McFarland City Council
March 14, 2024

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1.3.6.1.3 Location
The City includes large areas of both 100 and 500-YR floodplain, as shown in Figure 1-12. The 100-YR floodway areas mostly follow a north-south pattern following the eastern side of SR-99, which includes residential areas. Over 60% of total land area in the City, including the recent 2022 annexation, is located in either a 100-YR or 500-YR flood zone. Additionally, the snapshot exposure summary detailed in Figure 1-12 shows approximately half of the City’s population and parcels are located within the 100- and 500-YR flood hazard areas.

Table 1-16: City of McFarland – Flood Hazard Area Summary Total Land Area
(including Annexation)
% Area in 100-YR
Flood Zone
% Area in 500-YR
Flood Zone
% Area in both 100-
and 500-YR Flood
Zone
City of McFarland 4,066 ac. 16.9% 44.9% 61.8%

1.3.6.1.4 Frequency / Probability of Future Occurrences Additional information and background regarding the probability of future flood occurrence is available in Vol. 1, Section 4.5.2. As described in the 2015 Storm Drain Master Plan for McFarland, much of the City’s storm drain infrastructure and roads are unprepared or located below 10-YR base flood elevations, or 10% annual probability storm events.

1.3.6.1.5 Severity
Past floods have disrupted highway and railroad traffic and communications services; damaged and destroyed agricultural lands and critical infrastructure including roads, bridges, and water and sewage treatment plants.

In developed areas, flood problems are usually intensified because new homes and other structures, and new streets, driveways, parking lots, and other paved areas decrease the amount of open land available to absorb rainfall and runoff, thus increasing the volume of water that must be carried away by waterways.

However, storm drainage standards for new development in the City largely protect newer development.

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Figure 1-12: City of McFarland - Flood Vulnerability & Exposure Snapshot

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1.3.6.1.6 Flood Hazard Vulnerability
This section describes vulnerabilities to flooding in terms of exposed population, property, and infrastructure. Two methods of analysis were used to asses local flood vulnerability. First, an exposure analysis revealing total population, parcel count and value, and critical infrastructure is available in the Exposure Snapshot summary in Figure 1-12. Second, a Level 2 Hazus protocol was used to estimate potential damages to residential parcels from flooding under 100-YR (1% annual chance). Additional information regarding vulnerability assessment methodology is available in Vol.1., Section 3.4.

Hazus Damage Estimation
This section provides estimations of damages to residential buildings in the 100-YR and 500-YR flood zones. Damage estimations, as calculated by Hazus, estimate losses to structures from flooding by analyzing the depth of flooding and type of structure. Using historical flood insurance claim data, Hazu estimates the percentage of damage to structures and their contents by applying established damage functions to an inventory. For this analysis, all non-vacant parcels with current market values were used instead of default inventory data provided by Hazus. Additional information regarding Hazus methodology is available in Vol 1, Section 3.4.

Table 1-17: City of McFarland - Flood Loss Estimation for Residential Buildings Parcel Type
Building
Damage ($)
Building
Damage
(% of total loss)
Content
Damage ($)
Content
Damage (% of
total loss)
Total Damage
($)
Proportion of
Loss (%)
100-YR Flood Event (1% chance annual probability)
RES1 $2,256,301 76.5% $694,772 23.5% $2,951,073 1%
RES2 $0 -- $0 -- $0 0%
RES3A $426,355 62.2% $259,023 37.8% $685,378 3%
RES3B $128,051 61.7% $79,381 38.3% $207,431 4%
Total $2,810,707 73.1% $1,033,175 26.9% $3,843,882 1%
500-YR Flood Event (0.2% chance annual probability)
RES1 $13,821,669 75.8% $4,414,674 24.2% $18,236,343 5%
RES2 $47 88.0% $6 12.0% $54 1%
RES3A $963,517 63.6% $550,860 36.4% $1,514,376 6%
RES3B $94,854 64.3% $52,729 35.7% $147,583 3%
Total $14,880,088 74.8% $5,018,269 25.2% $19,898,357 5% Note: Total Inventory Values
RES1 - $357,918,886
RES2 - $5,964
RES3A - $24,867,674
RE3B - $5,190,419
Total - $387,982,943

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1.3.6.2 Earthquake
For a general description of the earthquake hazard, see Vol. 1, Section 4.5.4.

1.3.6.2.1 Regulatory Environment
Additional information regarding federal, state, and regional regulations pertaining to the earthquake hazard are listed in Vol. 1, Section 4.5.4. The City of McFarland follows Kern County in adopting the latest version of the California Building Code, which contains specific provisions for seismic resistant construction and design for new development. At the time of writing this plan McFarland had adopted the 2022 State Building Code.

1.3.6.2.2 Past Events
Numerous earthquakes have occurred in and near Kern County over the last two decades. In 2019, two earthquakes of 6.4 and 7.1 magnitude affected the Ridgecrest area, ripping several homes off their foundations. No deaths were reported and impacts to McFarland were limited to non-structural damage.

Table 1-18: Earthquakes in Kern County >4.5 Magnitude since 2000 Date Location Magnitude
1/25/2023 20 km NE of Arvin 2.9
9/29/2004 25 km SSW of Bodfish 5.0
4/16/2005 20 km ESE of Maricopa 4.6
9/22/2005 14 km NW of Grapevine 4.7
2/24/2016 6 km SSW of Wasco 4.9
7/4/2019
200 km NE of Los Angeles near
Ridgecrest 6.4
7/5/2019
11 km from 7.4.2019 earthquake (in
San Bernadino County) 7.1
Source: USGS

1.3.6.2.3 Location
Earthquake fault zones are established by the Alquist-Priolo Act of 1972, which requires mapping of surface faults with a potential for future rupture. These zones have been established by the State Geologist and indicate an active fault within the zone. While numerous faults exist in the region of Kern County with the potential to generate strong earthquakes that could bring damages to McFarland, there are no such mapped surface faults in City limits.

1.3.6.2.4 Frequency / Probability of Future Occurrences Frequency and probability of earthquakes around Kern County are discussed in Vol 1., Section 4.5.4. The two mapping products utilized for the county-wide risk assessment for earthquake are included in this annex and include the Uniform California Earthquake Rupture Forecast, Version 4 (UCERF3) as well as Earthquake Shaking Potential based on USGS National Seismic Hazard Model. These probabilistic maps were used to determine scenario earthquakes for the vulnerability assessment portion of this plan. This

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Annex will focus on damage estimates from a 6.7 M earthquake scenario along the San Andreas Fault system in the southern portion of the county. The San Andreas fault has the highest probability of an earthquake greater than 6.7 M within Kern County, with a >10% annual probability.

Figure 1-13: UCERF3 Fault Probabilities for Kern County

1.3.6.2.5 Severity and Extent
Even moderate earthquakes occurring in or near the Kern County region could result in casualties, property and environmental damage, and disruption to essential services. Additional impacts to the emergency services network are discussed in Vol. 1, Section 4.5.4.

Severity of damage to residential buildings are also a function of building age; nearly 40% of McFarland’s housing stock was constructed prior to 1980, indicating that many residential buildings were designed prior to critical “benchmark” years in seismic code. The the statewide Earthquake Brace Bolt (EBB) grant program is an example of targeted efforts to address vulnerabilities among the aging housing stock.

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Table 1-19: City of McFarland - Occupied Housing Units by Building Age Date of Construction Occupied Housing Units % Total Occupied Housing Units 2020 or later 0 0.0%
2010 to 2019 346 10.6%
2000 to 2009 737 22.6%
1980 to 1999 939 28.8%
1960 to 1979 631 19.4%
1940 to 1959 479 14.7%
1939 or earlier 127 3.9%
Source: ACS 2016-2021 5-yr Estimates.

1.3.6.2.6 Warning Time
Part of the major danger associated with earthquakes is the lack of warning time for essential services and residents in affected areas. Additional coordination and outreach is needed to ensure that residents of McFarland can benefit from the County-wide emergency notification system, ReadyKern, which deployed in 2020.

1.3.6.2.7 Earthquake Hazard Vulnerability
To assess the vulnerability of McFarland to earthquake hazards, the selected model earthquake scenario, an M6.7 earthquake along the San Andreas Mojave fault in southern Kern County, was overlaid with local population, parcels, and infrastructure to derive exposure summaries. These results are shown in the Snapshot summary in Figure 1-15. Overall, the scenario earthquake produced only moderate shaking and the entire area was determined to be exempt from exposure, which was only counted for strong to severe shaking. Nevertheless, the San Andreas fault can produce stronger earthquakes in this region that could bring stronger shaking and damages to McFarland. Even moderate shaking is also capable of disrupting essential services and causing non-structural but nonetheless serious damage and injury within homes and businesses.

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Figure 1-14: Earthquake Shaking Potential for Kern County

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Figure 1-15: City of McFarland - S. San Andreas Mojave N. Vulnerability & Exposure Snapshot

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1.3.6.3 Severe Weather
The severe weather hazard in McFarland may include high wind events, thunderstorms, and fog. The full contents of the severe weather hazard profile in Vol. 1, Section 4.5.1, also apply to McFarland and were taken into consideration when determining the appropriate mitigation strategy for the Severe Weather Hazard. No additional information is provided specific to this Annex.

1.3.6.4 Drought
Section 4.5.6 of Vol. 1 discusses drought description, past events, location, frequency/probability of future occurrence, severity, and vulnerability in detail. This section will only provide supplemental information relevant to McFarland which is not included in the Vol. 1 document.

1.3.6.4.1 Secondary Hazards: Subsidence
Subsidence is addressed as a separate hazard profile in the Vol. 1 plan under Soil Stability (Section 4.5.8) but will be discussed here as a secondary hazard to drought.

1.3.6.4.2 Regulatory Environment
Federal and state regulations pertaining to drought are discussed in Vol. 1, Section 4.5.6.

Southern San Joaquin Municipal Utility District (SSJMUD) The City of McFarland is a municipal water provider located within the service area of the Southern San Joaquin Municipal Utility District. While McFarland is its own municipal water provider, relying on the local groundwater supply, which is naturally recharged, local on-farm recharge efforts led by SSJMUD accrue to benefit the City in maintaining municipal well supply. Given the relationship between the City’s and the SSJMUS water supply, the City has made an effort to collaborate and maintain consistency with the SSJMUD Management Area Plan.

Kern Groundwater Authority (KGA) Groundwater Sustainability Plan In accordance with the 2015 California Sustainable Groundwater Management Act (SGMA), which mandates statewide groundwater sustainability by 2040, the City of McFarland joined the Kern Groundwater Authority in preparing a Groundwater Sustainability Plan (GSP) to manage groundwater resources of the Kern County Subbasin, in which the City of McFarland is located. The most recent version of the GSP includes long-range planning for actions such as the fallowing of certain agricultural lands to meet the region’s groundwater needs by 2040 and is taken into consideration in the City’s most recent general plan update.

City of McFarland General Plan
As outlined in the 2020 comprehensive General Plan update, the City of McFarland is preparing for significant growth over the next two decades but is constrained, among other things, by water resources and existing infrastructure. As a primarily agricultural economy, the General Plan includes a Sustainable Agriculture update that balances future growth with other goals to protect valuable agricultural lands and improve sustainability practice to protect this critical sector in the local economy.

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City of McFarland Urban Water Management Plan (2020)
The City of McFarland created its first UWMP in 2020, which is a comprehensive document that presents an evaluation of a water supplier’s reliability over a 20–25-year horizon. The 2020 UWMP provides an assessment of present and future water supplies and demands within the City’s service area and includes a water reliability assessment, Drought Risk Assessment (DRA), and a Water Shortage Contingency Plan (WSCP) to help prepare for future water shortages. The City worked in collaboration with KGA and SSJMUD to complete the plan.

1.3.6.4.3 Past Events
Past drought events in Kern County are shown in the U.S. Drought Monitor Categories timeline, Figure 1-16.

In early 2023, a multi-year drought was broken during multiple months of atmospheric river flooding affecting the entire U.S. west coast.

Historical subsidence exposure summaries are shown in Figure 1-17. The entirety of McFarland’s population, parcels, and infrastructure are exposed to low subsidence hazard.

