? X

2. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X

3. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X

4. Expose people or structures to significant risks,
including downslope or downstream flooding
or landslides, as a result of runoff, post-fire
slope instability, or drainage changes?
X
FIRE – 1: The Annexation #20 project (Project) is a part of the General Plan which includes policies to ensure collaboration with Kern County on the development and implementation of a Disaster and Emergency Preparedness Plan and supports efforts outlined in the existing McFarland Local Hazard Mitigation Plan. Proposed land uses do not interfere with any existing emergency response plans (ERPs).

Therefore, the Project will have a less than significant impact.

FIRE – 2: According to CAL FIRE, McFarland (and its SOI) does not lie within a Fire Hazard Severity Zone and is at a low risk from fire hazards. The Project, as a result, does not increase exposure of any Project occupants to wildfire spread or wildfire pollutants. While the City does not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires and pollutant exposure from nearby higher risk areas outside of McFarland’s SOI remain a concern and steps to prepare for an emergency will benefit all residents. Policies in the General Plan help to mitigate that risk. Overall, the Project will have a less than significant impact.

FIRE – 3: As addressed in FIRE-2, McFarland (and it’s SOI) does not lie within a CAL FIRE designated Fire Hazard Severity Zone and is at low risk of fire hazard. Furthermore, any subsequent subdivisions or development projects required as part of the Project are subject to CEQA review. While the City does

Page 140 of 227 ends

56 not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires remain a concern and steps to mitigate fire risk are still important. Policies in the General Plan help to mitigate that risk.

Overall, the Project will have a less than significant impact.

FIRE – 4: As addressed in FIRE-2 and 3, McFarland (and it’s SOI) does not lie within a CAL FIRE designated Fire Hazard Severity Zone and is at low risk of fire hazard. Due to the low risk of fire, there is an exceedingly small likelihood that any wildfire related slope instability, drainage changes, or run off caused by wildfires could occur. Thus, the Project will less than significantly impact the risk of downslope or downstream flooding or landslides caused by fire related geological events. While wildfire risk is low in McFarland, urban structure fires remain a concern and steps to mitigate fires risk are still important.

Page 141 of 227 ends

57 2.21 Mandatory Findings of Significance
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Have the potential to degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number, or
restrict the range, of a rare or endangered plant
or animal, or eliminate important examples of
the major periods of California history or
prehistory?
X

2. Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects
of probable future projects.)
X

3. Have environmental effects which would cause
substantial adverse effects on human beings,
either directly or indirectly?
X
From the analyses in the foregoing sections, implementation of proposed land uses within the Annexation #20 Project area (Project) would not result in either limited or cumulative environmental impacts as follows:

MFS-1: It will not reduce fish habitats, threaten to eliminate plant or animal communities, reduce or restrict rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory.

MFS-2: It will not result in impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.

MFS-3: It does not have environmental effects which would cause substantial adverse effects on human beings either directly or indirectly.

Implementation of proposed land uses within the Annexation #20 Project area (Project) can contribute to the set of developments required to meet McFarland’s RHNA allocation. The policies that would guide project implementation would not change allowed density ranges even as they promote intensification of development toward the upper ranges of allowed density ranges in the City. Project implementation will consider environmental factors and adopt mitigation measures when deemed necessary.

Page 142 of 227 ends

58 3.0 Certification

3.1 Preparers
On behalf of the City of McFarland, De Lapide & Associates, Inc. prepared the Initial Study for this project

3.2 Determination
McFarland Planning and Community Development Department based on the evaluation in this Initial Study and the Final Program EIR for the 2040 McFarland General Plan [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby determined.
[ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
[ ] I find that the proposed project MAY have a “potentially significant impact” or a “potentially significant unless mitigated impact” on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and nothing further is required.

3.3 De Minimis Fee Determination
Pursuant to Chapter 1706, Statutes of 1990-AB 3158,
[X] It is hereby found that this project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and that a "Certificate of Fee Exemption" shall be prepared for this project. Pending approval of the No Effect Determination.

Page 143 of 227 ends

59 [ ] It is hereby found that this project could potentially impact wildlife, individually or cumulatively, and therefore fees shall be paid to the County Clerk in accordance with Section 711.4(d) of the Fish and Game Code.

