Agenda — Arvin City Council, February 22, 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 FEBRUARY 22, 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, February 21, 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 – February 22, 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 February 05, 2022 – February 18, 2022.

B. Approval of Payroll Register(s) of February 18, 2022.

C. Approval of the Minutes of the Regular Meeting of February 08, 2022 and Special Meeting of February 15, 2022.

D. Approval of A Resolution of the City Council of the City of Arvin Approving A PG&E Easement for the Operation of Arvin Community Services District Well Site 18.

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 Approval of A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within The City of Arvin. (Interim City Manager / Finance Director)
Staff recommends to open the hearing, allow for public testimony, close the hearing and approve the Resolution.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ Arvin City Council Meeting Agenda – February 22, 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 Adding Chapter 8.09, Mandatory Organic Waste Disposal Reduction Ordinance, to 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 ___

5. ACTION ITEM(S)
A. 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).)
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
Arvin City Council Meeting Agenda – February 22, 2022

Page 3 of 3 ends

E. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Janean Wilkins-Reynoso, Gino Reynoso and Family (decedent Christian Javier Reynoso) - AIMs File No. FR100172; RMA Claim No. 20465- 20471.

Against: City of Arvin
F. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code, § 54957.6):

City Negotiator: Jeff Jones, Interim City Manager / Finance Director Employee Organizations: Arvin Police Officers Association (APOA); Central California Association of Public Employees SEIU Local 521; and Unrepresented Employees.

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 February 18, 2022.

Cecilia Vela, City Clerk
2/10/2022 2:03:52 PM Page 1 of 8
Payment Register
City of Arvin APPKT00032 - AP Checks 02/10/22
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 841214 SUPP INS JAN2022 01/12/2022 01/12/2022 0.00 40.98 1285
Vendor Number

ALMA FERNANDEZ
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A.FERNANDEZ 01.25.22 A.FERNANDEZ- POST SPRVSR TRNG 02.28.22-03.04.22 01/25/2022 01/25/2022 0.00 410.00 1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
720.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 720.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNION DUES 01.07.22 & 01.21.22UNION DUES 01.07.22 & 01.21.22 01/21/2022 01/21/2022 0.00 720.00 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
376.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 376.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X01282022 PW + COVID CELL PHONES 12.23.21 - 01.22.22 01/22/2022 01/22/2022 0.00 376.42 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
263.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 263.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1148591672 A1155754 CANINE TERRIER/PITBULL XRAYS 01.26.222 01/27/2022 01/27/2022 0.00 263.42 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
1,204.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,204.17
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 012288624 PUB HEARING NOT- UNMET TRANSIT NEEDS 01/31/2022 01/31/2022 0.00 1,204.17 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
2,782.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 2,782.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6920 UNIT 265 BATTERY AND HEATER REPAIRS 01/12/2022 01/12/2022 0.00 1,033.63 6933 UNIT 268 BATTERY AND HEADLIGHT REPLACEMENT 01/20/2022 01/20/2022 0.00 454.50 6935 UNIT 318 A/C REPAIRS 01/20/2022 01/20/2022 0.00 968.61 6937 UNIT 269 POWER STEERING REPAIRS 01/20/2022 01/20/2022 0.00 325.69

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
741.69
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 741.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount COA UNION DUES 01.07.22 COA UNION DUES 01.07.22 01/07/2022 01/07/2022 0.00 741.69 1252
Vendor Number
CINTAS
Total Vendor Amount
651.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 651.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SVCS JAN2022 UNIFORM SVCS JAN2022 01/31/2022 01/31/2022 0.00 651.76 1057
Vendor Number

DEPARTMENT OF TRANSPORTATION
Total Vendor Amount
358.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 358.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SL220788 SIGNALS & LIGHTING OCT2021 - DEC2021 01/21/2022 01/21/2022 0.00 358.49 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
5,021.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 5,021.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 31019031 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 02.04.22 02/04/2022 02/04/2022 0.00 5,021.91 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0032 BUS WASH AND BUMPER SHINE 02.08.22 02/08/2022 02/08/2022 0.00 250.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
11,634.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 11,634.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1063 ARVIN CDBG CV2-3-00141 NAV SVCS 12.02.21 -12.31.21 01/03/2022 01/03/2022 0.00 5,511.05 1099 ARVIN CDBG CV2-3-00141 NAV SVCS 01.01.22 -01.31.22 01/05/2022 01/05/2022 0.00 6,123.08 1371
Vendor Number

GOVT TRAINING AGENCY (SDRTC)
Total Vendor Amount
517.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 517.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A.FERNANDEZ-POST SUPERVISOR TRNG A.FERNANDEZ-POST SUPERVISOR TRNG 02.28.22-03.04.22 01/25/2022 01/25/2022 0.00 517.00 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,489.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 7,489.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 FEB2022 BUNDLE INSURANCE FEB2022 01/20/2022 01/20/2022 0.00 7,489.74

INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS
Total Vendor Amount
175.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 175.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount C.VELA MEMBERSHIP FEE 03.31.22 C.VELA MEMBERSHIP FEE 03.31.22 THRU 03.31.23 01/04/2022 01/04/2022 0.00 175.00 1081
Vendor Number

JIM BURKE FORD
Total Vendor Amount
512.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 512.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 213063 UNIT 276 HEADLIGHT, TRUNK STRUTS, MOLDING 12/01/2021 12/01/2021 0.00 345.65 213973 UNIT 275 VEHICLE INSP AND BATTERY REPLACEMENT 12/01/2021 12/01/2021 0.00 166.67 1246
Vendor Number

JIMS TOWING SERVICES INC
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 22168 UNIT 207EV FROM WHEELER RIDGE TO 4420 STATE ST 01/19/2022 01/19/2022 0.00 450.00 1092
Vendor Number

KERN PRINT SERVICES
Total Vendor Amount
146.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 146.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 48126 CONTACT FORMS 01/17/2022 01/17/2022 0.00 146.80
1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
1,214.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,214.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV560608 ARVIN PD DEPARTMENT PATCHES 01/18/2022 01/18/2022 0.00 625.69 INV560630 ARVIN PD DEPARTMENT PATCHES 01/18/2022 01/18/2022 0.00 588.88 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,092.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 2,092.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 64129125 UNIT 110 45 DAY INPSECTION 01/13/2022 01/13/2022 0.00 269.42 64129126 UNIT 207 45 DAY INSPECTION 01/13/2022 01/13/2022 0.00 239.49 64129127 UNIT 209 45 DAY INSPECTION 01/14/2022 01/14/2022 0.00 266.55 64129128 UNIT 211 45 DAY INSPECTION & SVC 01/13/2022 01/13/2022 0.00 359.23 64129129 UNIT 203EV 45 DAY INSPECTION 01/14/2022 01/14/2022 0.00 239.49 64129130 UNIT 205EV 45 DAY INSPECTION 01/13/2022 01/13/2022 0.00 239.49 64129131 UNIT 207EV 45 DAY INSPECTION 01/14/2022 01/14/2022 0.00 239.49 64129142 UNIT 205EV INSPECT/CLEAN ROOF 01/13/2022 01/13/2022 0.00 239.49 1101
Vendor Number

MI SUN KIL
Total Vendor Amount
1,250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2985 DISINFECT ARVIN PD AND PATROL VEHICLES 12/01/2021 12/01/2021 0.00 1,250.00

MOBILE AG AND INDUSTRIAL SUPPLY
Total Vendor Amount
927.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 927.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 110488 PPE FOR STAFF WHEN APPLYING HERBICIDE 01/19/2022 01/19/2022 0.00 927.59 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
166.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 166.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 651447 FEB2022 LANDILL FEES 01/31/2022 01/31/2022 0.00 166.94 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90428 GATE MALFUNCTION REPAIRS 01.12.22 01/12/2022 01/12/2022 0.00 300.00 1111
Vendor Number

PITNEY BOWES
Total Vendor Amount
271.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 271.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3105295647 LEASE 11.28.21 - 02.27.22 01/25/2022 01/25/2022 0.00 271.55 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
5,400.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 5,400.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 112090 ON CALL PLANNING SVCS 12.12.21 - 01.08.22 01/18/2022 01/18/2022 0.00 5,400.86 1370
Vendor Number

ROADS DIV KERN COUNTY PUBLIC WORKS DEPT
Total Vendor Amount
28,146.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 28,146.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount R00005 FRANKLIN ST RSTP INV 01- 5370-028 12/07/2021 12/07/2021 0.00 14,900.34 R00006 FRANKLIN ST RSTP INV 02 5370-028 10/23/21-11/19/21 01/20/2022 01/20/2022 0.00 13,246.36 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
1,480.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,480.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 12.28.21-01.27.22 SERVICES 12.28.21-01.27.22 01/31/2022 01/31/2022 0.00 1,480.32 1124
Vendor Number

SOUTHERN VALLEY CHEMICAL
Total Vendor Amount
1,064.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,064.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 056044 ROUNDUP FOR THE CITY 01/19/2022 01/19/2022 0.00 1,064.76

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,470.37
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,470.37
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SVCS JAN2022 UNIFORM SVCS JAN2022 01/31/2022 01/31/2022 0.00 1,470.37 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 069794801013022 PUBLIC WORKS SVCS 01.29.22 - 02.28.22 01/30/2022 01/30/2022 0.00 108.99 1126
Vendor Number

STAPLES BUSINESS ADVANTAGE
Total Vendor Amount
1,051.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 1,051.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount STATEMENT 1640061828 OFFICE SUPPLIES STATEMENT 1640061828 01/25/2022 01/25/2022 0.00 1,051.60 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 766894 ARVIN ADOBE COMPLEX FIRE MONITORING FEB2022 02/01/2022 02/01/2022 0.00 55.00 1018
Vendor Number