Figure 1-16: U.S. Drought Monitor Categories for Kern County, January 2000 - September 2023 0 20
40 60
80 100
Percent Area in U.S. Drought Monitor Categories - Kern County D0 D1 D2 D3 D4

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Figure 1-17: City of McFarland - Subsidence Exposure Snapshot

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1.3.6.5 Extreme Heat
Additional description ofthe extreme heat hazard is provided in the Severe Weather hazard profile in Vol.1, Section 4.5.1. This Annex provides most recent data from Cal-Adapt for the City of McFarland describing the frequency of extreme heat events including days and nights above the 98th percentile values from a historical baseline period of 1961-1990, which coincides with a daytime temperature of 105.9˚F and a nighttime temperature of 73.5 ˚F.

Table 1-20: City of McFarland - Frequency of Future Extreme Heat Events under Medium and High Emissions Scenarios
Historical Emissions Scenario High Emissions Scenario
Historical RCP 4.5 RCP 8.5
Hisorical
Baseline
(1961 – 1990)
Mid Century
(2035 – 2064)
End Century
(2070 – 2099)
Mid Century
(2035 – 2064)
End Century
(2070 – 2099)
Days above
100˚F 32 days 65 days 79 days 77 days 103 days
Days above
105.9˚F
(98
th Percentile)
3 days 20 days 31 days 29 days 52 days
Nights above

73.5 °F
(98
th Percentile)
2 days 15 days 23 days 23 days 52 days

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1.3.7 Identify Hazard Problem Statements
As part of the mitigation action identification process, the Planning Committee for each jurisdiction identified areas of concern (aka problem statements) for their respective facilities based on the risk assessment and vulnerability analysis, utilizing the RAMP mapping and static snapshot maps. Problem statements focused on the impact, victim, or threat that the hazard could create in the jurisdiction, as described in Figure 1-18. Identifying common issues and weaknesses through these problem statements assisted the Planning Committee in understanding the realm of resources needed for mitigation.

Jurisdiction problem statements are listed in Table 1-21.

The goal is to have at least one mitigation action for every problem statement. Projects or actions have been developed to mitigate each problem identified. See Table 1-26 for a full list of mitigation actions and corresponding problem statements that they address. Each problem statement is coded with a problem number for cross-referencing between Table 1-21 and Table 1-26.

Figure 1-18. Guidance for Problem Statements
IMPACT
Casualties
Property damage
Business interruption
Financial loss
Environmental contamination
VICTIM
School children in hazard high
areas
Care facilities in high hazard
areas
Vulnerable populations exposed
to hazards
THREAT
Increased fuels due to drought
Hotter, drier climates
More intense storms
Impervious surfaces = greater
runoff
Spread of invasive apecies

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Table 1-21: Hazard Problem Statements
Problem No. Hazard Type
Area of
Concern
Mitigation
Alternatives
Primary
Agency Problem Description Related MA
ps-AH-MF-36 All Hazard Threat NRP - Natural
Resource
Protection, SP
- Structural
Projects
City of
McFarland
Climate change is altering the
frequency and intensity of natural
hazards affecting McFarland
including extreme heat, flooding,
drought, and severe weather.
ma-AH-MF18, ma-AHMF-17, maFL-MF-9, maEH-MF-29
ps-AH-MF-37 All Hazard Victim PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
The community of McFarland
includes many undocumented
residents who do not qualify for many
federal forms of financial assistance
following declared disasters, and face
major economic insecurity following
loss of employment or damage to
residences.
ma-AH-MF18, ma-AHMF-23
ps-AH-MF-38 All Hazard Threat ES -
Emergency
Services
City of
McFarland
Lack of coordination between local
level and County public alert systems
throughout the Kern region can
impede the spread of accurate/real
time emergency information for
residents, businesses, and local
responding agencies during a major
hazard event.
ma-AH-MF21, ma-AHMF-22, maAH-MF-17
ps-AH-MF-35 All Hazard Victim PRV -
Prevention
City of
McFarland
Low-income households face
disproportionately higher utility
burden resulting from water and
energy conservation efforts.
ma-AH-MF23
ps-GH-MF-19 Drought Impact PRV -
Prevention,
NRP - Natural
Resource
Protection, SP
- Structural
Projects
City of
McFarland
Subsidence throughout the San
Joaquin Valley causing damage and
increased maintenance costs for
water and linear infrastructure.
ma-DR-MF30
ps-DR-MF-21 Drought Impact PRV -
Prevention,
NRP - Natural
Resource
Protection, SP
- Structural
Projects
City of
McFarland
Presence of hydrophobic soils during
extended periods of drought further
reduces retention of precipitation.
ma-EH-MF-4,
ma-DR-MF19, ma-DRMF-21, maDR-MF-1
ps-DR-MF-22 Drought Threat PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
Kern County Subbasin experiences
ongoing overdraft of 324,326 acre-feet
per year, according to the most recent
Groundwater Sustainability Plan.
ma-DR-MF31, ma-DRMF-20, maDR-MF-21,
ma-DR-MF-1

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Problem No. Hazard Type
Area of
Concern
Mitigation
Alternatives
Primary
Agency Problem Description Related MA
ps-DR-MF-23 Drought Impact PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
Extended drought periods reduce
annual recharge of groundwater
resources across the region.
ma-DR-MF21, ma-DRMF-19
ps-DR-MF-25 Drought Victim NRP - Natural
Resource
Protection, SP
- Structural
Projects
City of
McFarland
Increased pumping from wells during
drought can pull shallow,
contaminated groundwater down to
depths commonly tapped for public
drinking-water supply.
ma-DR-MF-2
ps-DR-MF-27 Drought Victim PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
Widespread economic loss during
drought years with impacts to farm
owners, workers, related industries,
and tax revenue.
ma-DR-MF31, ma-FLMF-25, maAH-MF-18,
ma-DR-MF-1
ps-GH-MF-17 Earthquake Threat ES -
Emergency
Services, SP -
Structural
Projects
City of
McFarland
Little to no warning time for
earthquake hazards can increase risk
of injury among McFarland residents.
ma-AH-MF22, ma-AHMF-21
ps-GH-MF-18 Earthquake Victim PPRO -
Property
Protection, SP
- Structural
Projects, PE&A
- Public
Education &
Awareness
City of
McFarland
The entirety of McFarland's
population is exposed to moderate to
strong shaking risk under modeled
EQ scenarios.
ma-GH-MF11, ma-GHMF-13, maAH-MF-17,
ma-AH-MF21
ps-GH-MF-20 Earthquake Impact PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Local linear utilities (power lines, gas
and water mains) risk damage both
from earthquake shaking and
subsidence.
ma-EQ-MF32
ps-EQ-MF-35 Earthquake Threat PE&A - Public
Education &
Awareness, SP
- Structural
Projects
City of
McFarland
Pre 1970's residential construction
(38% of total housing stock) face
greater risk of damage/collapse under
strong shaking scenarios;
ma-GH-MF11, ma-GHMF-13
ps-EQ-MF-39 Earthquake Impact PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Many of McFarland's city facilities
and infrastructure were designed
prior to modern building codes and
could face greater risk of damage or
collapse under strong seismic
shaking scenarios.
ma-EQ-MF26, ma-GHMF-12, maEQ-MF-27

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Problem No. Hazard Type
Area of
Concern
Mitigation
Alternatives
Primary
Agency Problem Description Related MA
ps-EH-MF-30 Extreme
Heat
Threat ES -
Emergency
Services, SP -
Structural
Projects
City of
McFarland
Climate change is increasing the
duration, frequency, and severity of
extreme heat events, which are likely
to increase the risk of mortality and
morbidity due to heat-related illness
and exacerbation of existing chronic
health conditions.
ma-EH-MF-3,
ma-EH-MF-4,
ma-EH-MF29, ma-AHMF-18
ps-EH-MF-32 Extreme
Heat
Victim PE&A - Public
Education &
Awareness, ES
- Emergency
Services
City of
McFarland
Vulnerable populations such as the
elderly, children, outdoor workers, and
persons with chronic medical
conditions face greater rates of heat
related injury, illness, and death.
ma-AH-MF18, ma-EHMF-29, maEH-MF-3
ps-EH-MF-33 Extreme
Heat
Impact PE&A - Public
Education &
Awareness, SP
- Structural
Projects
City of
McFarland
Water consumption increases during
extreme heat events, placing
additional pressure on water supply
during periods of drought.
ma-EH-MF-3,
ma-DR-MF20
ps-EH-MF-34 Extreme
Heat
Impact PE&A - Public
Education &
Awareness, SP
- Structural
Projects
City of
McFarland
Additional demand for electricity
during extreme heat events triggering
rolling brownouts throughout the
region.
ma-EH-MF-3,
ma-EH-MF-5,
ma-EH-MF29, ma-AHMF-18
ps-EH-MF-35 Extreme
Heat
Victim PE&A - Public
Education &
Awareness, ES
- Emergency
Services
City of
McFarland
Low-income neighborhoods contain
disproportionately low tree shade and
natural land surface cover,
contributing to higher temperatures
during extreme heat events.
ma-EH-MF-4
ps-FL-MF-6 Flood Threat PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Residential neighborhoods in the
northeastern portion of the City are a
historic loss area.
ma-FL-MF-8,
ma-FL-MF-6,
ma-FL-MF-28
ps-FL-MF-7 Flood Threat PRV -
Prevention,
PPRO -
Property
Protection,
NRP - Natural
Resource
Protection, ES
- Emergency
Services, SP -
Structural
Projects
City of
McFarland
Regional flood hazard from Poso
Creek originates beyond City
boundary and the City's control
(Railroad Mainline & State Route 99).
ma-FL-MF-9

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Problem No. Hazard Type
Area of
Concern
Mitigation
Alternatives
Primary
Agency Problem Description Related MA
ps-FL-MF-8 Flood Threat PPRO -
Property
Protection, ES
- Emergency
Services, SP -
Structural
Projects
City of
McFarland
Long periods of winter rains saturate
soils, increasing local flooding
hazards.
ma-FL-MF28, ma-FLMF-8, ma-FLMF-9, ma-FLMF-24
ps-FL-MF-9 Flood Victim PE&A - Public
Education &
Awareness, ES
- Emergency
Services, SP -
Structural
Projects
City of
McFarland
Transportation from and access to
residential areas could become
compromised during high water
flooding events. Residents who lack
access to a vehicle may be unable to
leave early in the case of an
evacuation.
ma-FL-MF24, ma-FLMF-6, maSW-MF-15
ps-FL-MF-10 Flood Victim PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
Health issues as a result of flood
water which exacerbate
environmental health risks;
mold/contaminated flood
waters/West Nile Virus/agricultural
waste.
ma-DR-MF-2,
ma-FL-MF-25
ps-FL-MF-11 Flood Threat PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Lack of local aboveground and
underground storm drain/flood
control infrastructure exacerbates
regional flood hazards.
ma-FL-MF25, ma-FLMF-8
ps-FL-MF-12 Flood Impact PRV -
Prevention,
PE&A - Public
Education &
Awareness
City of
McFarland
Many residents who live in or around
the local flood hazard do not carry a
flood insurance policy to cover losses.
ma-FL-MF-6
ps-FL-MF-13 Flood Victim PE&A - Public
Education &
Awareness, ES
- Emergency
Services
City of
McFarland
In case of a major flood event,
residents face risk of long-term
displacement due to flooding with
limited City ability to provide food
and sheltering.
ma-AH-MF18, ma-FLMF-6
ps-FL-MF-15 Flood Impact PPRO -
Property
Protection
City of
McFarland
Four schools are positioned within
500-year / 100-year floodplain areas;
specifically Browning Road STEAM
Academy (100), McFarland preschool
(100, McFarland High (500), and Kern
Avenue Elementary (500)
ma-FL-MF-33
ps-FL-MF-34 Flood Threat ES -
Emergency
Services, SP -
Structural
Projects
City of
McFarland
Identified future police station site on
the corner of Davis Ave and Elmo
Hwy is situated within the 500-year
floodplain, and close proximity to the
100-year floodplain.
ma-FL-MF-28

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Problem No. Hazard Type
Area of
Concern
Mitigation
Alternatives
Primary
Agency Problem Description Related MA
ps-FL-MF-40 Flood Threat PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Climate change is projected to
increase the severity of extreme
weather events, including flooding
from heavy rains.
ma-FL-MF-9,
ma-FL-MF-8,
ma-FL-MF24, ma-AHMF-18, maAH-MF-17
ps-SW-MF-2 Severe
Weather
Impact PPRO -
Property
Protection, ES
- Emergency
Services, SP -
Structural
Projects
City of
McFarland
High winds events can result in
broken tree limbs, fallen telephone
lines, and a heavy accumulation of
debris blocking storm drains.
ma-AH-MF17, ma-SWMF-15
ps-SW-MF-3 Severe
Weather
Victim PPRO -
Property
Protection,
PE&A - Public
Education &
Awareness, SP
- Structural
Projects
City of
McFarland
Substandard construction and the age
of the housing stock have resulted in
the lack of quality infrastructure
(overhead vs. underground utility
lines, lack of curb and gutter etc.),
exposing low-income households to
greater damage during severe
weather events.
ma-FL-MF-8,
ma-FL-MF-6,
ma-SW-MF34
ps-SW-MF-4 Severe
Weather
Threat PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Aged and degraded road
infrastructure is vulnerable to
damage during severe weather
events, escalating long-term
maintenance costs.
ma-SW-MF34
ps-SW-MF-5 Severe
Weather
Impact PPRO -
Property
Protection, SP
- Structural
Projects
City of
McFarland
Blackouts and damage to grid
infrastructure during
thunderstorm/lightning events can
limit delivery of essential services.
ma-AH-MF18, ma-AHMF-17

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1.3.7.1 Mitigation Action Support Tool (MAST)
As a living document, hazard problem statements and mitigation activities will be updated through a web interface application developed specifically for participating jurisdictions. The Mitigation Action Support Tool (MAST) is accessible through http://mitigatehazards.com/mcfarland-hmp/.

