Agenda — Arvin City Council, January 25, 2022

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
(THIS MEETING WILL BE HELD VIA TELECONFERENCE ONLY)
TUESDAY JANUARY 25, 2022 6:00pm
(Regular Session will commence no earlier than 6:00pm. Closed Session will commence soon after Regular Session however, it is not open to the public.) The public may participate by calling:
1-669-900-9128
Meeting ID: 814 7122 3031#
To join the meeting from your computer, tablet or smartphone click on the following link:
https://us02web.zoom.us/j/81471223031
The meeting agendas are available at: https://www.arvin.org/AgendaCenter The city will accept comments on any items on the agenda, inclusive of closed session items, in writing, and in advance of the meeting, up until Monday, January 24, 2022 at 3:00pm. Comments may be mailed to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or emailed to [email protected]. In the subject line, please provide “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment) or “PUBLIC COMMENT NON-AGENDA ITEM”. All public comments will be provided to the City Council and may be read into the record or compiled as part of the record.

CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Mark S. Franetovich Councilmember
Donny Horton Councilmember
Susana Reyes Councilmember
******************************************
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. The City may request speakers to designate a spokesperson to provide public input on behalf of a group, based on the number of people requesting to speak and the business of the City.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – January 25, 2022

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of January 08, 2022 – January 21, 2022.

B. Approval of Payroll Register(s) of January 07, 2022 and January 21, 2022.

C. Approval of the Minutes of the Regular Meeting of January 11, 2022.

D. Approval of the Transfer and/or Assignment of the Development Agreement to 100 Sycamore LLC (Assignment and Assumption Agreement by and between Aaron Coppelson M.D. Inc. and 100 Sycamore LLC) E. Approval of A Resolution of the City Council of the City of Arvin Authorizing Bonus Payment for the Interim City Manager.

F. Approval of A Resolution of the City Council of the City of Arvin Authorizing Interim City Manager/City Manager as Authorized Delegate for Certain Public Employees’ Retirement System (PERS) Documents.

Staff recommends approval of the Consent Agenda.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Amending Article 8, by Adding and Enacting Chapter 8.33 – Public Camping, of the Arvin Municipal Code. (Interim City Manager / Finance Director)
Staff recommends the City Council consider introducing the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ Arvin City Council Meeting Agenda – January 25, 2022

Page 2 of 3 ends

B. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Amending and Restating Arvin Municipal Code 2.06.090, and 2.06.100 Concerning City Manager Authority Over Employees and Power of Appointment and Removal, and 2.06.150 Concerning Budget. (Interim City Manager / Finance Director)
Staff recommends the City Council consider introducing the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

5. ACTION ITEM(S)
A. Discussion and Possible Adoption of A Resolution of the City Council of the City of Arvin to Allow City Council Meetings to Be Held Remotely, Consistent with Assembly Bill 361 Recommendation. (Interim City Manager / Finance Director)
Staff recommends approval of the Resolution.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ B. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

6. STAFF REPORTS

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Arvin City Council Meeting Agenda – January 25, 2022

Page 3 of 3 ends

Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

B. PUBLIC EMPLOYMENT (Pursuant to Government Code, § 54957) Position: City Manager
C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (four potential cases)
D. Threats to Public Services or Facilities (Wastewater Treatment Facility) (Pursuant to Government Code, § 54957(a).)
Consultation with: City Engineer

9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated January 21, 2022.

Cecilia Vela, City Clerk
1/18/2022 12:49:12 PM Page 1 of 9
Payment Register
City of Arvin APPKT00016 - Check Run for APPKT00015
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1256
Vendor Number

ADRIAN HERNANDEZ
Total Vendor Amount
7,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 7,500.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date A.HERNANDEZ 11/22/21 A.HERNANDEZ - EDUCATION REIMBURSEMENT FY21-22 7,500.00 12/01/2021 0.00 12/01/2021 1009
Vendor Number

ARCPOINT LABS OF BAKERSFIELD
Total Vendor Amount

75.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 75.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1221077 ANTIGEN TEST- C.MOTLEY 75.00 12/04/2021 0.00 12/04/2021 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,395.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 7,395.74
Payable Number Description Payable Amount Payable Date Discount Amount Due Date SERVICE 11.18.51-12.15.21 SERVICE 11.18.51 - 12.15.21 7,395.74 12/31/2021 0.00 12/31/2021 1150
Vendor Number
AT&T
Total Vendor Amount
1,451.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 1,451.49
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 000017410343 9391059040 11.01.21 - 11.30.21 211.80 12/01/2021 0.00 12/01/2021 000017410574 9391060015 11.01.21 - 11.30.21 202.51 12/01/2021 0.00 12/01/2021 000017473651 9391033189 11.13.21 - 12.12.21 370.11 12/13/2021 0.00 12/13/2021 000017475414 9391056024 11.13.21 - 12.12.21 667.07 12/13/2021 0.00 12/13/2021 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
377.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 377.77
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 287251442687X12282021 PW + COVID CELL PHONES 11.23.21 - 12.22.21 377.77 12/22/2021 0.00 12/22/2021 1366
Vendor Number

BADGER DAYLIGHTING CORP
Total Vendor Amount
9,886.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 9,886.17
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2290769 CLEANED OUT STORM DRAINS 228 BEAR MTN 12.09.21 5,198.11 12/10/2021 0.00 12/10/2021 2291984 CLEANED OUT STORM DRAINS 228 BEAR MTN 12.10.21 4,688.06 12/14/2021 0.00 12/14/2021 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
264.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 264.56
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 57927 EV + PLUG IN WORKPLACE CAR SHARING- ACCEPTING BIDS12/31/2021 0.00 12/31/2021 264.56

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) 1/21/2022 10:23:57 AM Page 1 of 3
Payment Register
City of Arvin APPKT00017 - Check 39868 Isued to Incorrect Vendor 01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1077
Vendor Number

HIGH DESERT WIRELESS BROADBAND
Total Vendor Amount

0.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 39868 01/18/2022 -252.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date

0.00 0.00

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00017 - Check 39868 Isued to Incorrect Vendor 1/21/2022 10:23:57 AM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Voided Check -252.50 0 1 0.00
Packet Totals: 0 1 0.00 0.00

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00017 - Check 39868 Isued to Incorrect Vendor 1/21/2022 10:23:57 AM Page 3 of 3
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund 252.50
Packet Totals: 252.50