3.4 Environmental Determination
The initial study for this project has been reviewed and the environmental determination, contained in Section 2.0 preceding, is hereby approved.
_______________________________________________________ Paul M. Saldana, CEcD, Community Development Director
City of McFarland

Page 144 of 227 ends

60 References
California Office of Planning and Research, CEQA Technical Advice Series, December 2004 Edition.

Accessible at: https://opr.ca.gov/docs/MND_Publication_2004.pdf City of McFarland. 2021, 2040 General Plan. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/3020/Final-General-Plan--2021pdf City of McFarland. 2021, FINAL ENVIRONMENTAL IMPACT REPORT on McFarland 2040 General Plan, SCH # 2021040288. Accessible via:
https://www.mcfarlandcity.org/DocumentCenter/View/2302/Vol3_DEIR_05- 16-2021
City of McFarland. 2021, Background Report for the 2040 General Plan. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/2301/Vol1_McFarland-Draft-General-Plan_May2021 City of McFarland. 2021, Sustainable Agriculture Element. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/3021/VolAG_Sustainable-Agriculture-Element_v2pdf

Page 145 of 227 ends

61 Appendices
Appendix A: Development Concepts for Annexation #20 Area Figure A.1: Boundaries of Proposed Annexation Area

Page 146 of 227 ends

62 Figure A.2: Proposed Land Use Map within Annexation #20 Area – The Taylor Farms Master Plan

Page 147 of 227 ends

63 Figure A.3: Proposed Zoning Map of Annexation #20 Area – The Taylor Farms Master Plan

Page 148 of 227 ends

64 Figure A.4: Details of Primary Arterial Streets

Page 149 of 227 ends

65 Appendix B: Aerial View of Existing Land Use in Annexation #20 Area

Page 150 of 227 ends

1 ORDINANCE NO. 0003-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF MCFARLAND AMENDING THE OFFICIAL ZONING
MAP FOR ASSESSOR’S PARCELS 060-090-24, 060-090-06,
060-090-25, AND 060-090-20
WHEREAS, David M. Snell filed an application proposing to amend the City of McFarland zoning map by pre-zoning approximately 174.70 acres generally bound by the west of the City’s limit, on the West of Garzoli Avenue, South of Taylor Avenue, East of Stradley Avenue, and North of Hanawalt Avenue.

WHEREAS, the Pre-Zoning will incorporate Residential (R-1) Zoning; and WHEREAS, the Pre-Zoning Map will include Assessor’s Parcels 060-090-24, 060-090-06, 060- 090-25, and 060-090-20; and
WHEREAS, the City of McFarland Zoning Map is hereby amended as reflected in Exhibit “A” and attached hereto and by this reference made a part hereof.

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

Section 1. The Recitals set forth above are true and correct and incorporated herein.

Section 2. Environmental Quality Act. Pursuant to the California Environmental Quality Act (CEQA), the State Guidelines Section 15162(a) the lead agency prepared an Initial Study/Negative Declaration to adequately identify the environmental impacts of the Project as reflected in Exhibit “B”;
Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Section 6. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

INTRODUCED, at a regular meeting of the City Council of the City of McFarland, California on the 22nd day of February 2024, by the following vote:

PASSED, AND ADOPTED at a regular meeting of the City Council of the City of McFarland, California on the _________________ 2024, by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano

Page 151 of 227 ends

2 Amador Ayon
Anita Gonzalez
Maria Pérez
_____________________________
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 ______________, 2024.

ATTEST:
_______________________________
Francisca Alvarado, City Clerk
APPROVED AS TO FORM:
____________________________
Nathan Hodges, City Attorney

Page 152 of 227 ends

3 Exhibit A
Pre-Zoning Map EXISTING COUNTY ZONING: A
PROPOSED CITY ZONING: R-1

Page 153 of 227 ends

4 Exhibit B
Initial Study and Negative Declaration

Page 154 of 227 ends

RESOLUTION NO. 2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND REQUESTING INITIATION OF PROCEEDINGS FOR

ANNEXATION OF TERRITORY TO THE CITY OF MCFARLAND TO BE
IDENTIFIED AS ANNEXATION NO. 20.

WHEREAS, David M. Snell has filed an application proposing consideration of an annexation of the real property described in Exhibit “B” and shown on the map at Exhibit “B” (the “Annexed Area”), both as attached hereto and by this reference made a part hereto pursuant to Section 56654 of the Government Code of the State of California and also labeled as Assessor’s Parcel Number’s 060-090-24, 060-090-06, 060-090-25, and 060-090- 20;
WHEREAS, the City Council of City (“City Council”) has pre-zoned the Annexed Area as shown on Exhibit “B” attached hereto and by this reference made a part hereof; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), the State Guidelines Section 15162(a) the lead agency has determined the Initial Study/Negative Declaration to adequately identify the environmental impacts of the Project as reflected in Exhibit “A” and adopted by the City Council on February 22nd 2024 and is deemed adequate for the annexation; and
WHEREAS, the project is a request to change the General Plan designation on the approximately 155.15 acres from Agriculture to Residential; and WHEREAS, the applicant is proposing to amend the City of McFarland zoning map by pre-zoning approximately 174.77 acres generally bound by the West of the City’s limit, South of Taylor Avenue, East of Stradley Avenue, and North of Hanawalt Avenue. The PreZoning will incorporate Residential (R-1) zoning; and WHEREAS, pursuant to Section 15168 of the CEQA Guidelines no further environmental analysis is required; and
WHEREAS, the City has determined that it has sufficient resources to provide adequate public utilities and services to serve the Annexed Area; and WHEREAS, a plan for providing municipal services within the Annex Area is attached hereto as Exhibit “E” and by reference made a part hereof in accordance with the provisions of Section 56653 of the Government Code and that said plan is consistent with the City’s General Plan; and
WHEREAS, this proposal for annexation is made pursuant to the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 and it is requested that the proceedings be authorized for annexation in accordance therewith; and