MAST is a web-based interactive tool that enables multiple users to search, view, enter, and update mitigation actions, ideas or projects, and other information. MAST provides participating jurisdictions and plan reviewers (Cal OES/FEMA) access to valuable mitigation information that can be leveraged by future planning or other risk reduction efforts within the County. Participating jurisdictions can update the status of their mitigation projects throughout the planning lifecycle, and this web-based tool will improve participating jurisdiction’s ability to apply for FEMA’s Hazard Mitigation Assistance (HMA) grant programs including initial grant application processes through Cal OES.

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1.4 Mitigation Strategy
The mitigation strategy is the guidebook to future hazard mitigation administration, capturing the key outcomes of the MJHMP planning process. The mitigation strategy is intended to reduce vulnerabilities outlined in the previous section (a.k.a. problem statements) with a prescription of policies and physical projects. These mitigation actions should be compatible with existing planning mechanisms and should outline specific roles and resources for implementation success.

1.4.1 Capabilities Assessment
This section examines the planning and regulatory, administrative, technical, financial, educational, and outreach capabilities to augment known issues and weaknesses from identified natural hazards.

The tables in this section explore various local planning mechanisms, administrative capacity, financial capabilities, and education and outreach initiatives. The columns in each table represent deeper dives into the following questions:
▪ Is the existing planning or regulatory mechanism used currently? (Column 1, Status) ▪ Has the HMP been integrated into the planning mechanism currently so that the named mechanism is currently used in HMP planning? (Column 2, Current Mitigation Use) ▪ Is there a future opportunity to expand, improve upon, and incorporate this 2020 HMP Update into the planning or regulatory mechanism? (Column 3, Future Opportunity) The capabilities assessment is easily-digestible and based on color coding to indicate which policies and plans are adequate, need improvement or in which the HMP could be integrated. Each table includes a legend that explain how each one of these questions are being answered according to the color indicated:
green, yellow, and orange.

For more information on the regulatory environment surrounding each hazard, see hazard-specific sections of Volume 1. Volume 1, Section 5.3.5 includes an extensive list of federal and state funding opportunities as well.

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1.4.1.1 Planning and Regulatory Capabilities
Table 1-22. Planning and Regulatory Capabilities Summary HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Planning and Regulatory Capabilities
Construction and Future Development Regulations
Building Codes
Green Green Yellow
See City Code Chapter

15.04.160 - 2022 CA State
Building Code
BCEGS Rating N/A N/A N/A
Public Protection (ISO Class) N/A N/A N/A
Hazard-Related Development Standards
Green Green Green
See Municipal Code Chapter

15.12 for SFHA development
standards; § 8.20.060
Zoning Ordinance Green Yellow Green See Muni Code Title 17.

Hazard-Specific Ordinance
Green Yellow Green
See Municipal Code Chapter

15.12 for SFHA development
standards
Growth Management Ordinance Yellow Orange Green See Muni Code Title 16, subdivisions
Hazard Reduction Programs (Annually Conducted)
Capital Improvements Program (CIP) or Plan
Green Yellow Green
CIP 2023-2024 outlines
strategy for new police
station/EOC, roads, and
water/sewer systems
Erosion/Sediment Control Program
Yellow Green Yellow
See municipal code 15.12.240;
General plan EIR Chapter 5.8,
Geology and Soils
Hazard-Related Public Outreach Program
Yellow Yellow Green
See City of McFarland Local
Hazard Mitigation Plan
available on city website.

Stormwater Management Program (Annual
Inspections) Orange Orange Green
Seismic Safety Program (Non-structural)
Orange Orange Yellow
No current plans specific to
seismic safety that is nonstructural.

Earthquake Modernization Plan (Building Safety)
Yellow Yellow Yellow
No formal plan, but included
on McFarland General Plan &
building safety in ordinance

17.120.090
Hazard Plans
General Plan Safety Element
Green Green Yellow
McFarland adopted updated
plan in 2016, plan includes
HMP integration.

Community Wildfire Protection Plan (CWPP)
Yellow Green Orange
Kern County Fire Dept.
includes 2021 Strategic Fire
Plan , also details included in
HMP.

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HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Planning and Regulatory Capabilities
Floodplain Management Plan
Yellow Green Yellow
See municipal code Ch. 15.12,
§§ 15.12.010 —15.12.510 -
Floodplain mgmt. priorities
and implementation strategy
also outlined in LHMP and
Safety Element.

Stormwater Management Plan
Green Green Yellow
See Storm Drain Master Plan,
2015, prepared by RBF
Consulting.

Emergency Operations Plan
Yellow Green Yellow
Kern County Emergency
Operations Plan (2014)
integrated into City Safety
Element
Climate Action Plan
Orange Orange Green
McFarland has no current
climate action plan, although
updates to climate regulations
included in goals listed by
Kern Climate Change Task
Force.

Ground Water Management Planning / Plans
Green Green Green
Sustainable Agriculture
Element of GP (2020); Kern
Groundwater Authority GSP
(2022)
Urban Greening Plan
Green Green Yellow City of McFarland Urban
Forest Plan created in 2020
National Flood Protection Program (NFIP)
Floodplain Management Regulations
Green Green Yellow
See municipal code Chapter

15.12 - Floodplain
management.

Flood Insurance Education and Technical Assist.

Orange Orange Green
Flood Hazard Mapping / Re-Mapping
Green Green Green
See municipal code Chapter

15.12.070 - areas identified by
the FIA; also Storm Drain
Master Plan

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Administrative and Technical Capabilities
Table 1-23. Administrative and technical capabilities summary HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Administrative and Technical
Community Planning and
Development Services
Community Planner Green Green Orange Brianahi DeLeon
Civil Engineer
Green Green Orange Public Works Director.

Building Code Official (Full time
or Augmented) Green Green Orange Larry Ronk as Building Inspector Floodplain Administrator
Green Green Orange The City Manager is the Floodplain
Administrator - see municipal code 15.12.140.

Fire Marshal Green Green Yellow Kern County Fire Dept.

Dedicated Public Outreach
Personnel Orange Yellow Yellow Shared across roles
GIS Specialist and Capability Orange Orange Yellow Limited GIS capability Emergency Manager Orange Yellow Green City Manager scope Full-Time Building Official Green Green Orange Building Inspector scope Dedicated Grant Manager, Writer,
or Specialist Yellow Green Yellow Shared across roles
Other
Warning Systems/Services
General
Green Green Green ReadyKern; opportunity for expanded GIS capacity + coordination
Flood Green Green Green
Wildfire Green Green Green
Geological Hazards Green Green Green

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1.4.1.2 Financial Capabilities
Table 1-24. Financial capabilities summary
HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Fiscal Capabilities
Financial Resources for Hazard Mitigation
Levy Taxes for Specific Purposes Green Green Green Requires voter approval Utilities Fees Yellow Yellow Yellow Water Department
Benefit assessments Orange Orange Yellow
System Development Fee
Green Green Yellow See 2020 analysis of development
impact feed through 2040
General Obligation Bonds to Incur Debt
Yellow Yellow Yellow Limited ability (see 2023-2024 CIP) Special Tax Bonds to Incur Debt Yellow Yellow Yellow Limited ability (see 2023-2024 CIP) Withheld Spending in Hazard-Prone Areas
Orange Orange Yellow
Majority of city area exposed to
flood and EQ hazard; community
block grants subject to NFIP
regulations
Stormwater Service Fees Yellow Yellow Yellow Storm Drain Fee included in 2023- 2024 CIP
Capital Improvement Project Funding
Green Green Green Included in 2023-2024 CIP

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1.4.1.3 Education and Outreach
Table 1-25. Education and outreach capabilities summary HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Education / Outreach Capabilities
Education/Outreach Resources
Website Dedicated to Hazard Topics
Orange Orange Green
Dedicated Social Media Orange Orange Green
Hazard Info. Avail. at Library/
Planning Desk Yellow Yellow Green
Annual Public Safety Events Green Green Green Coffee with a Cop, Trunk-o-Treat Ability to Field Public Tech.

Assistance Requests Yellow Yellow Green
Public Safety Newsletters or Printed
Outreach Orange Orange Green
Resource Conservation Districts
Green Green Green
Northwest Kern RCD conducts debris
removal along Poso Creek; future
opportunity for collaboration
Other

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1.4.2 Mitigation Actions
Mitigation actions were developed based upon the
jurisdiction’s priorities, risk assessment results, and mitigation alternatives. The mitigation action
prioritization method used by all participating
jurisdictions is described in Section 5.5.1 of Volume 1.

Table 1-26 lists each priority mitigation action,
responsible party, time frame, potential funding source, implementation steps, and resources need to
implement based upon the Planning Committee
consensus.

Each participating jurisdiction, including the City of
McFarland, considered ongoing relevancy of
mitigation actions from the existing MJHMP and
retained or removed such actions while adding new
relevant actions as well. Mitigation actions were
examined for relevancy and the potential for future
implementation and then evaluated for potential
follow-up. Some mitigation actions developed during
the previous HMP effort were not included because
they were an inherent part of the HMP update process
or were not detailed enough for implementation at a
local Jurisdiction level. The City of McFarland has
made significant changes to other mitigation actions
because of the updated risk assessment and
implementation strategy, to include more detail, or to
update based on current mitigation practices. Volume 1, Section 5.5.2 provides a record of County wide mitigation actions, the status, and additional notes for each action.

Table 1-26 lists each mitigation action for the City of McFarland. Each participating jurisdiction developed unique mitigation actions, targeted at their own unique priorities and vulnerabilities. Each mitigation action identifies the responsible party, time frame, potential funding source, implementation steps and resources needed to implement these priority mitigation actions. As a living document, hazard problem statements and mitigation activities will be updated through MAST. The detail in Table 1-26 meets the regulatory requirements of FEMA and DMA 2000.

Figure 1-19. Mitigation Action Key

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Table 1-26. City of McFarland Mitigation Actions
Mitigation No. Hazard Type
Mitigation
Type Status Year Primary Agency Title/Description
Responsible
Party Estimated Cost Estimated Benefit Time Frame
HMA
Activity Type
Potential Grant
Source Priority
Related
Problem
Statements
ma-AH-MF-17 All Hazard ES -
Emergency
Services
Ongoing 2023 City of
McFarland
Complete the purchase and
outfitting of a dedicated Mobile EOC
unit to increase City operational and
response capacity during natural
disaster events and emergencies.

Police
Department
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years Project HMGP / BRIC Extreme ps-AH-MF36, ps-AHMF-38, psGH-MF-18, ps-FL-MF-40,
ps-SW-MF-2,
ps-SW-MF-5
ma-AH-MF-18 All Hazard SP -
Structural
Projects
Pending 2023 City of
McFarland
Seek funding to establish a local
Community Resilience Center (CRC)
to provide shelter and resources
during climate and other
emergencies as well as fund yearround services and ongoing programming that build overall
community resilience.

Community
Development
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Project HMGP / BRIC High ps-AH-MF37, ps-AHMF-36, psDR-MF-27, ps-EH-MF30, ps-EHMF-32, psEH-MF-34,
ps-FL-MF-13,
ps-FL-MF-40,
ps-SW-MF-5
ma-AH-MF-21 All Hazard PE&A - Public
Education &
Awareness
Pending 2023 City of
McFarland
Create a dedicated page on the city
website and across social media
channels to promote hazard-specific
educational materials related to
emergency preparedness, alert
systems, mitigation at home, and
assistance programs.