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00016 - Check Run for APPKT00015
1/18/2022 12:49:12 PM Page 2 of 9
1027
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV54
Total Vendor Amount
1,203.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 1,203.79
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3237238 21-22 12 MONTH SUBSCRIPTION RENEWAL 12.28.21 - 12.28.22 01/06/2022 0.00 01/06/2022 263.88 60804 CUP2021-201BMB LA INDIA BONITA MKT- OFF SALE ALCOH12/31/2021 0.00 12/31/2021 939.91 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
22,914.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 22,914.19
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 213480013808 MEDICAL INSURANCE 01.01.22 - 01.31.22 22,914.19 12/14/2021 0.00 12/14/2021 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
8,634.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 8,634.94
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 6891 UNIT 271 TORQUE CONV, SHIFT KIT, PISTON KIT 2,883.02 12/09/2021 0.00 12/09/2021 6918 UNIT 301 REPLACE REMAN TURBO, OIL SVC, 5,751.92 01/11/2022 0.00 01/11/2022 1183
Vendor Number

BRET BARKER
Total Vendor Amount
5,250.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 5,250.90
Payable Number Description Payable Amount Payable Date Discount Amount Due Date B.BARKER 11.02.21 COLLEGE TUITION REIMBURSEMENT FOR SUMMER 2021 5,250.90 12/01/2021 0.00 12/01/2021 1194
Vendor Number

BROADLUX INC
Total Vendor Amount
252.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 252.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date BR9I1732-88 O & M SERVICES OCT2021 252.50 12/01/2021 0.00 12/01/2021 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
645.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 645.32
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5193602-1210312 SUPPLEMENTAL INSURANCE DEC2021 645.32 12/26/2021 0.00 12/26/2021 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
187.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 187.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 162294 UNIT 203 BUS RADIO WILL NOT POWER ON 187.50 12/29/2021 0.00 12/29/2021 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

91.79 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 91.79
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 417952 MOUSE TRAPS FOR CITY YARD 4.32 12/16/2021 0.00 12/16/2021 419116 PARTS FOR SHOP HOSE REPAIRS 5.51 12/27/2021 0.00 12/27/2021 6772 SUPPLIES FOR SWINGSET DEMO AT DIGIORGIO PARK 15.34 12/10/2021 0.00 12/10/2021 6782 SUPPLIES FOR PLAYGROUND DEMO AT DIGIORGIO PARK 57.97 12/10/2021 0.00 12/10/2021 6956 TOOLS FOR THE SHOP 8.65 12/15/2021 0.00 12/15/2021

CONCENTRA OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA
Total Vendor Amount
108.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 108.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 73857207 DOT PHYSICAL CERT- K.PEFFER 108.00 12/22/2021 0.00 12/22/2021 1052
Vendor Number

CSJVRMA
Total Vendor Amount
106,931.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 106,931.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date RMA 2022-0190 2021/2022 3RD QUARTER DEPOSITS 106,931.00 12/17/2021 0.00 12/17/2021 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
54,383.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 50,000.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30191 AGREEMENT BLOCK RETAINER - $50,000 BLOCK PURCHASE12/22/2021 0.00 12/22/2021 50,000.00 Check 01/18/2022 4,383.76
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30825153 DELL PWREDGE SERV LIC/EQUIP 13 OPTIPLX WS 01/07/22 01/07/2022 0.00 01/07/2022 4,383.76 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,070.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 1,070.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0022 12/21/22 FLEET WASH 21 X $20 420.00 12/21/2021 0.00 12/21/2021 INV0023 01/04/22 FLEET WASH 20 X $20 400.00 01/04/2022 0.00 01/04/2022 INV0025 BUS WASH 5 X $40 01.10.22 250.00 01/10/2022 0.00 01/10/2022 1363
Vendor Number

GANONG LAW TRUST ACCOUNT
Total Vendor Amount
60,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 60,000.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date SETTLEMENT 2 OF 2 SETTLEMENT 2 OF 2 60,000.00 01/10/2022 0.00 01/10/2022 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,588.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 7,588.85
Payable Number Description Payable Amount Payable Date Discount Amount Due Date GROUP ID 00 473727 JAN2022BUNDLE INSURANCE JAN2022 7,588.85 12/20/2021 0.00 12/20/2021 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 200.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 4413 ARVIN PD REPLACE WATER DIAPHRAM ON TOILET 200.00 01/10/2022 0.00 01/10/2022 1077
Vendor Number

HIGH DESERT WIRELESS BROADBAND
Total Vendor Amount
252.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 252.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date BR9I1732-89 O & M SERVICES DEC2021 252.50 12/01/2021 0.00 12/01/2021

JIM BURKE FORD
Total Vendor Amount
405.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 405.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 211158-A UNIT 265 CORRECTED INV BALANCE DUE 405.00 12/01/2021 0.00 12/01/2021 1246
Vendor Number

JIMS TOWING SERVICES INC
Total Vendor Amount
375.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 375.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 21179 UNIT 207 TOWED FRM COMANCHE & SUNSET TO PLUMTREE12/23/2021 0.00 12/23/2021 375.00 1324
Vendor Number

JON PAUL JAVELLANA
Total Vendor Amount
584.67
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 584.67
Payable Number Description Payable Amount Payable Date Discount Amount Due Date J.P.JAVELLANA 12/29/21 REIMBURSE UNIFORMS- JACKET, SHIRT, TROUSERS, BOOTS12/29/2021 0.00 12/29/2021 584.67 1249
Vendor Number

JOSE GARCIA JR
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 300.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 01/08/22 CLASSROOM AND BEHIND THE WHEEL TRAINING 300.00 01/08/2022 0.00 01/08/2022 1092
Vendor Number

KERN PRINT SERVICES
Total Vendor Amount
193.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 193.01
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 47819 5578 CONTACT CARDS INDEX 5X3 193.01 12/01/2021 0.00 12/01/2021 1359
Vendor Number

LA UNIFORM AND TAILORING
Total Vendor Amount
683.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 683.22
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 11146 A.GHAZALPOUR UNIFORMS- SHIRTS,PATHCES, VEST, BOOTS12/20/2021 0.00 12/20/2021 683.22 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
1,547.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 1,547.30
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV549373 A.GHAZALPOUR- PATCHES, NAMETAPE VELCRO 73.61 12/06/2021 0.00 12/06/2021 INV550840 D.REYES- BODY ARMOR VEST 275.00 12/10/2021 0.00 12/10/2021 INV552049 B.SNYDER- BALLISTIC VEST- CUSTOM 1,198.69 12/15/2021 0.00 12/15/2021 1168
Vendor Number
LOWES
Total Vendor Amount
135.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 135.25
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 901319 EXTENSION CORD CITY HALL 50FT 10/3 121.35 01/01/2022 0.00 01/01/2022 902636 CEMENT VOLLEYBALL POLE FELICITA PARK 13.90 01/01/2022 0.00 01/01/2022