Page 155 of 227 ends

WHEREAS, the applicant has a desire to receive municipal services from the City and has master plans with intentions of developing residential developments within the City limits; and
WHEREAS, the Annexed Area is within and consistent with the City’s sphere of influence; and
WHEREAS, on February 20th 2024, a public hearing was conducted by the Planning Commission to consider this item and at the conclusion of the public hearing the Planning Commission recommended the City Council approve the General Plan Amendment (GPA 2024-01), Initial Study and Negative Declaration, and Pre-zoning (Ordinance 003-2024).

WHEREAS, the City has received consent to this annexation from all property owners on the Exhibit “B”; 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 findings and recitals incorporated herein and are true and correct. 2) The City hereby proposes the annexation of the Annexed Area and requests that the Local Agency Formation Commission conduct proceedings for the proposal pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code Sections 56000 et seq.
3) That the names of the officers of the City who are to be furnished with copies of the Executive Officer’s Report and who are to be given mailed Notice of Hearing, if any, are:

Kenny Williams, City Manager, City of McFarland; Paul Saldana, Community Development Director, City of McFarland and Brianahi De Leon, Senior City Planner, City of McFarland, all to be notified and sent copies at 401 West Kern Avenue, McFarland, California 93250.
4) The public necessity, general welfare, and good planning practices justify the Project. 5) The Project is compatible with the land use designations and development of surrounding properties and is internally consistent with the McFarland General Plan.

I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of McFarland on the 22nd day of February.

Page 156 of 227 ends

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez
Amador Ayon
Maria T. Perez
Attest: Approved:

Francisca Alvarado Saul Ayon
City Clerk Mayor

Page 157 of 227 ends

EXHIBIT A
Initial Study and Mitigated Negative Declaration

Page 158 of 227 ends

EXHIBIT B
Pre-Zoning Map

Page 159 of 227 ends

Page 160 of 227 ends

EXHIBIT C Land Use Map

Page 161 of 227 ends

Page 162 of 227 ends

Page 163 of 227 ends

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: February 22,
2024
TO: Honorable Mayor and Council Members
FROM: Serrena McCuan , Human Resources Director
SUBJECT: Approval of Resolution No. 2024-22 A RESOLUTION APPROVING THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY AND YERLYS
HERNANDEZ FOR THE POSITION OF PUBLIC WORKS DIRECTOR.

SUMMARY:

Recently, the city conducted recruitment and tested Mr. Yerlys Hernandez for the position of Public Works Director. With over 7 years of dedicated service in various aspects of construction and project management, Mr. Hernandez has demonstrated exceptional capabilities in overseeing multimillion-dollar projects from the initial design phase through to completion. His tenure at Klassen Corporation as a Project Manager involved comprehensive management of construction projects, including budgeting, design, bidding, procurement, and scheduling. This role emphasized strong leadership in coordinating with site superintendents, trade contractors, and ensuring adherence to contractual obligations. The ability to serve as the principal liaison among owners, architects/engineers, and governmental agencies has been pivotal in maintaining project timelines and budgets. Mr. Hernandez holds a Bachelor of Science in Construction Management from California State University Northridge and has developed a robust skill set including construction drawings, scheduling, report writing, and advanced communication. Their certifications include OSHA 30, CPR, and several specialized inspection certifications, underscoring a commitment to safety and quality in all projects undertaken. The Public Works Department benefits greatly from the Director's leadership, expertise, and dedication to excellence in public service. We look forward to continuing to achieve our goals and improving our community through the Director's guidance and the collaborative efforts of our team.

FINANCIAL IMPACT:

The impact to the budget will be $130,000 annually plus benefits spread between the general fund and enterprise funds.

RECOMMENDATION:

Staff recommends the City Council approve Resolution 2023-22 a resolution of the City Council of the City of McFarland approve the employment agreement between the City and Yerlys Hernandez for the position of Public Works Director.