Community
Development,
IT
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years 5% Internal Funding Medium ps-AH-MF38, ps-GHMF-17, psGH-MF-18 ma-AH-MF-22 All Hazard ES -
Emergency
Services
Pending 2023 City of
McFarland
Collaborate with Kern County OES /
Fire Department to implement
ReadyKern notifications for hazards
within and surrounding McFarland
city limits.

Community
Development,
Police
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years 5% HMGP / BRIC Extreme ps-AH-MF38, ps-GHMF-17 ma-AH-MF-23 All Hazard PE&A - Public
Education &
Awareness
Pending 2023 City of
McFarland
Partner with local CBO's including
Faith in the Valley and Community
Action Partnership of Kern (CAPK) to
increase low-income households'
access to utility assistance programs
to lessen the disproportionate cost
burden associated with water and
energy conservation measures.

Community
Development
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.

Ongoing 5% HMGP / BRIC Medium ps-AH-MF37, ps-AHMF-35
ma-DR-MF-1 Drought PE&A - Public
Education &
Awareness
Pending 2016 City of
McFarland
Develop and implement a public
education program to promote
residential water conservation and
increase awareness of drought
conditions.

Community
Development
Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
5-10 Years Project HMGP / BRIC Medium ps-DR-MF27, ps-DRMF-22, psDR-MF-21

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Mitigation No. Hazard Type
Mitigation
Type Status Year Primary Agency Title/Description
Responsible
Party Estimated Cost Estimated Benefit Time Frame
HMA
Activity Type
Potential Grant
Source Priority
Related
Problem
Statements
ma-DR-MF-2 Drought PRV -
Prevention
Ongoing 2016 City of
McFarland
Complete outfitting of the Garzoli
well for arsenic treatment.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years Project HMGP / BRIC ,
Internal Funding
High ps-DR-MF25, ps-FLMF-10
ma-DR-MF-19 Drought NRP - Natural
Resource
Protection
Pending 2023 City of
McFarland
Replace irrigated landscaping and
turf present on local parks and City
facilities with drought-tolerant /
water-wise vegetation.

Public Works Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
3-5 Years Project CRNA
Instituational
Turf Replacement
Program
High ps-DR-MF-21,
ps-DR-MF-23
ma-DR-MF-20 Drought SP -
Structural
Projects
Pending 2023 City of
McFarland
Install advanced metering devices
for local residential and commercial
water customers to support water
conservation efforts, enhanced
tracking of City-wide water
consumption, and improved leak
detection.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Project HMGP / BRIC ,
USBR
WaterSMART
High ps-DR-MF22, ps-EHMF-33
ma-DR-MF-21 Drought NRP - Natural
Resource
Protection
Pending 2023 City of
McFarland
in accordance with the GP Public
Facilities Element Programs PF

1.2.2.3 - 1.2.2.4, identify sites for
designation as groundwater
recharge areas via either stormwater
or treated wastewater.

Community
Development,
Public Works
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Planning HMGP / BRIC High ps-DR-MF-21,
ps-DR-MF22, ps-DRMF-23
ma-DR-MF-30 Drought PPRO -
Property
Protection
Pending 2023 City of
McFarland
Continue to use best available
science to monitor ongoing
subsidence risk throughout the Kern
Sub-Basin and assess existing
wellheads for evidence of
subsidence damage on an annual
basis.

Public Works Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.

Annually Planning HMGP / BRIC ,
N/A
Medium ps-GH-MF-19
ma-DR-MF-31 Drought PRV -
Prevention
Ongoing 2023 City of
McFarland
Continue to implement the
recommendations of the 2022 KGA
Umbrella Groundwater
Sustainability Plan and integrate
into local planning mechanisms and
elements.

Community
Development
Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.

Ongoing Planning HMGP / BRIC ,
Internal Funding ,
USBR
WaterSMART
High ps-DR-MF22, ps-DRMF-27
ma-GH-MF-11 Earthquake PE&A - Public
Education &
Awareness
Pending 2016 City of
McFarland
Encourage retrofit of single-family
homes including bolting
foundations, strengthening cripple
walls, and removing or
strengthening masonry chimneys.

Community
Development
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.

Ongoing 5% N/A Medium ps-EQ-MF35, ps-GHMF-18

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Mitigation No. Hazard Type
Mitigation
Type Status Year Primary Agency Title/Description
Responsible
Party Estimated Cost Estimated Benefit Time Frame
HMA
Activity Type
Potential Grant
Source Priority
Related
Problem
Statements
ma-GH-MF-12 Earthquake PPRO -
Property
Protection
Ongoing 2016 City of
McFarland
Conduct structural retrofit /
hardening of key City-owned critical
facilities and infrastructure from
earthquake hazards.

Community
Development
- Building
Division
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-5 years Project HMGP / BRIC Extreme ps-EQ-MF-39
ma-GH-MF-13 Earthquake PPRO -
Property
Protection
Pending 2016 City of
McFarland
Inventory high occupancy buildings
and critical facilities (e.g., churches,
clinics, hotels, and other gathering
spaces), and conduct targeted
outreach to connect property owners
with seismic mitigation resources.

Building
Division
Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Planning HMGP / BRIC ,
Internal Funding
Medium ps-EQ-MF35, ps-GHMF-18
ma-EQ-MF-26 Earthquake PPRO -
Property
Protection
Pending 2023 City of
McFarland
Establish a non-structural hazard
evaluation and risk reduction
program for city buildings and
departments housing critical
functions.

Public Works Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Planning HMGP / BRIC High ps-EQ-MF-39
ma-EQ-MF-27 Earthquake PPRO -
Property
Protection
Pending 2023 City of
McFarland
Seismic retrofitting and repairing
the Perkins Avenue and Sherwood
Avenue overpasses .

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Project HMGP / BRIC Extreme ps-EQ-MF-39
ma-EQ-MF-32 Earthquake SP -
Structural
Projects
Pending 2023 City of
McFarland
Upgrade local water system lines to
HDPE materials to provide seismic
resistance.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Project HMGP / BRIC Medium ps-GH-MF-20
ma-EH-MF-3 Extreme
Heat
PE&A - Public
Education &
Awareness
Pending 2016 City of
McFarland
Increase public awareness and
education surrounding the signs /
symptoms of heat related illness,
individual risk factors, treatment,
and preventative strategies.

Community
Development
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-5 years 5% N/A High ps-EH-MF30, ps-EHMF-32, psEH-MF-33, ps-EH-MF-34
ma-EH-MF-4 Extreme
Heat
PRV -
Prevention
Ongoing 2016 City of
McFarland
Develop a program to implement the
recommendations of the City's 2020
Urban Greening Plan to increase the
cover of shade trees and natural
surfaces throughout the City and
reduce the urban heat island effect.

Community
Development
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Project HMGP / BRIC High ps-DR-MF-21,
ps-EH-MF30, ps-EHMF-35
ma-EH-MF-29 Extreme
Heat
ES -
Emergency
Services
Pending 2023 City of
McFarland
Develop policies and procedures for
a City EOC activation during
extreme heat events, including
shelter & care options for heatsensitive populations such as Community
Development,
City Manager
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.

Ongoing Planning HMGP / BRIC High ps-AH-MF36, ps-EHMF-30, psEH-MF-32, ps-EH-MF-34

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Mitigation No. Hazard Type
Mitigation
Type Status Year Primary Agency Title/Description
Responsible
Party Estimated Cost Estimated Benefit Time Frame
HMA
Activity Type
Potential Grant
Source Priority
Related
Problem
Statements
seniors, children and outdoor
workers.
ma-FL-MF-6 Flood PE&A - Public
Education &
Awareness
Pending 2016 City of
McFarland
Increase residents' awareness of
local flooding hazards, encourage
purchase of flood insurance and
provide information for home
mitigation strategies.

Community
Development
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-5 years 5% Internal Funding High ps-FL-MF-6,
ps-FL-MF-9,
ps-FL-MF-12,
ps-FL-MF-13,
ps-SW-MF-3
ma-FL-MF-8 Flood SP -
Structural
Projects
Pending 2016 City of
McFarland
Implement local drainage
improvements as prioritized in the
City of McFarland 2015 Drainage
Master Plan, including packages of
projects identified for grant funding.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-5 years Project HMGP / BRIC Extreme ps-FL-MF-6,
ps-FL-MF-8,
ps-FL-MF-11,
ps-FL-MF-40,
ps-SW-MF-3
ma-FL-MF-9 Flood PPRO -
Property
Protection
Ongoing 2016 City of
McFarland
Continue collaboration with USACE
and regional partners in the
preparation of a regional study to
accurately map local flooding
hazards, incorporating the impacts
of climate change on heavy rain
events.

Public Works Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Planning HMGP / BRIC Extreme ps-AH-MF36, ps-FLMF-7, ps-FLMF-8, ps-FLMF-40 ma-FL-MF-24 Flood SP -
Structural
Projects
Pending 2023 City of
McFarland
Elevate and retrofit City-maintained
bridges and culverts to allow proper
stormwater and 100-YR flows.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
5-10 Years Project HMGP / BRIC ,
FMA
High ps-FL-MF-9,
ps-FL-MF-8,
ps-FL-MF-40
ma-FL-MF-25 Flood PRV -
Prevention
Pending 2023 City of
McFarland
Strengthen existing
code/ordinances pertaining to the
flood hazard, especially in the
context of future commercial
development in the newly annexed
area south of the City.

Community
Development
Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years 5% HMGP / BRIC ,
FMA
High ps-DR-MF27, ps-FLMF-10, psFL-MF-11
ma-FL-MF-28 Flood PRV -
Prevention
Pending 2023 City of
McFarland
Identify sites for the creation of new
stormwater basins and facilities to
accommodate population growth
and future development.

Public Works;
Community
Development
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Planning HMGP / BRIC ,
FMA
High ps-FL-MF-6,
ps-FL-MF-8,
ps-FL-MF-34

Kern Multi-Jurisdiction 2020 MJHMP Update

COUNTY OF KERN
1-59
Mitigation No. Hazard Type
Mitigation
Type Status Year Primary Agency Title/Description
Responsible
Party Estimated Cost Estimated Benefit Time Frame
HMA
Activity Type
Potential Grant
Source Priority
Related
Problem
Statements
ma-FL-MF-33 Flood SP -
Structural
Projects
Pending 2023 City of
McFarland
Collaborate with the McFarland
Unified School District to evaluate
structural flood mitigation strategies
and grant funding opportunities to
protect existing school facilities in
the 100- and 500-yr floodplain.

Community
Development
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.

Medium - Project will have a
long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years Planning HMGP / BRIC ,
FMA
Medium ps-FL-MF-15
ma-SW-MF-15 Severe
Weather
PPRO -
Property
Protection
Pending 2016 City of
McFarland
Build capacity and standard
procedures for debris removal from
local roadways and drainage
systems and following major storm
events.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.

Ongoing Planning HMGP / BRIC ,
Internal Funding
High ps-FL-MF-9,
ps-SW-MF-2
ma-SW-MF-16 Severe
Weather
PPRO -
Property
Protection
Ongoing 2016 City of
McFarland
Harden critical facilities to the
effects of severe storm events.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-5 years Project HMGP / BRIC Medium
ma-SW-MF-34 Severe
Weather
PPRO -
Property
Protection
Pending 2023 City of
McFarland
Prioritize upgrades to circulation
and road improvements along
evacuation routes, as identified in
the Safety element.

Public Works High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).

High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years Project HMGP / BRIC Extreme ps-SW-MF-4,
ps-SW-MF-3

Kern Multi-Jurisdiction 2020 MJHMP Update

COUNTY OF KERN
1-60

INTENTIONAL BLANK PAGE

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 11.

Section: CONSENT AGENDA
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-27 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND RATIFYING THE EMPLOYMENT

AGREEMENT WITH KENNY WILLIAMS FOR THE POSITION OF CITY

COUNCIL SPECIAL PROJECTS MANAGER/POLICE OVERSIGHT

ADVISOR
SUMMARY:

This staff report presents for open session ratification the approved employment agreement with Kenny Williams for the position of City Council Special Projects Manager/Police Oversight Advisor. This position was approved by the City Council in a closed session on February 22, 2024, and the agreement is set to commence on March 1, 2024. The creation of this role and the ratification of the agreement demonstrate the City of McFarland’s dedication to improving oversight and project management, particularly within the Police Department. This effort towards transparency and formal acknowledgment underpins our commitment to effective governance.