MADLAND TOYOTA LIFT INC
Total Vendor Amount
3,005.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 3,005.74
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 64128783 UNIT 110 LEFT FRONT WHEEL BEARING 898.47 12/02/2021 0.00 12/02/2021 64128919 UNIT 110 REPLACE BELT TENSIONER 663.00 12/17/2021 0.00 12/17/2021 64605118 UNIT 205EV REPLACE RIGHT FRONT AIRBAG 600.00 12/07/2021 0.00 12/07/2021 64605121 UNIT 205EV REPLACE AIR BAG 642.90 12/09/2021 0.00 12/09/2021 650000159 ORDERED- PANCAKE COMPRESSOR, MISC HARDWARE 201.37 12/01/2021 0.00 12/01/2021 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
472,918.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 166.94
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 648999 LANDFILL FEES JANUARY 2022 166.94 12/31/2021 0.00 12/31/2021 Check 01/18/2022 472,751.32
Payable Number Description Payable Amount Payable Date Discount Amount Due Date CTY OF KERN PASSTHRU 06/21-12/21 PASS THRU PYMTS RECD BY CITY VIA PRPTY TAX- REFUSE 01/13/2022 0.00 01/13/2022 472,751.32 1161
Vendor Number

MUNICODE
Total Vendor Amount
2,338.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 2,338.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 00368165 117 PDF SUPPLEMNT PGS, ELECTRONIC IMAGES, UPDATES12/16/2021 0.00 12/16/2021 2,338.00 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
225.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 225.17
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 4451-188086 TIRE SEALANT FOR MOWERS- UNIT 316 PLUG LIGHT TRLR 12/01/2021 0.00 12/01/2021 93.07 4451-188182 UNIT 316 SUPPLIES TO TREPAIR TRAILR LGHT CONNECTOR12/01/2021 0.00 12/01/2021 17.51 4451-188486 UNIT 316 AIR FILTER, FUEL FILTER, RENT TEST EQUIP 233.06 12/01/2021 0.00 12/01/2021 4451-188715 UNIT 316 AIR CNTRL VALVE AND CARB CLEANER 82.85 12/02/2021 0.00 12/02/2021 CM4451-188650 UNIT 316 RETURN RENT EQUIP -201.32 12/02/2021 0.00 12/02/2021 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
135.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 135.41
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 29601 BOBCAT TIRE LEAK REPAIRS 135.41 12/10/2021 0.00 12/10/2021 1108
Vendor Number
PG & E
Total Vendor Amount
12,194.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 12,194.77
Payable Number Description Payable Amount Payable Date Discount Amount Due Date ELECTRIC SVC 11.16.21-12.15.21ELECTRIC SVC 11.16.21-12.15.21 12,194.77 01/10/2022 0.00 01/10/2022 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
13,887.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 13,887.23
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 111725 SDP2021- 14441 SYCAMORE ROAD 1,300.00 12/20/2021 0.00 12/20/2021 111726 CUP2021-201 BEAR MTN BLVD 1,716.00 12/20/2021 0.00 12/20/2021

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00016 - Check Run for APPKT00015
1/18/2022 12:49:12 PM Page 6 of 9
111803 ON CALL PLANNING SVCS 11.14.21 - 12.11.21 10,871.23 12/21/2021 0.00 12/21/2021 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
1,514.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 1,514.98
Payable Number Description Payable Amount Payable Date Discount Amount Due Date SERVICES 11.27.21 - 12.28.21 SERVICES 11.27.21 - 12.28.21 1,514.98 12/30/2021 0.00 12/30/2021 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
394.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 394.02
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 064070101010222 200 CAMPUS SVC 01.01.22 - 01.31.22 285.03 01/02/2022 0.00 01/02/2022 069794801123021 PUBLIC WORKS SVC 12.29.21 - 01.28.22 108.99 12/30/2021 0.00 12/30/2021 1129
Vendor Number

SUN RIDGE SYSTEMS
Total Vendor Amount
15,215.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 15,215.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 6719 RIMS ANNUAL SUPPORT SVC 11.06.21 - 11.05.22 15,215.00 01/03/2022 0.00 01/03/2022 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 55.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 763751 ADOBE COMPLX FIRE MONITORING JAN2022 55.00 01/01/2022 0.00 01/01/2022 1179
Vendor Number

THE PUN GROUP LLP
Total Vendor Amount
10,591.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 10,591.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 113186 PROGRESS BILLING #3- AUDIT FY20-21 10,591.00 12/31/2021 0.00 12/31/2021 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
5,200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 5,200.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 025-359467 PERSNNL MGMT- PARALLEL PAYROLL 11.15.21 - 11.20.21 12/01/2021 0.00 12/01/2021 4,420.00 025-360129 PERSNNL MGMT- PARALLEL PAYROLL 11.22.21 - 11.30.21 12/08/2021 0.00 12/08/2021 780.00 1151
Vendor Number

US POSTAL SERVICE
Total Vendor Amount
350.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 350.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date PO BOX 156 ANNUAL FEE 12MNTHS 12 MO. RENEWAL-PO BOX #156 350.00 01/03/2022 0.00 01/03/2022 1135
Vendor Number

VEOLIA WATER NORTH AMERICA
Total Vendor Amount
182,297.51
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 182,297.51
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 90292223 APP#1 ARVIN EMERG ORBITAL & OXIDATION DITCH REPAIR12/01/2021 0.00 12/01/2021 182,297.51

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
169,052.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 169,052.25
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 90299837 O & M WASTEWATER NOV2021 169,052.25 12/14/2021 0.00 12/14/2021 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
2,890.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 2,890.70
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9895918885 11.26.21 - 12.25.21 CELL PHONES ARVIN PD 2,890.70 12/25/2021 0.00 12/25/2021 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
646.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 646.17
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9895918886 11.26.21 - 12.25.21 AIR CARDS ARVIN PD 646.17 12/25/2021 0.00 12/25/2021 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 576.40
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9896118405 11.29.21 - 12.28.21 TRANSIT 576.40 12/28/2021 0.00 12/28/2021 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/18/2022 110.88
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5018218889 COPIER LEASE COMM DEV - 12.21.21 - 01.20.22 110.88 12/23/2021 0.00 12/23/2021

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00016 - Check Run for APPKT00015
1/18/2022 12:49:12 PM Page 8 of 9
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 1,194,487.71 80 53 0.00
Packet Totals: 80 53 0.00 1,194,487.71

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.) Payment Register APPKT00016 - Check Run for APPKT00015
1/18/2022 12:49:12 PM Page 9 of 9
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -1,194,487.71
Packet Totals: -1,194,487.71

3.A.1
Attachment: Demand Register(s) of January 08, 2022 - January 21, 2022 (Demand Register(s) of January 08, 2022 - January 21, 2022.)