ATTACHMENTS:

1. Public Works Director 11.2023

Page 164 of 227 ends

2. EMPLOYMENT AGREEMENT- Public Works Director_Redacted

Page 165 of 227 ends

RESOLUTION NO. 2024-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING

THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND YERLYS HERNANDEZ FOR THE POSITION OF PUBLIC WORKS DIRECTOR.

WHEREAS, the City Council of the City of McFarland desires to hire a Public Works Director; WHEREAS, City staff have conducted recruitment and found a qualified applicant; WHEREAS, the City Council of the City of McFarland believes it is necessary to start the position at $130,000
WHEREAS, the City would like to enter into an agreement under the terms of the attachment.

The foregoing recitals are true and correct and incorporated herein as if set forth in full.

The job description and pay range has been approved in its entirety.

The City Manager has full approval to hire the selected candidate, Yerlys Hernandez, to fulfill the Public Works Director vacancy.

The City Clerk shall certify the passage and adoption of this resolution. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on February 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________

Page 166 of 227 ends

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

Page 167 of 227 ends

City of McFarland
Public Works Director
SALARY: $120,000 - $165,000 Annually DOE (CONTRACT)
(Salary range negotiable if registered as a
Professional Engineer in the State of California)

Open: November 8, 2023
Close: December 8, 2023
GENERAL PURPOSE:

The fundamental reason this management classification exists is to plan, organize, and direct the Public Works department including streets; mechanical and electrical maintenance; solid waste disposal; water; wastewater; transit, and civil engineering.

Formulates departmental policies, goals and directives and provides expert professional assistance to city management staff on public works matters. Direct and supervise the division heads, lead workers and other personnel providing day-to-day services within the several divisions of the Public Works Department. The Director is a key advisor to the City Manager on matters affecting overall city operations.

JOB DUTIES:
• Plan, organize, direct, and supervise all departmental programs. Oversee and evaluate the efficiency and effectiveness of all aspects of the department’s programs in light of the City’s goals, objectives, and priorities.
• Directs development of City goals, objectives, and priorities. Based on these City goals, objectives, and priorities, develop those of each department. Participate in the development and administration of departmental budgets. • Directs the selection and assignment of department employees and provides for the supervision and training of all such personnel. Assign, direct, evaluate and recommend reward and discipline of employees directly supervised, in accordance with City policy. Assure that department employees are instructed in job safe practices associated with their typical work environments and in the handling of hazardous materials.

Resolve routine personnel issues. Investigate accidents. • Maintain adequate monitoring and reporting systems to ensure the adequacy, quality and timeliness of department activities, programs, and compliance with City regulations. Determine work procedures to improve efficiency and effectiveness of operations.

Page 168 of 227 ends

• Prepare City Council agenda items for review and approval by the City Manager • Attending a variety of management meetings and other city meetings representing the department. Make presentations before various boards and commissions and as requested by the City Manager, before the City Council
• Represent the City on various regional, community and professional boards, committees, and commissions, as requested by the City Manager. Make necessary presentations and maintain effective liaison with colleagues and practitioners in similar local, state, and federal activities.
• Provide technical staff assistance to the City Manager and other department heads. Draft correspondence in response to public inquiries and monitor department program activities for compliance with regulations and City priorities. Serve the City by taking on special non-public works assignments from the City Manager, staffing special studies, inquiries and fact finding. Prepare staff analysis and reports on various projects and programs. Present analysis in both oral and written form to the City Manager and Council
• Resolve the department’s most difficult, complex, and sensitive customer service issues as necessary or directed and maintain related records. Keep the City manager informed of problems, issues, and concerns. Recommend changes in programs and policies to the City Manager
• Research, identify and develop suggested changes to the department programs and prepare proposed supporting budgets during the City’s annual budgetary process. Direct the development and presentation of the Public Works budgets. • Estimate department revenues and expenses, including any revenue and expense associated with grants and contracts of the department. Administer budgets for each of the departmental divisions.
• Direct the planning, development, and implementation of public works projects. Approve plans for public works projects. Review contractor bids and recommend contract award.
• Enter discussions with outside entities concerning the establishment of contractual relationships with the City concerning those matters under department cognizance. Monitor these and other City contracts that relate to and are within the scope of department responsibilities.
• Responsible for authorizing the purchase of departmental materials and equipment within the established dollar limits and the department’s budget. Prepare staff analysis and reports on various projects and programs. Present analysis in both oral and written form through Council and other public presentations, as requested by the City Manager • Plan, organize, direct, and coordinate all the activities of the Public Works Department. Functional activities include street and traffic signing maintenance and repair, vehicular and equipment maintenance and repair, electrical and electronic maintenance and repair, solid waste collection and disposal, wastewater collection and treatment, and water production, treatment, code enforcement, civil engineering and distribution programs and services.

Page 169 of 227 ends

McFarland City CouncilFebruary 22, 2024

McFarland City Council
February 22, 2024