Employment Agreement Overview
The agreement with Kenny Williams sets forth terms for the newly established position, outlining responsibilities, compensation, benefits, and termination clauses. Serving at the will of the City Council, Williams’s role is pivotal for enhancing city operations and ensuring compliance with legal standards.

Key Agreement Details:

Effective Date: March 1, 2024.

Nature of Position: At-will, exempt from standard personnel rules.

Duties: Include but are not limited to emergency management, project oversight, policy development, and strategic planning to improve operational efficiency and legal compliance.

Term: Six months, with renewal options.

Salary: $150 per hour for up to 80 hours per month, with a total not to exceed $72,000 for the initial six months.

Benefits: Retirement contributions without health insurance, vacation, or sick leave benefits, reflecting the part-time status of the role.

Termination: Defined procedures for resignation, retirement, and termination with or without cause.

Position Description Summary

The City Council Special Project Manager/Police Oversight Advisor role is designed to enhance administrative oversight and efficiency, with a strong emphasis on legal compliance and operational effectiveness within city governance and the Police Department.

FINANCIAL IMPACT:

No financial impact is anticipated from the establishment of this position. The increased costs associated with this new role are expected to be offset by savings incurred through the appointment of the current City Manager, who is serving in a dual capacity as both City Manager and Finance Director. This strategic staffing arrangement allows for the efficient allocation of resources while maintaining the City’s commitment to operational excellence and fiscal responsibility.

RECOMMENDATION:

Staff recommends the City Council's ratification of Kenny Williams's employment agreement in open session to affirm our dedication to transparency, oversight, and effective city management. This action will formalize the establishment of the City Council Special Projects Manager/Police Oversight Advisor position and confirm the terms of Mr. Williams’s service to the City of McFarland.

ATTACHMENTS:

1. Kenny Williams Employment Agreement - Signed

2. City Council Special Project Manager Police Oversight Advisor Job Description

RESOLUTION NO. 2024-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND RATIFYING

THE EMPLOYMENT AGREEMENT WITH KENNY WILLIAMS FOR THE POSITION OF

CITY COUNCIL SPECIAL PROJECTS MANAGER/POLICE OVERSIGHT ADVISOR WHEREAS, the City Council of the City of McFarland recognizes the necessity of enhancing oversight and project management within the City, particularly in relation to the Police Department; and WHEREAS, the City Council, in a closed session on February 22, 2024, approved the creation of the position of City Council Special Projects Manager/Police Oversight Advisor to meet this need; and
WHEREAS, the City Council further approved an employment agreement with Kenny Williams to fill this position, commencing on March 1, 2024; and WHEREAS, the City Council is committed to transparency in its actions and desires to ratify this agreement in an open session to formalize the appointment of Kenny Williams to this important role; and
WHEREAS, no financial impact is anticipated from the establishment of this position, as the increased costs associated with this new role are expected to be offset by savings incurred through the strategic staffing arrangement of the current City Manager serving in a dual capacity as both City Manager and Finance Director;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The City Council hereby ratifies the employment agreement with Kenny Williams for the position of City Council Special Projects Manager/Police Oversight Advisor, as approved in the closed session on February 22, 2024, with the term commencing on March 1, 2024.

2. This resolution affirms the City Council's commitment to improving operational efficiency and legal compliance within city operations and the Police Department, ensuring the well-being and safety of the community of McFarland.

3. The City Council confirms that no financial impact is anticipated from the establishment of this position due to the expected offset of increased costs by savings from the current City Manager's dual role capacity.

4. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on March 14, 2024 by the following vote:

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

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

CITY OF MCFARLAND

CITY COUNCIL SPECIAL PROJECT MANAGER/POLICE OVERSIGHT ADVISOR Salary: DOE (EXEMPT)
POSITION SUMMARY:

The City Council Special Project Manager/Police Oversight Advisor (SPM/POA) will assist the city council with special projects and provide administrative advice and assistance regarding the Police Department. This position will provide an extra level of assurance in safeguarding the city from liability and assist with the formulation of processes that make the city operate more efficiently and effectively.

JOB DUTIES:

1. Will carry out the function of the Emergency Manager in the event of a non-law enforcement critical incident. All law enforcement critical incidents are managed by the chief of police. The SPM/POA will assist the chief of police on law enforcement critical incidents when requested by city council or the chief of police.

2. Performs highly responsible administrative work, conducting or providing project oversight for a variety of complex and sensitive assignments.

3. Prepares reports and correspondence to express objectives, findings, recommendations, and goals to the City Council, Committees, etc. as directed.

4. Ensures management related studies are prepared and administered to conform to all legal and specification requirements for deliverables, performed in a timely manner, written in a manner that protects the City against risk, are economically beneficial, and are consistent with industry standards.

5. Plans, and coordinates activities including writing specifications for projects and other specifically assigned functions.

6. Coordinates assignments with City Council for establishing priorities and schedules to ensure the outcomes and goals of council are achieved.

7. Coordinates the resolution of technical, procedural and operational problems; evaluating contractor performance; and specifying appropriate actions to be taken to correct deficiencies.

8. Handles highly classified and confidential matters including personnel investigations and other critical issues related to ensuring the ethical, moral and legal obligations of the city are upheld.

9. Assists in building a dynamic city environment that incorporates the concepts of effectiveness and efficiency.

10. Plans for future departmental growth, with regard to additional services and research programs relative to their specific application to the departments and community.

11. Reviews department operations, researches modern management methods, and formulates enforcement rules, procedures, and policies for efficient operation of the departments.

12. Attends county, regional, and State conferences, and meetings with other public officials as instructed by city council.

13. Investigates and determines proper courses of action on complaints.

14. Researches and recommends the adoption of new, or the deletion of old, ordinances for the overall benefit of the community.

15. Recommends the development and implementation of departmental in-service training programs.

16. When requested interviews and makes recommendations on the employment of new personnel.

17. When requested, makes recommendations on promotions, transfers, or dismissals.

18. Prepares special reports related to department operations.

19. Makes every reasonable effort to continually improve the manner in which the city operates to increase the quality of service to the public.

20. Updates the Lexipol policy manuals to ensure accurate procedures for the Police Department and the city.

21. Develops and implements the city’s strategic water plan and the city’s strategic beautification plan.

22. Continually progresses the mitigation efforts to elevate the McFarland flooding concerns of the Poso Creek tributary.

23. Leads the efforts in the planning, development, and construction, of the city’s new police department building.

24. Performs other related duties as requested.

MINIMUM QUALIFICATIONS:

Knowledge and abilities:

The SPM/POA will have the knowledge to conduct complex analysis and investigations, evaluating and providing recommendations that improve the current processes and methods of operations. Critically analyzes data and prepares reports and other documents that assists the city in maintaining their legal and ethical obligations to the community. Organizes multifaceted personnel investigations, creating processes and evaluations that ensure the fair and consistent application of accountability practices. Reads, interprets, and applies complex procedures, policies, rules, and regulations. Organizes and prioritizes assigned work. Prepares clear, accurate, and concise reports, correspondence, and other written materials. Maintains confidentiality.

Communicates tactfully, and effectively with employees and employee representatives. Uses initiative and makes sound and independent judgments within established goals and objectives.

Understands modern principles, practices, and techniques of police administration, organization, and operation, and their applicability to civic situations; of technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, juvenile delinquency control, record keeping, and care and custody of persons and property; of laws, ordinances, and regulations affecting the work of the Department; of principles of public administration, including personnel, administrative and budgetary control.

Understands the methodology of emergency management in critical incidents and ensures the development of processes that provide the community a critical incident action plan. Responds to critical incidents and oversees the deployment of resources and the coordination of resources of other agencies. Provides feedback and after-action plans that improve the overall effectiveness of critical incident responses and improves the community’s preparedness.

Licensing and Certificates:

Possess an appropriate California Driver's License with a driving record acceptable to the city.

Education and experience:

Bachelor’s degree in criminal justice, public administration, business administration, or a related field; master’s degree preferred.
• Minimum of 3 years of experience in municipal government. • Strong understanding of municipal operations, budgeting, and strategic planning. • Excellent communication, negotiation, and interpersonal skills. • Broad and extensive experience in all major phases of municipal police work • Minimum of fifteen years of California law enforcement experience. • Prior experience as a Chief of Police
• Possession of a California P.O.S.T. management certificate COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefits package including:
• Retirement: Deferred Compensation 401(k) -The City of McFarland contributes an additional 10%of an employee's pay each pay
period into a 401K plan, at no cost to the employee.
• Deferred Compensation 457 Plan (Optional)
• Section 125 plan participation
• 12 Days Holiday Pay

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 12.

Section: PUBLIC HEARINGS
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Final Public Hearing and consideration of Adoption 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 Saldana b. Open Public Hearing and Receive public testimony.
c. Motion to waive the reading of the Ordinance text in its entirety, read by title only and adopt 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.
d. Direct City Clerk to post Ordinance in designated posting location within fifteen days of its passage.
e. Direct Community Development Director to post Report Pursuant to Election Code 21130(f)
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 adoption of the final map.

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.

California Elections Code Section 10010 requires 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. The second hearing was held on February 22, 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.

On February 22, 2024 the City Council received the staff report and held a public hearing. At the close of the public hearing, the Council selected the Red Map as the preferred map and determined the sequence of elections, districts 2 and 4 holding elections in 2024 and districts 1 and 3 holding elections in 2026. The Council introduced Ordinance 003-2024 for first reading effectuating the selections.

Legal Compliance
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...”
Consequently, the final map conforms to the aforementioned laws and regulations. The proposed ordinance is proposed for adoption.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDATION:

Staff recommends City Council conduct final public hearing on the proposed distracting, waive full reading of the ordinance text and adopt Ordinance 003-2024.

ATTACHMENTS:

1. Attachment A Red Map

ORDINANCE NO.

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 Red Map (attached hereto as Attachment A) and putting the Council districts 2 and 4 on the 2024 ballot, and the Council districts 1 and 3 on the 2026 ballot; and WHEREAS, at the regular meeting of the City Council of the City of McFarland held on the 14th day of March 2024 the City Council held a final public hearing on the proposal to establish district

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 McFarland; 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.

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

Section 1. Code Amendment. Title 1 of the McFarland Municipal Code is hereby amended by adding Chapter 1.25 to 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 2 and 4 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 1 and 3 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.

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 3/14/2024 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 March 14, 2024.

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

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

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: PUBLIC HEARINGS
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Introduction and First Reading of Ordinance No. 007-2024 AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING
CHAPTER 19.040 RELATING TO COMMERCIAL CANNABIS RETAIL
PERMITS.
a. Staff Report: Community Development Director Paul Saldana b. Open Public Hearing and receive public testimony
c. Motion to waive the reading of Ordinance text in its entirety, read by Title only and Introduce Ordinance No. 007-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING
CHAPTER 19.040 RELATING TO COMMERCIAL CANNABIS RETAIL
PERMITS.
d. Schedule second reading for the next regularly scheduled Council meeting.

SUMMARY:

Section 19.04.110 provides for a Commercial Cannabis Business that can be located in a C-2 zone subject to a Development Agreement. However, section 19.04.040 does not identify the number of commercial cannabis permits operating under a retail Type 10 State License that are allowed in the City. The proposed amendment would provide that only one retail permit be allowed in the City until the City population reaches 30,000. Thereafter, an additional permit would be allowed for each 15,000 population. Consequently, the amendment provides clarity about the number of retail permits allowed to be permitted in the City.

On February 27, 2024 the Planning Commission held a public hearing regarding the proposed amendment and following the public hearing adopted Resolution 2024-0005 recommending the City Council adopt the proposed Ordinance limiting the number of licenses in the City of McFarland with findings that the proposed meets the criteria for a commonsense exemption pursuant to Sections 15061(b)(3) of the CEQA guidelines.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDATION:

City Council open public hearing and receive testimony; motion to waive reading of the Ordinance Text in its entirety, read by title only and introduce Ordinance 007-2024.

ATTACHMENTS:

None

ORDINANCE NO. 7-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND AMENDING CHAPTER 19.040 RELATING TO
COMMERCIAL CANNABIS RETAIL PERMITS.

Section 1. Recitals
WHEREAS, the City of McFarland (the “City”) desires to codify its Municipal Code Chapter related to permitted uses with the commercial cannabis activity ordinance; and WHEREAS, the City Council desires to amend Section 19.04.040 (d) to set standards for the number of Store Front Retail establishments in the City.