3.B.1
Attachment: Payroll Register January 07, 2022 (Payroll Register(s) of January 7, 2022 and January 21, 1/20/2022 11:12:03 AM Page 1 of 3
Detail Register
City of Arvin Payroll Summary
Total Direct Deposits: 110,960.25
Total Check Amounts: 0.00 56
18 38
Packet: PYPKT00062 - Payroll 1/21/22
Payroll Set: 01 - Payroll Set 01
Pay Period: 01/04/2022 - 01/17/2022
Total Employees:

Females Paid:

Males Paid:

3.B.2
Attachment: Payroll Register January 21, 2022 (Payroll Register(s) of January 7, 2022 and January 21, 2022.) 1/20/2022 11:12:03 AM Page 2 of 3
Pay Code Units Pay Amount

EARNINGS
1X 302.95 14,380.77
2X 6.00 512.44
Auto ALLOW 0.00 200.00
BILINGUAL 0.00 1,176.89
CELL ALLOW 0.00 75.00
DEGREE 0.00 392.33
DIFFL 156.00 202.80
FICA 0.00 721.17
FTO 161.50 465.87
HOL 352.00 11,060.45
HP1X 88.00 4,007.65
HP3X 41.00 3,601.89
INSUR 0.00 1,825.74
LONG 0.00 3,206.84
PBD 22.84 527.56
PBD3 13.11 337.27
POST 0.00 932.24
REG 3,139.01 91,704.81
SALARY 76.00 5,738.84
SHOEA 0.00 125.00
SICK 284.53 8,092.04
SS Only 0.00 126.51
TUPGR-NP 240.00 512.16
UAPEP 0.00 250.00
Vacation 270.50 8,648.48
VACCO 80.00 2,924.00
Total: 5,233.44 161,748.75
Code Subject To Employee Employer

DEDUCTIONS
457K-Flat 0.00 475.00 0.00
457LO 0.00 441.01 0.00
AFLAC 0.00 20.49 0.00
ALLST 0.00 108.73 0.00
APOA Dues 0.00 360.00 0.00
BLUE 0.00 748.50 4,306.74
COLONIAL-AT 0.00 162.56 0.00
COPRE 0.00 160.10 0.00
DUES-COPE 0.00 12.00 0.00
GARNISHMENT 0.00 804.45 0.00
GUARD1 0.00 608.18 0.00
GUARD2 0.00 589.74 90.64
KAISR 0.00 1,122.00 7,795.45
PERS2 20,067.91 1,404.75 0.00
PERS2 ER CLASSIC 27,966.06 0.00 2,891.69
PERS2D-EE/ER-CLASSIC 5,221.66 0.00 365.52
PERS3-EE/ER SAFETY 15,111.06 0.00 1,057.77
PERS3-ER-SAFETY 15,357.22 0.00 2,274.41
PERS5 CLASSIC 1,999.55 10.00 0.00
PERS5E-EE/ER CL 1,999.55 0.00 129.97
PERS6 PEPRA 43,196.03 2,915.73 0.00
PERS6-ER-PEPRA 43,196.03 0.00 3,278.60
PERS8 ER SAFETY 46,842.85 0.00 5,213.59
PERS8-SAFETY 46,842.85 4,684.27 0.00
PERS-CL DED 0.00 0.00 923.10
SEIU Dues 0.00 753.38 0.00
Total: 15,380.89 28,327.48
Pay Code Units Pay Amount

BENEFITS
COMP 67.88 75.63
PERS-Classic 15.00 923.10
Uniform Classic 6.00 60.52
Total: 88.88 1,059.25
Code Subject To Employee Employer
TAXES
Federal W/H 148,790.98 15,185.41 0.00
MC 158,280.73 2,295.07 2,295.07
SDI 157,805.73 1,893.68 0.00
SS 158,280.73 9,813.40 9,813.40
State W/H 148,790.98 6,220.05 0.00
Unemployment 159,851.07 0.00 0.00
Total: 35,407.61 12,108.47
Earnings: 161,748.75 Benefits: 1,059.25 Deductions: 15,380.89 Taxes: 35,407.61 Net Pay: 110,960.25 RECAP 01 - Payroll Set 01

3.B.2
Attachment: Payroll Register January 21, 2022 (Payroll Register(s) of January 7, 2022 and January 21, 2022.) Arvin City Council Meeting Minutes – January 11, 2022

Page 1 of 3 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 11, 2022
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present; MPT Franetovich arrived late during Item 5; and CM Reyes arrived late during Item 1.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Borreli Vote 4-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of December 11, 2021 – January 07, 2022.

B. Approval of Payroll Register(s) of December 24, 2021.

C. Approval of the Minutes of the Regular Meeting of December 14, 2021.

Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 3A – 3C.

Motion CM Reyes Second CM Horton Vote 4-0

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 11, 2022 (Minutes of the Regular Meeting of January 11, 2022.) Arvin City Council Meeting Minutes – January 11, 2022

Page 2 of 3 ends

4. ACTION ITEM(S)
A. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic.

Staff recommends to discuss and take action as appropriate.

No motion and no action taken on above Action Item 4A.

5. ELECTION OF VICE MAYOR
Mayor Olivia Trujillo nominated Councilmember Daniel Borreli.

Councilmember Donny Horton nominated Councilmember Daniel Borreli.

Vote 5-0
New Mayor Pro Tem (Vice Mayor) is Daniel Borreli.

6. DISCUSSION ITEM(S)
A. Report from Ad Hoc Committee on Personnel (Mayor Trujillo)

7. STAFF REPORTS
A. Monthly Financial Report – November 2021 Revenue and Expense Report (Interim City Manager/Finance Director)
B. Fiscal Year 2020-2021 Impact Fees Report (Interim City Manager/Finance Director)
C. Transit Recap Fiscal Year 2020-2021 (Interim City Manager/Finance Director) D. Update Regarding Approved Cannabis Projects and Road Projects (Interim City Manager/Finance Director)

8. COUNCIL MEMBER COMMENTS

9. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel; Presentation by Arvin Police Chief or Arvin Assistant Police Chief.

B. PUBLIC EMPLOYMENT (Pursuant to Government Code, § 54957) Position: City Manager

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 11, 2022 (Minutes of the Regular Meeting of January 11, 2022.) Arvin City Council Meeting Minutes – January 11, 2022

Page 3 of 3 ends

C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (three potential cases)
D. Threats to Public Services or Facilities (Wastewater Treatment Facility) (Pursuant to Government Code, § 54957(a).)
Consultation with: City Engineer
E. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Tammi Fabelina - AIMs File No. FR99987; RMA Claim No. 20243.

Against: City of Arvin
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. The City Council provided direction to Staff regarding a potential anti-camping ordinance.
9B. The City Council provided direction to the City Attorney regarding a potential ordinance and a potential resolution.
9C. The City Council was provided with an update by the City Attorney. No reportable action was taken regarding two of potential litigation matters. The City Council provided direction to the City Attorney regarding the third matter. 9D. No reportable action.
9E. The City Council partially approved the claim. Councilmember Borreli recused himself from the discussion and vote for this Closed Session item 9E.

10.ADJOURNED @ 8:08PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 11, 2022 (Minutes of the Regular Meeting of January 11, 2022.)

3.D.1
Attachment: Staff Report and Assignment and Assumption Agmt Aaron Coppelson 100 Sycamore LLC_012522 (Assignment and Assumption

CITY OF ARVIN
Staff Report
Meeting Date: January 25, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN, CALIFORNIA,

AUTHORIZING BONUS PAYMENT TO THE INTERIM CITY MANAGER
BACKGROUND:

Effective June 1, 2021, the City Council entered into an Interim City Manager Employment Agreement with Jones whereby it was agreed that Jones would serve as Interim City Manager while also continuing to serve as Finance Director until the City appointed a permanent City Manager. When entering into the agreement, Council believed that a City Manager would be hired within four (4) months.

Recruitment for the City Manager position has now taken significantly longer than expected and, currently is in a holding pattern. Accordingly, Mr. Jones has filled the position of Interim City Manager and Finance Director significantly longer than Council expected. Due to the length of time, and the salary set in the above referenced agreement, the City has had considerable costs savings estimated in the amount of at least $150,000.

According to Arvin Municipal Code Section 2.06.060 - Compensation, the City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and the compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. The City Council has determined that Mr. Jones has met or exceeded expectations since his appointment as Interim City Manager and is therefore eligible for a performance based incentive bonus.

STAFF RECOMMENDATION:

Staff recommends that Council approve the Resolution authorizing an incentive bonus payment to the Interim City Manager.

FINANCIAL IMPACT:
$20,000.00. However, this amount is entirely offset due to the costs savings the City has obtained based on Mr. Jones filling both the position of Finance Director and Interim City Manager.

ATTACHMENTS:

Resolution

3.E.1
Attachment: Staff Report - Interim City Manager Incentive Bonus_012522 (Incentive Bonus for Interim City Manager)

Page 1 of 2 ends

Reso Authorizing Bonus Payment to Interim City Manager.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,

CALIFORNIA, AUTHORIZING BONUS PAYMENT TO THE INTERIM

CITY MANAGER
WHEREAS, effective June 1, 2021, the City Council entered into an Interim City Manager Employment Agreement with Jones whereby it was agreed that Jones would serve as Interim City Manager until the City appointed a permanent City Manager; and WHEREAS, according to Arvin Municipal Code Section 2.06.060 - Compensation, the City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and the compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate; and WHEREAS, pursuant to the Interim City Manager Employment Agreement, the parties agreed to the following compensation and benefits, which are fully set forth in the Agreement:
• sixty-six dollars and four cents ($66.04) per hour for no more than forty (40) hours per week;
• All premiums for Employee and Employee’s eligible dependents for health, dental and vision insurance benefits
• $400 per month vehicle allowance;
• Increased accrual limit for Paid Time Off;
• Automatic accrual of 27.61 hours of Paid Time Off Mr. Jones did not accrue due to his current Paid Time Off cap being met;
• Expense reimbursement;
• $150 per month cell phone allowance; and
• Payment of City’s share and Mr. Jones’s share of the payment due to PERS.

WHEREAS, the City Council has determined that the Interim City Manager has met or exceeded expectations since his appointment as Interim City Manager and is therefore eligible for a performance based incentive bonus; and
WHEREAS, as serving as both Interim City Manager and Finance Director, there has been approximately $150,000 in salary savings accrued to the general fund of the City as a result of Jones serving in both roles

NOW THEREFORE, be it resolved by the City Council of the City of Arvin as follows:

1. The recitals above are true and correct and incorporated herein by this reference.

2. Jones is hereby awarded a fourteen and fifty-six hundredths’ percent (14.56%) performance-based bonus totaling $20,000.00 for the period of June 1, 2021 to January 25, 2022. This performance-based bonus shall be provided as a lump sum payment and shall not be added to the City Manager’s base salary.

3. The City Clerk shall certify as to the adoption of this Resolution.

3.E.2
Attachment: Reso - Interim City Manager Incentive Bonus_012522 (Incentive Bonus for Interim City Manager)

Page 2 of 2 ends

Reso Authorizing Bonus Payment to Interim City Manager.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting held on the 25 th day of January 2022, by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

3.E.2
Attachment: Reso - Interim City Manager Incentive Bonus_012522 (Incentive Bonus for Interim City Manager)

Page 1 of 2 ends

Reso Authorizing Interim City Manager as Authorized Delegate - PERS RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING INTERIM CITY MANAGER/CITY MANAGER AS
AUTHORIZED DELEGATE FOR CERTAIN PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (PERS) DOCUMENTS.

WHEREAS, the City of Arvin (herein referred to as Agency) is a contracting agency of the California Public Employees’ Retirement System
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is "industrial" within the meaning of such Law:

WHEREAS, The City of Arvin City Council has determined upon legal advice that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent of the office/position of Interim City Manager/City Manager.

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin as follows:

That the City of Arvin City Council does hereby delegate to the incumbent of the office/position of Interim City Manager/City Manager authority to make any application on behalf of the Agency pursuant to Government Code section 21152 (c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability;
BE IT FURTHER RESOLVED that City of Arvin City Council does hereby delegate to the incumbent of the office/position of Interim City Manager/City Manager authority to make determinations of disability on behalf of the Agency under Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System. //////
//////
//////
//////
//////
//////
//////
//////

Page 2 of 2 ends

Reso Authorizing Interim City Manager as Authorized Delegate - PERS I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25 th day of January 2022 by
the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

CITY OF ARVIN
Staff Report
Meeting Date: January 25, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager / Finance Director SUBJECT: AN ORDINANCE OF THE CITY OF ARVIN AMENDING ARTICLE 8, BY ADDING AND ENACTING CHAPTER 8.33 – PUBLIC CAMPING, OF THE

ARVIN MUNICIPAL CODE
BACKGROUND:

On April 1, 2019, the Ninth Circuit Court of Appeals issued a decision in the case of Martin v.