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

Section 1. Chapter 19.04.040(d) is hereby added and adopted to read as follows:
(d) The number of commercial cannabis permits authorizing the operation of a retail business requiring a Type-10 State License that may be active or valid in the City at any given time shall not exceed the following:
(i) one permit for population up to 30,000;
(ii) two permits for population between 30,001 and 45,000; (iii) one additional permit for every additional 15,000 in population, or fraction thereof.

Section 2. Notice. The City clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.

Section 4. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Section 5. Certification; Publication. The City Clerk shall certify 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 3/14/2024, 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 March 14, 2024.

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: PUBLIC HEARINGS
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Introduction and First Reading of Ordinance No.008-2024 AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING
CHAPTER 5.44 OF THE CITY OF MCFARLAND MUNICIPAL CODE
RELATING TO MOBILE FOOD VENDORS.
a. Staff Report: Community Development Director Paul Saldana b. Open Public Hearing and receive public testimony
c. Motion to waive the reading of Ordinance text in its entirety, read by Title only and Introduce Ordinance No. 008-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING
CHAPTER 5.44 OF THE CITY OF MCFARLAND MUNICIPAL CODE
RELATING TO MOBILE FOOD VENDORS.
d. Schedule a second reading for the next regularly scheduled Council meeting.

SUMMARY:

At the February 22. 2024 City Council meeting, the Council referred an item to staff to increase the number of taco trucks from two (2) to four (4). Section 5.44.020 of the Municipal Code provides for a total of ten (10) mobile food vendors and no more than two (2) taco trucks.

Currently all permits allowed under the code are allocated. Therefore, to accomplish the goal of increasing the number of taco trucks, the proposed Ordinance changes the overall number of mobile food vendors from ten (10) to twelve (12) and the total number of taco trucks from two (2) to four (4). Once the change goes into effect, the two new permits allowed under the Code will be reserved for taco trucks and new vendors will be able to apply for such permit.

FINANCIAL IMPACT:

Minimal fiscal impact resulting from additional licensing and permit fees.

RECOMMENDATION:

City Council open public hearing and receive testimony; motion to waive reading of the Ordinance Text in its entirety, read by title only and introduce Ordinance 008-2024.

ATTACHMENTS:

None

ORDINANCE NO. 8-2024

AN ORDINANCE OF THE CITY OF MCFARLAND REGARDING
VENDING FROM VEHICLES TO AMEND AND RESTATE TITLE 5,
CHAPTER 5.44, SECTION 5.44.020, MCFARLAND MUNICIPAL
CODE
Section 1. Recitals
WHEREAS, The City of McFarland (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to Vending from Vehicles; and
WHEREAS, The Ordinance Amendment updates the Municipal Code to codify the City’s requirements, procedures, and opportunities for residents seeking to obtain a permit for mobile vending; and WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Chapter 5.44 of the McFarland Municipal Code.

WHEREAS, Adoption of this Ordinance is in furtherance of the City’s goals and objectives while reducing the potentially negative impacts arising from incompatible Municipal Code Chapters.

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

Section 2. Section 5.44.020 B (1) of the McFarland Municipal Code is hereby amended and restated to read as follows:
“Twelve vendor permits are available for the mobile sales of any type of edible goods or beverages.” Section 3. Section 5.44.020 B (2) of the McFarland Municipal Code is hereby amended and restated to read as follows:
“No more than five mobile vending permits may be for ice cream vendors and no more than four mobile vending permits may be taco trucks.”
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 3/14/2024, 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 March 14, 2024.

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: PUBLIC HEARINGS
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Introduction and First Reading of Ordinance No.009-2024 AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING TITLE 2, CHAPTER 2.40 OF THE MUNICIPAL CODE RELATING TO THE
PLANNING COMMISSION.
a. Staff Report: Community Development Director Paul Saldana b. Open Public Hearing and receive public testimony
c. Motion to waive the reading of Ordinance text in its entirety, read by Title only and Introduce Ordinance No.009-2024 AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING
TITLE 2, CHAPTER 2.40 OF THE MUNICIPAL CODE RELATING TO THE PLANNING COMMISSION.
d. Schedule a second reading and adoption for the next regularly scheduled Council meeting.

SUMMARY:

On February 27, 2024 during Commission comments, the Planning Commission engaged in a conversation regarding the applicability and necessity of the role of the Planning Commission in the City of McFarland. While no vote was taken, several members indicated that their may be some value in eliminating the Planning Commission.

Government Code Section 65101 provides the authority for the City Council to establish a Planning Commission and set the membership, selection and responsibilities to the commission. The ordinance establishing the Planning Commission was adopted in 2016.

State statute does not require the City to establish a planning commission, but does require the City to provide for the following local planning functions, sometimes assigned to commissions and sometimes assigned to staff or a hybrid of the two:
• Prepare and update the City's General Plan
• Review the City's capital improvement program for concurrence with the General Plan • Implement the City's zoning and subdivision ordinance • Review development plans for conformance with zoning and development standards.

Agencies that operate without a Planning Commission have established a Zoning Administrator to conduct hearings on matters with the ability to appeal to the City Council, providing for public input into development projects while reserving the responsibility of the City Council to make final decisions regarding such projects.

The discussion of the Planning Commission was referred to the Public Policy & Finance Committee of the City Council on February 29, 2024. Following discussion of the Committee, the consensus of the Committee was to recommend the City Council consider replacing the Planning Commission with the role of Zoning Administrator.

The draft ordinance would amend Chapter 2.40 of the Municipal Code removing language referencing the Planning Commission and establishing the role of Zoning Administrator. The Ordinance also directs staff to initiate a change to the Municipal Code to conform chapters related to zoning and development to the new change.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDATION:

City Council open public hearing and receive testimony; motion to waive reading of the Ordinance Text in its entirety, read by title only and introduce Ordinance 009-2024.

ATTACHMENTS:

None

ORDINANCE NO. 9-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND AMENDING TITLE 2, CHAPTER 2.40 OF THE
MUNICIPAL CODE RELATING TO THE PLANNING COMMISSION.

Section 1. Recitals
WHEREAS, Government Code Section 65101 provides the authority for the City Council to establish a Planning Commission and set the membership, selection and responsibilities to the commission; and
WHEREAS, the City Council has received input from Planning Commission as to their role; and
WHEREAS, the Public Policy and Finance Committee of the City Council considered information discussed by the Planning Commission in addition to input of staff of the necessity of the Commission and the options available to fulfill planning responsibilities of the City; and WHEREAS, it is the desire of the City Council to transfer some roles currently under the responsibility of the Planning Commission and to reserve some responsibilities for the City Council; and
WHEREAS, the establishment of a Zoning Administrator will allow the City to fulfill its planning responsibilities while providing for public input into the planning process.

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

Section 1. Section 2.40 of the McFarland Municipal Code is hereby amended and restated to read as follows:

2.40.010 Zoning Administrator
A. Pursuant to State Government Code, there is hereby created and established in the City of McFarland the position of Zoning Administrator. The Community Development Director shall serve as the Zoning Administrator, however, the City Manager shall have the right to delegate the duties separately.

B. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in the Municipal Code that are identified as duties of the Zoning Administrator, Planning Director, Planning Commission or City Planner.

C. Meetings: The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct actions within the Zoning Administrator’s jurisdiction and setting timeframes for such meetings. All meetings shall conform to the Brown Act and be open to the public.

Section 2. All other portions of Chapter 2.40 - Planning Commission, are hereby revoked.

Section 3. The City Council directs the City Manager or designee to recommend changes to the Municipal Code to effectuate the change from a Planning Commission to Zoning Administrator.

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 , 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 March 14, 2024.

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: APPROVAL OF RESOLUTION NO 2024-26 OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND APPROVING FUNDS FROM THE GENERAL FUND

TO PURCHASE THE MATERIALS FOR THE COMPLETION OF THE

ASPHALT PROJECT TO PROVIDE ADDITIONAL PARKING AREA AT CITY HALL.

SUMMARY:

In December of 2023, Staff identified a potential hazardous situation at the driveway exit onto fourth street from city hall. In addition to the hazard, the city has been involved in an ongoing expansion project at the same location, which was reflecting negatively on the city. City Council approved the construction of a block wall east of City Hall to eliminate the hazard and improve the overall appearance of city hall. After the block wall was completed, the second phase of the project was enclosing the south end of 4th Street adjacent to the city hall yard, which is now nearing completion. The third phase of this project is the paving of the area east of the Police Department to allow for additional employee parking.

Currently, most city employees park their personal vehicles on the street in front of city hall.

Because city hall is located directly across from Kern Elementary School, the parking is congested and results in decreased parking for visitors to city hall. Because of the congestion, city employees often have to park across the street from city hall on the north side of Kern Avenue and navigate through traffic to cross Kern Avenue to reach city hall. This is exasperated by the increase in traffic during the morning rush hour when parents are dropping off their children at Kern Avenue School.

Adding to the complexity is the fact that City Hall does not have adequate parking for all cityowned vehicles. With the thefts of catalytic convertors from several city-owned vehicles at the animal control shelter and wastewater facility, staff now park all the animal control vehicles and wastewater vehicles at city hall during the evening hours and weekends. Because of the lack of available parking space, staff often have to double park vehicles or find other creative methods to ensure the vehicles are parked within the confines of the secure area of city hall parking.

To improve the overall parking spaces for visitors to city hall, provide for parking spaces for city employees and increase space within the city hall secure areas, staff would like to lay asphalt pavement in the newly enclosed area east of the Police Department. Fortunately, the city has recruited employees that have the knowledge, skills, and abilities to install the asphalt to the

enclosed area. Therefore, the only cost for the project would be the materials.

The city sought out three different estimates for supplying the materials and determined that Vulcan Materials Company was the least expensive company for securing the materials necessary for the asphalt project. Although Deer Creek Asphalt was the least expensive by volume, they do not provide delivery of the material. Staff determined that the rental of a large dump truck would increase the costs over the estimated amount provided by Vulcan Materials company.

FINANCIAL IMPACT:

To purchase and have the material delivered to city hall is estimated to be $27,000. The cost of miscellaneous tools, material, and equipment is $4,500, therefore the impact the general fund would be $31,500.

RECOMMENDATION:

Staff recommends the City Council approve Resolution No. 2024-26 approving funds from the general fund to purchase the materials for the completion of the asphalt project to provide additional parking area at city hall.

ATTACHMENTS:

1. Estimate-Deer Creek Asphalt $23,200

2. Estimate- Vulcan Matierals $26,761

3. Estimate - Granite Construction $28,874

RESOLUTION NO. 2024-26
A RESOLUTION NO 2024-26 OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

APPROVING FUNDS FROM THE GENERAL FUND TO PURCHASE THE MATERIALS

FOR THE COMPLETION OF THE ASPHALT PROJECT TO PROVIDE ADDITIONAL PARKING AREA AT CITY HALL.

WHEREAS, the City Council has already approved and passed a budget for the fiscal year 2023/24; and
WHEREAS, the City Council recognizes that the pavement to increase parking at city hall was not approved in the 2023/24 budget; and
WHEREAS, the City Council desires to increase parking space at city hall east of Police Department; and
WHEREAS, the City Council desires to have the project completed to allow for secure parking of city owned vehicles and employees vehicles; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) The City Council Authorizes the purchase of materials for increasing parking at city hall. 3) The City Council authorizes the allocation of funds in the amount of $31,500 for the purchase and delivery of asphalt and miscellaneous tools to increase parking at city hall. 4) The City Council authorizes the City Manager or his designee to take all action necessary, including the approval of and execution of documents necessary to complete the construction. 5) The City Clerk shall certify the passage and adoption of this resolution. 6) This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on March 14, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon

Anita Gonzalez
María T. Pérez

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

DCA Deer Creek Asphalt
File: Pricing
January 19, 2024 Plant Location: 27671 Avenue 120 Porterville, CA 93257 Office (559) 793-0903 Fax (559) 793-0902
SMARA Mine ID 91-54-0021
City of McFarland
401 W Kern Ave
McFarland, CA 93250
Phone 661-636-1321
Attention: Adam Cabrera [email protected]
Subject : City of McFarland cold mix
We are pleased to price the following materials for the above referenced project:

Description Quantity Unit Price
3/8 SC800 290+/- Ton (US) $80.00

Terms & Conditions:

1. All materials listed prices are project specific. Please give plenty of notice to produce material.

2. Material Price good till March 31, 2024.

3. All materials will be charged sales tax unless a resale certificate is on file.

4. Deer Creek Asphalt to receive a signed copy of this quote to confirm pricing.

5. All materials at Deer Creek Asphalt will meet contract specifications at our plant on date of pickup. If Buyer, or Owner, fails to inspect the materials at Seller’s place of business, then the materials shall be deemed to have met contract specifications.