City of Boise (Boise). This case involved multiple homeless individuals who had been cited for camping on public property or sleeping in public buildings or places, in violation of the city's ordinance. The court concluded that it is a violation of the Eighth Amendment, which prohibits cruel and unusual punishment, for a municipality to criminalize the act of sleeping outside where no sleeping space is practically available in any shelter. As a result, ordinances completely prohibiting the act of sleeping on public property when an individual has no other option have been deemed unconstitutional, as are those that ban camping in public where there is not a clear distinction between the act of simply sleeping and the act of camping. The United Supreme Court declined to hear the case in December 2019, making the Ninth Circuit’s opinion controlling law.

The City currently has no ordinance related to sleeping and or/public camping, or the prohibition of encampments. Staff proposes that the City Council introduce and subsequently adopt the attached ordinance to enact the applicable sections of the Arvin Municipal Code.

ANALYSIS
Although the Boise decision limited how municipalities may regulate their own property as it relates to sleeping in public, the decision does not amount to a total ban on a city's right to regulate the acts of camping or sleeping in public. As noted in the concurring opinion, “[o]n the merits, the opinion holds only that municipal ordinances that criminalize sleeping, sitting, or lying in all public spaces, when no alternative sleeping space is available, violate the Eighth Amendment." The opinion does not require cities to allow camping or sleeping at any time and in every publiclyowned location.

The proposed City Code prohibits both camping and storing property on public or private property, absent an exception, while allowing the act of sleeping, on public property, if no shelter is available.

Additionally, the City may abate unlawful encampments with 24 hours’ notice under the proposed ordinance, thereby minimizing risks to public health and safety and adverse impacts to protected habitat and other open spaces. Furthermore, the ordinance contains detailed provisions pertaining

4.A.1
Attachment: Staff Report_Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance to the notice required before an abatement is initiated, and how impounded property must be inventoried by city staff and recovered by the owner or disposed of.

STAFF RECOMMENDATION
Staff recommends that the City Council introduce an ordinance amending Title 8 of the Arvin Municipal Code through the enactment of Chapter 8.33 relating to camping, sleeping. and storage of personal property in a public and private property.

Staff recommends the City Council open the public hearing, receive public testimony, waive the reading of the ordinance text in its entirety, read by title only, and introduce for reading the Ordinance Amending Article 8, By Adding and Enacting Chapter 8.33 – Public Camping, of the Arvin Municipal Code.

FISCAL IMPACT
There is a minimal fiscal impact associated with modification of the Ordinances. Other than staff and attorney time, the ordinance will have minimal financial impact.

4.A.1
Attachment: Staff Report_Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance

Page 1 of 7 ends

Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC.

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARVIN AMENDING ARTICLE 8, BY ADDING AND ENACTING
CHAPTER 8.33 – PUBLIC CAMPING, OF THE ARVIN MUNICIPAL
CODE
Section 1. Recitals.

WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Public Camping within the Arvin 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 ARVIN DOES ORDAIN AS FOLLOWS:

Section 2. Chapter 8.33 of the Arvin Municipal Code is hereby adopted to read as follows:

ARTICLE 8 – HEALTH AND SAFETY
Chapter 8.33 – Public Camping
Section 8.33.010 – Purpose.

The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this article is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public or private property.

Section 8.33.020 – Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

Page 2 of 7 ends

Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC. (a) “Camp” means to utilize camp facilities and/or paraphernalia, including but not limited to laying down of bedding for the purpose of temporarily or permanently sleeping or living at that location. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. (b) “Camp facilities” include, but are not limited to, tents, huts, lean-tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or temporary shelter.
(c) “Camp paraphernalia” includes, but is not limited to, materials intended to be used as beds or bedding, blankets, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. (d) “City Manager” means the City Manager or designee.
(e) “Establish” means setting up or moving equipment, supplies or materials on to public or private property to camp or operate camp facilities. (f) “Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
(g) “Operate” means participating or assisting in establishing or maintaining a camp or camp facility.
(h) “Private property” means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land. (i) “Public property” means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks. (j) “Shelter space” means any temporary and available housing shelter that offers free overnight sleeping accommodations to an unsheltered individual. Shelter space shall be considered available if:
a. A shelter space is open and accessible;
b. The shelter space is within the City boundaries;
c. In the case of a family unit, the shelter space is open and accessible, and the shelter space requires adult men and women to sleep separately.

Shelter space shall not be considered available if:
a. In the case of a family unit, the family would have to be separated into two or more different shelter spaces;
b. The individual would be disqualified from accessing the shelter space due to any restrictions, rules or covenants beyond their use or control; or
c. The shelter space requires mandatory participation in a program or act as a prerequisite to access or use the shelter space.

Section 8.33.030 – Prohibited Acts.
(a) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:

1. Any public property; or

4.A.2
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Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC.

2. Any private property.
i. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the
overnight camping is limited to not more than one consecutive night.
ii. Nothing in this article is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by this Code or other laws and
regulations.
iii. Nothing in this article is intended to prohibit or make unlawful the mere possession of or transportation of camp facilities or camp paraphernalia on public or private property, except as provided in this article.
iv. The City Manager may, as provided in section 8.33.060 of this article, issue a temporary permit to allow camping on public or private property in connection with a special event.
(b) It is unlawful and a public nuisance for any person to wash one’s body or belongings in a fountain.
(c) It is unlawful and a public nuisance to urinate or defecate in public, as per section 8.12.405 of this code.
(d) It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council or by valid license or permit:

1. Any park;

2. Any street;

3. Any public parking lot or public property, improved or unimproved; and

4. On or adjacent to any waterway.
(e) Moving personal property to another location upon public property or returning personal property to the same block of public property on a daily basis shall be considered storing and shall not be considered to be removing the personal property from public property. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored with permission of the city or state on real property that is owned or controlled by the city. (f) No person shall store any personal property upon public property in such a manner as to obstruct city operations, including street or sidewalk maintenance or cleaning, or park or landscaping maintenance, repair or irrigation. Without prior notice, the city may temporarily move personal property, whether attended or unattended, which is obstructing city operations upon public property during the time necessary to conduct the city operations.

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

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Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC. (g) No person shall store any personal property upon public property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act of 1990 as amended from time to time (ADA). Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property in such a manner that it does not allow for passage as required by ADA. (h) No person shall store any personal property within ten feet of any operational and useable entrance, exit, driveway or loading dock. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property within ten feet of any such area.
(i) No person shall store any personal property upon public property that has clearly posted closure time, after the posted closure time. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property within ten feet of any such area.

Section 8.33.040 - Property removal.

City employees as designated by the City Manager may remove personal property unlawfully stored or found on public property as outlined in Section 8.33.030 as follows:
(a) Written notice shall be posted at the location whereupon any personal property, including camp facilities and camp paraphernalia, is unlawfully stored. Such written notice shall advise of the violation of Section 8.33.030 and provide warning that property not removed within 24 hours shall be deemed abandoned and subject to removal and possible destruction.
(b) City personnel may remove any personal property unlawfully stored or remaining on public property after the posting period has expired. City personnel shall offer the person claiming ownership of the personal property, if any, a shelter space, if one is available, as defined by Section 8.33.020. (c) Personal property which poses an imminent threat to public health or safety, is contraband or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by City personnel or police and stored or destroyed according to the provisions below. (d) At the time of removal of unlawfully stored or remaining personal property, City personnel shall conspicuously post and date a notice either at the exact location from which the personal property was removed or at another nearby location giving the following information:

1. A general description of the personal property removed;

2. The date and approximate time the personal property was removed;

3. A statement that the personal property has been stored in violation of section 8.330.030;

4. The address where removed personal property will be located, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property;

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

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Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC.

5. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
(e) Following removal of unlawfully stored or remaining personal property, City personnel shall do the following:

1. Maintain an inventory identifying the personal property, where the personal property is approximately located, and a reasonable estimate of value for such personal property;

2. Place the removed personal property in containers labeled in a manner facilitating identification by City personnel and owner and which reasonably protect such property from damage and theft;

3. Store removed personal property in an area designated by City for a period of 90 days.
(f) Personal property stored by the City which is claimed within 90 calendar days from removal shall be released to the person claiming ownership provided that person identifies the property and the approximate location where the property was left.
(g) Personal property which remains unclaimed after 90 calendar days is deemed intentionally abandoned and may be summarily abated and destroyed.

Section 8.33.050 - Violations
(a) A violation of this article is a misdemeanor, and upon conviction, confinement of up to six months in jail and/or fines of up to $1,000 per violation, or as set forth in the Master Fee Schedule, plus payment for the City's actual costs of transporting and storing property of the violator. In addition to the remedies set forth in Penal Code section 370, et seq., the City Attorney may institute civil actions to abate a public nuisance under this article.
(b) An individual charged with violation of this article, in lieu of being taken to jail may, at the election of the citing police officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment.
(c) As an alternative to a fine or jail sentence, the City would encourage the Court to grant diversion or probation with a condition the offender complete a rehabilitation program.

Section 8.33.060 – Exceptions
(a) Absent exigent circumstances posing an immediate threat to the public health, safety, or welfare, the provisions of 8.330.030(a) will not be enforced against individuals based solely upon the fact that they are sitting, lying, or sleeping on City-owned public property, when such individuals do not have access to adequate shelter space, as defined in Section 8.33.020.

Section 8.33.070 – Permit for Special Event.

The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

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Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC. scouting activities. The City Manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. The City may establish a reasonable fee, to be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.

Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code section 370 et seq., the City Attorney may institute civil actions to abate a public nuisance under this article.

Section 8.33.080 – Posting Copy of Permit.

It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 8.33.070 of this article.

Section 8.33.090 – Power of the City Manager to Make Rules and Regulations The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of Section 8.33.070 of this article, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.

Section 3. Notice. The City clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

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Ord Amending Article 8, by adding and enacting Chptr 8.33 – Public Camping, of the AMC. 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 (30) 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.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by title, at a regular meeting thereof held on the 25th day of January 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ___ day of ______________ 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, , City Clerk of the City of Arvin, California,
DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.A.2
Attachment: Ordinance Adding Chptr 8.33 to AMC re Public Camping_012522 (Public Hearing - First Reading of Ordinance Amending AMC

CITY OF ARVIN
Staff Report
Meeting Date: January 25, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager / Finance Director SUBJECT: AN ORDINANCE OF THE CITY OF ARVIN AMENDING AND RESTATING ARVIN MUNICIPAL CODE 2.06.090, and 2.06.100 CONCERNING CITY

MANAGER AUTHORITY OVER EMPLOYEES AND POWER OF
APPOINTMENT AND REMOVAL, AND 2.06.150 CONCERNING BUDGET BACKGROUND:

Council, by way of an ad hoc committee, has begun review of the City’s Ordinances. Additionally, Council, by way of an ad hoc committee, has evaluated the City’s organizational structure. Based on the work of these committees, it is recommended that a change to the City’s Ordinances be made in order to modify the City Manager’s power and duties over employees, appointments, promotions, removals and demotions and additional duties as they relate to the Finance Director.

Specifically, the ordinance modifications proposed will eliminate the City Manager’s authority over the Finance Director. Instead, the Finance Director will report directly to the City Council.

STAFF RECOMMENDATION:

Staff recommends the City Council open the public hearing, receive public testimony, waive the reading of the ordinance text in its entirety, read by title only, and introduce for reading the Ordinance Amending and Restating Arvin Municipal Code 2.06.090, 2.06.100 and 2.06.150 concerning the City Manager’s authority over employees and power of appointment and removal, and concerning the preparation of the annual budget.

FINANCIAL IMPACT:

There is a minimal fiscal impact associated with modification of the Ordinances. Other than staff and attorney time, the modifications will have no direct financial impact.

ATTACHMENTS:

Ordinance

4.B.1
Attachment: Staff Report_Ord City Manager Duties and Authority_012522 (Public Hearing - First Reading of Ordinance re City Manager Duties

Page 1 of 3 ends

Ord Amending & Restating AMC 2.06.090, & 2.06.100 Concerning City Manager Authority Over Employees and Power of Appointment & Removal, & 2.06.150 Concerning Budget.

ORDINANCE NO. __________-2021

AN ORDINANCE OF THE CITY OF ARVIN AMENDING AND
RESTATING ARVIN MUNICIPAL CODE 2.06.090, and 2.06.100

CONCERNING CITY MANAGER AUTHORITY OVER EMPLOYEES
AND POWER OF APPOINTMENT AND REMOVAL, AND 2.06.150

CONCERNING BUDGET
Section 1. Recitals.