6. Purchaser and Supplier will mutually agree upon dates for product delivery.

7. During hauling, trucks are to be scheduled into the plant to eliminate the possibility of standby.

8. Customer/Contractor is responsible for an accurate production schedule.

9. Within 30 days of quote, this quote may be accepted conditioned upon Purchaser being awarded this project by the Project Owner. The quote will then expire unless unconditionally accepted within ten days after the contract for the project is awarded to the Purchaser.

10. Seller is not obligated to sell materials unless an original of this quote has been signed by Customer and returned to Seller.

11. Terms of Payment. Supplier processes invoices every Friday and on the last day of the month. Invoices are due on the earlier of (a) 30 days from the mailing of the invoice or (b) 10 days from when Purchaser receives payment from Owner for materials covered by each invoice. Past due invoices will incur a finance charge computed by a periodic rate of 1.50% per month, which equates to an annual rate of 18%. In the event an attorney is employed for the collection of any amounts owing by Customer, Customer agrees to pay all attorney fees.

12. A 20-day Preliminary Notice will be mailed with each new order. This notice contains cost information and will be sent to all parties.

13. This quote is conditioned on Seller’s approval of Buyer’s credit.

If you have any questions or require additional information, please contact me @ 661-372-2228 .

Thank you for the opportunity to submit this bid proposal,

Patty Baker
Sales Representative Date::______________
Deer Creek Asphalt Project Number: ___________
[email protected] Accepted by: __________________

Attn:

Acct#:

ADAM CABRERA

CITY OF MCFARLAND
MC FARLAND, CA 93250
Quote Name:

Quote #:

Wednesday, February 14, 2024
Quote Created:

Date:

Quote Expiration:

Price Expiration:

Effective From:

Sales Rep :

BAKERSFIELD, CA 93311
Phone:

Fax :

Email:

Special Instructions:

POWER PATCH/ COLD MIX
**Please allow a minimum of 24-48 hours for submittal requests to be processed. **There is a 20 ton minimum for short loads.
** No Specifications have been submitted, or reviewed**

AGGREGATES
**All aggregates are subject to availability.
**Due to the natural effects of segregation and the effects of post-delivery handling, Vulcan Materials Company guarantees that its aggregate products will meet the specifications on our submittal AT THE POINT OF DELIVERY ONLY, prior to placement and when sampled in accordance with ASTM D75
**There is a 25 ton minimum for aggregate short loads.
** No Specifications have been submitted, or reviewed**

LOGISTICS
FUEL SURCHARGE - Rates base on $7 per gallon. Add 2.5% to rate for every $.25 per gallon over $7.

Diesel fuel average can be found at https://www.eia.gov/petroleum/gasdiesel/ Ton/Mile:

Haul rate is calculated to the specific location listed on quotation. If the address on this quote is not within close proximity to the project, respond with the correct address and a new freight rate will be quoted. Freight rate will change slightly to deliver to other locations on this job. Delivery quotes are based on maximum load per truck type. 6 hours per truck minimum charge on all day jobs and 8 hours on night jobs. Standing time will be charged at $2.11 per minute after 15 minutes at the job or plant for aggregates and sand, and 20 minutes for Asphalt. Trucking is subject to truck availability. Unless otherwise noted, the standard freight rate is for transfer trucks, please respond if you prefer something other than a transfer truck.

Quotation
401 W KERN ST / MCFARLAND
1240208
401 W KERN AVE / MCFARLAND
5177
Josh Durham
8517 PANAMA LN
559-351-7761
[email protected]
Friday, January 19, 2024
Wednesday, February 14, 2024
Thursday, March 14, 2024
Sunday, March 31, 2024
Product Name Product # Qty U/M
Haul
Rate
FOB
Plant

SAND & GRAVEL
Plant Delivered
SAN EMIDIO SAND & GRAVEL FILL SAND 31202 1 Tons $14.70 23.43 $38.13 Truck Type STD FRT RATE
SAN EMIDIO SAND & GRAVEL WASHED CONCRETE SAND 31822 1 Tons $19.70 23.43 $43.13 Truck Type STD FRT RATE
Product Name Product # Qty U/M
Haul
Rate
FOB
Plant

ASPHALT
Plant Delivered
BAKERSFIELD HMA COLD MIX 3/8 SC8 457301 290 Tons $77.00 15.28 $92.28 Truck Type STD FRT RATE
BAKERSFIELD HMA POWER PATCH TON 457302 1 Tons $140.00 15.28 $155.28

Truck Type STD FRT RATE
PLEASANTON HMA POWER PATCH TON 457302 1 Tons $140.00 58.25 $198.25 Truck Type STD FRT RATE
Other Charges
Environmental Fee -Agg & Asphalt at $10.00 / Load
Prices quoted above do not include any state or local sales and use tax, if any applies for this project.

Prices quoted are for shipments during normal daytime working hours unless other shipping hours are mutually agreed upon in writing by both parties.

This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. Please contact Sales prior to placing the order.

Accepted by:

Sales Representative:

Date:

Date:

We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure of serving your needs for this and future projects.

Prices are FOB your jobsite as stated above. Terms are Net 15 prox. Please note standard terms and conditions apply. (Subject to credit approval)

GENERAL TERMS AND CONDITIONS

PRICES AND TERMS
Prices are based on the terms and conditions set forth on page 1 of this Quotation, of which these General Terms and Conditions form a part, the terms and conditions stated in Customer’s Application for Business Credit, and, if applicable, any terms and conditions relating to the delivery or shipment of materials by truck, barge, vessel, rail or other means which are provided by Vulcan to Customer in addition to this Quotation (each, a “Vulcan Sales Document”, and collectively, the “Vulcan Sales Documents”). Prices are available only to the customer specifically named therein, and are only for the quantities mentioned in such Quotation or Sales Order plus or minus 10% of such quantities. A charge of 1.5% per month, (18% annum), will accrue on a daily basis from the date of invoice and will continue to accrue on a daily basis on any unpaid balance, both before and after judgment, until the date the balance is paid in full, or at the maximum amount permitted by law in which the sale occurred, whichever is less. However, the assessment of a finance charge on invoices paid in full by the payment due date will be waived. Quotation is offered for furnishing the total aggregate requirements for the project only. Customer’s contract with Vulcan regarding the sale by Vulcan to Customer of the materials listed in this Quotation is subject to the terms and conditions set forth in the Vulcan Sales Documents. Prices reflect Customer 's acceptance of materials at the quoted plant based upon gradation analysis performed and reported by Vulcan 's certified plant quality control personnel. Any penalties that result from in place sampling shall be the full responsibility of Customer.

THE TERMS AND CONDITIONS OF THE VULCAN SALES DOCUMENTS GOVERN THE RIGHTS AND OBLIGATIONS OF THE PARTIES If Customer has issued a purchase order for the materials quoted by Vulcan in this Quotation, this Quotation is not an acceptance of said purchase order, or any of its terms or conditions , which are hereby rejected. Any sale by Vulcan to Customer of the materials listed in this Quotation shall be subject to the terms and conditions set forth in the Vulcan Sales Documents, and Customer’s receipt or acceptance of said materials shall constitute acceptance of the offer that this Quotation constitutes. Any terms or conditions of a subsequent purchase order issued by Customer that are inconsistent with the terms and conditions of the Vulcan Sales Documents shall be null and void .

SHIPMENT AND DELIVERY
Unless a "delivered" price is quoted by Vulcan in the Vulcan Sales Documents, all prices are F.O.B. point of shipment from the locations designated. All taxes applicable to the sale or delivery of materials that are not paid directly by Customer will be added to the sales price, invoiced to and paid by Customer, unless Customer provides Vulcan with satisfactory evidence of exemption from same. Shipment will be in accordance with Customer’s reasonable instructions or, if none, then by whatever means Vulcan shall deem practicable. The quantities of material delivered to Customer shall be conclusively presumed to be the quantities shown on the tickets produced from a certified weigh scale at Vulcan’s quarry or sales yard .

CREDIT AND DEFAULT
Vulcan shall have no obligation to ship or deliver except upon its determination prior to each shipment or delivery that Customer is worthy of the credit to be extended and is not in default upon any obligation to Vulcan. Upon default, Customer agrees to pay all of Vulcan’s collection expenses, including attorneys’ fees.

INSURANCE
A Memorandum of Insurance containing current information regarding Vulcan’s insurance program is available at <https://marshdigital.marsh.com/marshconnect/viewMOI.action?clientId=632529479>.

EXCULPATORY PROVISIONS
Vulcan shall have no liability for delay or failure to make shipments, or delivery, as a result of strikes, labor problems, severe weather conditions, casualty, mechanical breakdown or other conditions beyond Vulcan’s reasonable control. In no event shall Vulcan be liable for any incidental or consequential damages. Vulcan’s liability and Customer’s exclusive remedy for any cause of action arising out of the provision of material quoted herein shall be the replacement of, or payment of the purchase price for, the materials which are the subject of this Quotation.

CHANGE OF TERMS
Vulcan may change the price and/or quantity upon 30 days’ notice to Customer. Vulcan shall also have right to change, modify or amend any other terms and conditions upon written notice of such change to customer. The effect of the change shall be as stated in the written notice and accepted by Customer upon placing of orders with seller following receipt of such notice .

APPLICABLE LAW
All orders are subject to acceptance by Vulcan at the headquarters of its West Division in Los Angeles, California, and the laws of the state in which the materials was shipped from shall apply to the sale of all materials subject hereto. In the event material is imported into the U .S., the law in the state in which the material was sold to the customer will prevail. All disputes regarding finance charges shall be governed by Alabama law.

LIMITED WARRANTY AND WARRANTY DISCLAIMER
Vulcan warrants for a period of one (1) year from date of delivery only that the material sold hereunder substantially complies with Vulcan’s specifications for said material or the specifications set forth in Vulcan’s quotation. VULCAN HEREBY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF THE MATERIAL SOLD HEREUNDER, OTHER THAN THE EXPRESS WARRANTY STATED ABOVE. In addition, except to the extent otherwise set forth in the specifications described above, Vulcan makes no warranty whatsoever with respect to specific gravity, absorption, whether the material is innocuous, non-deleterious, or non-reactive, or whether the material is in conformance with any plans, other specifications, regulations, ordinances, statutes, or other standards applicable to Customer’s job or to said material as used by Customer. VULCAN SHALL IN NO EVENT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE CAUSED BY NON-COMPLIANCE OF THE MATERIAL WITH SPECIFICATIONS, OR FOR ANY DEFECTS IN THE MATERIAL SOLD HEREUNDER.

Attn: ADAM CABRERA
Customer: MCFARLAND, CITY OF
Project Name: CITY OF MCFARLAND
Project Description:

Address: 205 West Kern Avenue
City, State, Zip: MCFARLAND CA 93250
Quote Number: MQ0036106_1
Quote Date: Jan 18, 2024
Bid Date: Oct 30, 2023
Agreement Expiration: Feb 29, 2024
Material Quotation
Material Descript ion (ID #) Est . Quant ity Unit s Price Freight Type Freight Price Plant Name 3/8"CMACOLDMIXSC3000 (1704) 290 TONS $80.00 TRANSFER $12.50 JAMES ROAD HOT PLANT 1947-ENVIRONMENTAL FEE EACH $15.00
Special Condit ions:

For Aggregates sold after the price will increase by per ton.

For Asphalt Concrete sold after the price will increase by per ton.

PLANT: Pricing is FOB the plant. Production is based on availability. Granite will do its best to meet customer's production requirements; however, Granite is not responsible for delays caused by mechanical difficulties or events outside our control.

MIX: Mixes are subject to change, the customer is responsible for ordering the correct mix for any given project, and obtaining any required owner approval. If a new mix is required to meet project specifications, the cost of the new mix design and any applicable plant testing will be the responsibility of the customer. Cost for a new CALTRANS mix starts at $25,000. This cost may be billed separately or distributed as a per ton addition to the asphalt price quoted.

ORDERS: Schedule orders at a minimum of 48 hours in advance. Customer orders must be received by Granite a minimum of three working days prior to delivery, and include mix design number, quantity, delivery address, contact person and phone number. Customer will be billed for all materials ordered whether shipped to customer or not.