WHEREAS, The City of Arvin (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to the City Manager’s Authority over Employees and Power of Appointment and Removal and Budget;
WHEREAS, The Ordinance Amendment updates the Municipal Code to codify (1) the City Manager Powers and Duties over employees, appointments, promotions, removals, and demotions and (2) the Duty to prepare and submit the proposed annual budget and annual salary plan to the City Council for its approval;
WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Chapter 2.06 of the Arvin 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 ARVIN DOES ORDAIN AS FOLLOWS:

Section 2. Section 2.06 of the Arvin Municipal Code is hereby amended and restated to read as follows:

2.06.090 - Authority over employees.

It shall be the duty of the city manager, and he/she shall have the authority to control, order and give directions to all heads of department, officers, subordinate officers and employees of the city under his jurisdiction through their department heads, except the city attorney, finance director and, as to the duties of the city clerk as imposed by the Government Code.

2.06.100 – Power of appointment and removal.

It shall be the duty of the city manager to, and he/she shall appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney, and

4.B.2
Attachment: City Manager Duties and Authority Ordinance_012522 (Public Hearing - First Reading of Ordinance re City Manager Duties and

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Ord Amending & Restating AMC 2.06.090, & 2.06.100 Concerning City Manager Authority Over Employees and Power of Appointment & Removal, & 2.06.150 Concerning Budget.
the finance director, subject to all applicable personnel ordinances, rules and regulations, and subject to the review and approval of the city council.

2.06.150 – Budget.

It shall be the joint duty of the city manager and the finance director to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval.

Section 3. NOTICE. The City clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Arvin 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 (30) 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. //////
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4.B.2
Attachment: City Manager Duties and Authority Ordinance_012522 (Public Hearing - First Reading of Ordinance re City Manager Duties and

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Ord Amending & Restating AMC 2.06.090, & 2.06.100 Concerning City Manager Authority Over Employees and Power of Appointment & Removal, & 2.06.150 Concerning Budget.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

4.B.2
Attachment: City Manager Duties and Authority Ordinance_012522 (Public Hearing - First Reading of Ordinance re City Manager Duties and

CITY OF ARVIN
Staff Report
Meeting Date: January 25, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager
SUBJECT: DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION TO ALLOW

CITY COUNCIL MEETINGS TO BE HELD REMOTELY, CONSISTENT WITH ASSEMBLY BILL 361 RECOMMENDATION:

BACKGROUND:

Assembly Bill 361 was recently signed by the Governor of the State of California and went into effect immediately upon signature by the Governor. The bill amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” with (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.

The key differences between Executive Order N-08-21, which expired on September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment and viewing of deliberations. Additionally, the City must make findings and adopt via resolution by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person every 30 days.

The City Council requested the January 11, 2022 Council Meeting be held remotely due to an outbreak of covid cases within the City. Pursuant to AB 361, a resolution to allow such remote meetings must be adopted at the following meeting.

It is important to note that neither AB 361 nor the proposed Resolution would require meetings to be held in an all-virtual format. Some cities that continue to adopt resolutions pursuant to AB 361 do so to allow a “hybrid” format where council members and staff participate either in person or remotely depending on their individual circumstances. Other cities adopt AB 361 resolutions to allow the public to continue to participate remotely because of space considerations in their council chambers. Failing to adopt the proposed Resolution would require meetings to be held in-person under traditional Brown Act parameters; adopting the resolution would give the City flexibility as it moves forward with meetings.

STAFF RECOMMENDATION:

It is recommended that the City Council (1) Discuss the use of teleconferencing or videoconferencing for Brown Act-covered public meetings of the City Council and City

5.A.1
Attachment: Staff Report - Reso Proclaiming the Continuing Need to Meet by Teleconference_012522 (City Council Meetings to be Held commissions; and (2) Adopt the attached Resolution to authorize the use of such technology for meetings for a period of 30 days.

FINANCIAL IMPACT:

None.

ATTACHMENTS:
[if any]

5.A.1
Attachment: Staff Report - Reso Proclaiming the Continuing Need to Meet by Teleconference_012522 (City Council Meetings to be Held

Page 1 of 2 ends

Reso to allow City Council Meetings to be held remotely, consistent with AB361 recommendation.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARVIN TO ALLOW CITY COUNCIL MEETINGS TO BE HELD
REMOTELY, CONSISTENT WITH ASSEMBLY BILL 361

RECOMMENDATION
WHEREAS, the City of Arvin is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Arvin’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is proclaimed and state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, in response to the novel coronavirus (“COVID-19”) pandemic, Governor Newsom adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference so long as other provisions of the Ralph M.

Brown Act (“Brown Act”) were followed; and
WHEREAS, on March 4, 2020, Governor Newsom declared a statewide emergency arising from COVID-19 pursuant to Government Code section 8625; and WHEREAS, on Sept. 16, 2021, Governor Newsom signed AB 361, which immediately amended the Brown Act allowing governing boards to continue holding virtual meetings outside the teleconferencing requirements of Government Code section 54953(b), if the board makes a finding that there is a proclaimed State of Emergency, and either (1) state or local officials have imposed or recommended social distancing measures, or (2) meeting in person would present imminent risks to the health or safety of attendees due to the emergency; and WHEREAS, the City Council conducted a virtual meeting by way of telephonic and/or internet-based services on January 11, 2022 to allow members of the public to fully participate in meetings and offer public comment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin that:

1. The recitals set forth above are true and correct and fully incorporated into this Resolution by reference.

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Attachment: Reso Proclaiming the Continuing Need to Meet by Teleconference_012522 (City Council Meetings to be Held Remotely AB361)

Page 2 of 2 ends

Reso to allow City Council Meetings to be held remotely, consistent with AB361 recommendation.

2. The City Council of the City of Arvin recognizes that a State of Emergency in the State of California continues to exist due to the COVID-19 pandemic.

3. The City Council of the City of Arvin finds that holding in-person meetings would present imminent risks to the health or safety of attendees due to the cause of the State of Emergency and that the cause of the State of Emergency directly impacts the ability of the City Council and other Board and Commission members to meet safely in person.

4. The City Council of the City of Arvin authorizes the use of teleconferencing for all meetings in accordance with Government Code section 54953(e) and all other applicable provisions of the Brown Act, for a period of thirty (30) days from the adoption of this resolution, or such a time that the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3).

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25th day of January 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

5.A.2
Attachment: Reso Proclaiming the Continuing Need to Meet by Teleconference_012522 (City Council Meetings to be Held Remotely AB361)

Arvin City CouncilJanuary 25, 2022

Arvin City Council
January 25, 2022