OVERTIME/FIRE UP FEES/ENVIRONMENTAL FEES: Plant hours of operation are Monday through Friday, 8-hours per day, 5-days per week. The hours may be adjusted to accommodate the customer’s needs however changes to this schedule may result in Fire Up/Opening Fees, or Overtime Fees. Fire Up/Opening Fees and Overtime Fee charges will vary based on the project. If applicable, Environmental Fees are charged per load.

ORDER CANCELLATION: All cancellations must be received by Granite a minimum of 48 hours prior to the scheduled plant production start time. The customer may be held responsible for a cancellation fee for any plant and/or trucking charges associated with late order cancellation. All trucking charges associated with job cancellations will be the responsibility of the customer and may include up to an 8 hour per truck per day charge.

WEATHER RELATED: All orders will be placed on hold in the event of inclement weather and will not be shipped until released by the customer. Granite Construction Company will not be held responsible for scheduling issues due to inclement weather.

DELIVERY: All customers are encouraged to set up trucking on their own. Trucking is based on availability. Billing for trucking will be on an hourly basis unless otherwise specified, and will be subject to minimum charges. If the quote includes trucking, Granite is not responsible for the availability of trucking.

TRAVEL TIME, STANDBY TIME & HOURLY MINIMUMS: Charges, including travel time and subsistence, may apply if the trucking company must travel more than 90 miles to the plant site each day to begin loading material for a customer project, please check with your sales person to see if this applies.

Daily hourly minimums may apply and vary depending on the truck type and broker. In the event that per ton trucking rates are quoted the customer is responsible for any applicable standby charges assessed by the trucking company. Per ton trucking rates are based on a full load, transfer load capacity is 26 tons. Short loads may be subject to short load fees.

TRUCKING AVAILABILITY: Trucking is based on availability, schedule orders at a minimum of 24 hours in advance. If the project has high volume production requirements, the customer must convey the schedule to Granite at least ten working days prior to the project start date to help mitigate any trucking availability issues.

General Condit ions:

Prices quoted do not include sales tax.

This quote is limited to acceptance within 30 days from the bid date of this quotation after which time this quote is subject to review/revision.

Please contact your sales person before placing an order against this quote.

The offer to sell these materials is contigent upon customer completing and signing Granite's credit application and being approved for credit.

Additional terms and conditions are on page two of this quote.

Prices subject to change after Agreement Expiration date above.

Aggregate and Asphalt products are subject to Granite energy surcharge published on Granite website based on EIA diesel prices:
https://www.graniteconstruction.com/energy-surcharge and included in the Terms and Conditions.

B
y:AngelaMcAbee
Office: 661-387-7705
Cell: 661-331-3215
Email: [email protected]
Website: www.graniteconstruction.com
AcceptedBy: Sig
natureDate
PrintedName: Title: Phone: Email:

Terms and Conditions

1. MATERIAL/SPECIFICATION: All materials quoted (“Materials”) are subject to availability. Products delivered will meet specifications stated on this material quote (“MQ”) (or material submittal if provided) at the point and time of delivery (as delivery is indicated on the face page).

2. DELIVERY: If applicable, Material shall be delivered in accordance with a schedule mutually agreed upon by Purchaser and Seller. Any charges at the point of delivery for spotting, switching, handling, storage and/or other accessorial services, and demurrage, shall be additional charges and paid by Purchaser. Damages caused by Purchaser or Purchaser's trucker, plant standby time, job cancellation, and added surcharges will be the responsibility of Purchaser.

Title to Material and risk of loss shall pass to Purchaser upon delivery to Purchaser.

3. PRICE/TERMS OF PAYMENT: Purchaser shall pay Seller the amount set forth in the quote table together with applicable surcharges and fees. The environmental fee is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency but used to recover direct and indirect costs for Granite and its subsidiaries operations to be conducted in an environmentally sustainable manner. Payment shall be made in accordance with the payment terms contained in Seller’s Application for Credit and Account Agreement (the “Credit App”) executed by Purchaser in favor of Seller (by this reference incorporated herein) unless Material purchased C.O.D. Purchaser's failure to pay all amounts owed when due shall be deemed a material breach of this MQ and Seller may, in addition to any other rights it may have under law, at its option, (i) terminate this MQ or (ii) place future deliveries on a C.O.D. basis. The prices set forth in this MQ were premised upon fuel prices in effect as of December 27, 2021, as reported by the U.S.

Energy Information Administration (“EIA”) (https://www.eia.gov/petroleum/gasdiesel/) (“Original Energy Price”). To reflect current energy pricing, a energy surcharge (“Energy Surcharge”) shall be included on each invoice equal to the difference between (a) the energy prices reported by EIA on the fourth Monday of the calendar month preceding the invoice date (“Invoice Energy Price”) and (b) the Original Energy Price, multiplied by (a) 0.2 gallons/ton for aggregate; and/or (b) 2.25 gallons/ton for asphalt. For example, if the Invoice Energy Price has increased by $1.00/gallon over the Original Energy Price, the Energy Surcharge for aggregate will be $0.20/ton ($1.00 times .2) and the Energy Surcharge for asphalt will be $2.25/ton ($1.00 times 2.25). There will be no Energy Surcharge added to the Invoice Energy Price in a month if the Invoice Energy Price does not reflect an increase over the Original Energy Price.

4. ACCEPTANCE: This MQ is valid for thirty (30) days from the Bid Date unless otherwise stated in the Special Conditions of this MQ. The terms and conditions of this MQ may be accepted by the Purchaser only by one of the following alternatives performed within such thirty (30) day period: (i) Purchaser's execution and delivery to Seller of this MQ; or (ii) the Purchaser placing either a written or oral order for all or a portion of the Material quoted under this MQ or (iii) Seller's commencement of performance. This MQ can only be modified in writing when signed by Purchaser and Seller.

5. FORCE MAJEURE: Seller shall not be liable for failure delay in delivery by reason of any contingency or occurrence beyond Seller's reasonable control or which makes Seller’s performance commercially impractical. If such contingency or occurrence prevents Seller’s performance for a period of more than sixty (60) days, Purchaser shall have the right, upon seven (7) days written notice to Seller, to terminate this MQ.

6. INTEGRATED AGREEMENT: This MQ, together with the Credit Application (if executed by Purchaser), constitutes the entire agreement between Seller and Purchaser, and there are no understandings, agreements or representations, express or implied, either oral or written, not stated or identified in this MQ and the Credit App, if any. Any additional or different terms proposed either orally or in writing by Purchaser including those contained in Purchaser’s purchase order, delivery tickets or accompanying Purchaser’s performance are rejected and shall be of no force or effect unless expressly assented to in a separate writing by Seller.

7. WARRANTY: FOR A PERIOD NOT TO EXTEND BEYOND ONE YEAR FROM THE POINT AND TIME OF DELIVERY OF THE MATERIAL, SELLER WARRANTS THAT THE MATERIAL WILL CONFORM TO THE SPECIFICATIONS SET FORTH IN SECTION 1.

NO OTHER WARRANTIES OF ANY KIND ARE MADE BY SELLER AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. PURCHASER SHALL INDEMNIFY, DEFEND, AND HOLD

HARMLESS SELLER AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DAMAGES, LIABILITIES,

INTEREST, ACTUAL ATTORNEY'S FEES, COSTS AND EXPENSES OF ANY KIND AS A RESULT OF PURCHASER'S USE OF THE MATERIAL.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 17.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: March 14, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brian Knox, Chief of Police
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-29 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITY’S GENERAL FUND FOR THE UNSOLVED MAJOR CRIMES REWARD PROGRAM.

SUMMARY:

Introduction:

The issue of unsolved major crimes presents a significant challenge to law enforcement agencies and communities alike. Despite dedicated efforts by law enforcement personnel, certain cases remain unresolved, often due to a lack of crucial information or leads. To address this challenge and foster community involvement, Mayor Saul Ayon and Vice Mayor Ricardo Cano directed staff to develop a proposal for reward funds for unsolved major crimes, with community members, victims’ families, and other entities invited as partners and donors.

Background:

Unsolved major crimes not only pose a threat to public safety but also undermine trust in law enforcement agencies. In many instances, community members possess valuable information that could aid investigations, but they may be hesitant to come forward due to fear or lack of incentive. Reward funds have been successfully implemented in various jurisdictions as a means to encourage individuals to assist law enforcement in solving these cases.

Proposal:

The proposed reward fund aims to incentivize the public to provide information leading to the resolution of unsolved major crimes. Key components of the proposal include:

1. Establishment of a Reward Fund: The creation of a dedicated fund specifically allocated for rewards to individuals providing actionable information leading to the resolution of unsolved crimes.

2. Criteria for Eligibility: Clear criteria will be established to determine the eligibility for rewards, including:
• Relevance: The information provided must be directly related to the unsolved major crime under investigation.
• Significance: The information should be deemed significant and substantial in aiding law enforcement efforts to solve the case.
• Contribution: The information must result in tangible progress or a breakthrough in the investigation, such as the identification of suspects, recovery of crucial evidence, or the location of missing persons or property.

• Cooperation: Individuals providing information must fully cooperate with law enforcement authorities throughout the investigation and any subsequent legal proceedings.

3. Reward Amounts: The proposed reward amounts will vary depending on the severity and complexity of the crime, with higher rewards offered for cases of homicide, violent crimes, or those posing a significant threat to public safety.

4. Involvement of Community Members and Victims’ Families: Community members, victims’ families, and other concerned entities will be actively engaged as partners and donors in the establishment and maintenance of the reward fund.

5. Confidentiality and Protection: To ensure the confidentiality and protection of individuals providing information, the following measures will be implemented:
• Anonymous Tip Lines: Anonymous tip lines will be established to allow individuals to provide information without revealing their identities. • Secure Communication Channels: Secure communication channels, such as encrypted messaging platforms or dedicated hotlines, will be utilized to facilitate communication between tipsters and law enforcement authorities.
• Non-disclosure of Identities: Law enforcement agencies and reward fund administrators will refrain from disclosing the identities of individuals providing information, unless required by law or with the explicit consent of the tipster.

6. Oversight and Accountability: A designated committee or board, will be responsible for overseeing the administration of the reward fund, ensuring transparency, fairness, and accountability in reward disbursements.

Benefits:

Implementation of a reward fund for unsolved major crimes, with active involvement from community members, victims’ families, and other entities as partners and donors, offers several potential benefits, including:
• Increased public cooperation and engagement in crime-solving efforts. • Enhanced trust and collaboration between law enforcement agencies and communities. • Expedited resolution of unsolved cases, leading to justice for victims and closure for families.
• Deterrence of criminal activity through the perception of increased risk and likelihood of detection.

Conclusion:

The proposal for reward funds for unsolved major crimes, with active involvement from community members, victims’ families, and other entities as partners and donors, represents a collaborative and inclusive approach to addressing the challenges posed by unresolved cases.

FINANCIAL IMPACT:

If approved the impact to the general fund would be $10,000.

RECOMMENDATION:

Staff recommends the City Council approve Resolution No. 2024-29 approving funds from the general fund to create the unsolved major crime reward program and approving $10,000 from the general fund for the use by the program. This allocation is intended to support the program's development, including the creation of a formal policy outlining the guidelines for fund distribution. Following the Council's approval of the funding, staff will proceed with

developing these guidelines for the Council's further approval and the program's subsequent implementation.

ATTACHMENTS:

None

RESOLUTION NO. 2024-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITY’S GENERAL FUND FOR THE UNSOLVED MAJOR CRIMES REWARD PROGRAM.

WHEREAS, the City Council has already approved and passed a budget for the fiscal year 2023/24; and
WHEREAS, the 2023/24 budget did not allocate funds for the unsolved major crimes reward program; and
WHEREAS, the City Council recognizes that the creation of a unsolved major crimes reward program will help encourage assistance from the public and assist in solving unsolved crimes; and WHEREAS, the City Council recognizes reward funds have been successfully implemented in various jurisdictions as a means to encourage individuals to assist law enforcement in solving these cases; and
WHEREAS, the City Council recognizes the proposed reward funds aims to incentivize the public to provide information leading to the resolution of unsolved major crimes; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

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

2. The City Council Authorizes the creation of the unsolved major crimes reward program.

3. The City Council authorizes the allocation of funds in the amount of $10,000 for the unsolved major crimes reward program.

4. The City Council authorizes the Chief of police to take all action necessary to implement the unsolved major crimes reward program.

5. The City Clerk shall certify the passage and adoption of this resolution.

6. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on March 14, 2024 by the following vote:

Aye Nae Abstain Absent

Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

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