VANTAGE POINT TRANSFER AGENTS
Total Vendor Amount
916.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 916.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 457K 01/07/2022 457K 01/07/2022 01/07/2022 01/07/2022 0.00 916.01 1135
Vendor Number

VEOLIA WATER NORTH AMERICA
Total Vendor Amount
35,361.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 35,361.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90296889 ARVIN EFFLUENT PUMP 607B REPLACEMENT PROJ 12/01/2021 12/01/2021 0.00 35,361.85 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 576.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9898357734 TRANSIT SVCS 12.29.21 - 01.28.22 01/28/2022 01/28/2022 0.00 576.34 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
396.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 396.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5018554811 LARGE COPIER LEASE COMM DEV 01.12.22 - 02.11.22 01/17/2022 01/17/2022 0.00 285.91 5018670776 COPIER LEASE COMM DEV 01.21.22 - 02.20.22 01/26/2022 01/26/2022 0.00 110.88

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
765.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 765.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000015 SEIU Dues 01/21/2022 01/21/2022 0.00 12.00
INV0000019 SEIU Dues 01/21/2022 01/21/2022 0.00 753.38
1018
Vendor Number

VANTAGE POINT TRANSFER AGENTS
Total Vendor Amount
916.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/10/2022 916.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000007 457 Contributions 01/21/2022 01/21/2022 0.00 475.00 INV0000008 457 Loan Repayment 01/21/2022 01/21/2022 0.00 441.01

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00032 - AP Checks 02/10/22
2/10/2022 2:03:52 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 53 38 0.00 115,999.15
Packet Totals: 53 38 0.00 115,999.15
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check42 0.00 1,681.39
Packet Totals:
42 0.00 1,681.39

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00032 - AP Checks 02/10/22
2/10/2022 2:03:52 PM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -117,680.54
Packet Totals: -117,680.54

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) 2/17/2022 5:39:14 PM Page 1 of 3
Payment Register
City of Arvin APPKT00033 - BOFA CREDIT CARD TRANSACTIONS NOV2021 01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1209
Vendor Number

BANK OF AMERICA CC
Total Vendor Amount
14,898.95
Vendor Name
Payment Type Remittance Address Payment Number Payment Date Payment Amount Bank Draft 243144-21 PO BOX 15731 12/21/2021 14,898.95
WILMINGTON, Delaware 19886-5731
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0000053 BOFA CC PAYMENT NOV2021 14,898.95 12/21/2021 0.00 12/21/2021 1373
Vendor Number

GLOBAL PAYMENTS INTEGRATED
Total Vendor Amount

68.75 Vendor Name
Payment Type Remittance Address Payment Number Payment Date Payment Amount Bank Draft DFT0000020 2675 WEST 600 NORTH 12/02/2021 68.75 LINDON, Utah 84042
Payable Number Description Payable Amount Payable Date Discount Amount Due Date MERCHANT CHARGES NOV2021MERCHANT CC CHARGES NOV2021 68.75 12/02/2021 0.00 12/02/2021

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00033 - BOFA CREDIT CARD TRANSACTIONS NOV2021 2/17/2022 5:39:14 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Manual Bank Draft 14,967.70 2 2 0.00
Packet Totals: 2 2 0.00 14,967.70

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00033 - BOFA CREDIT CARD TRANSACTIONS NOV2021 2/17/2022 5:39:14 PM Page 3 of 3
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -14,967.70
Packet Totals: -14,967.70

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) 2/17/2022 4:12:17 PM Page 1 of 6
Payment Register
City of Arvin APPKT00039 - AP for 02.17.22
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 217.43
Payable Number Description Payable Amount Payable Date Discount Amount Due Date CASE 91936 01.28.22 POST TAX INS 01.28.22 217.43 01/28/2022 0.00 01/28/2022 1009
Vendor Number

ARCPOINT LABS OF BAKERSFIELD
Total Vendor Amount
1,375.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 1,375.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 0122346-B ANTIGEN TEST M.MACIEL 75.00 01/15/2022 0.00 01/15/2022 0122613 EXPEDITED ANTIGEN TESTING ARVIN PD AND PW 375.00 01/22/2022 0.00 01/22/2022 0122887 ANTIGEN TESTING HR AND ARVIN PD 175.00 01/29/2022 0.00 01/29/2022 12221702 ANTIGEN TESTING ARVIN PD 750.00 12/31/2021 0.00 12/31/2021 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,615.04
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 7,615.04
Payable Number Description Payable Amount Payable Date Discount Amount Due Date SVCS 12.15.21-01.20.22 WATER SERVICES 12.15.21 - 01.20.22 7,615.04 01/31/2022 0.00 01/31/2022 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
4,357.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 4,357.05
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 6836 UNIT 292 OIL CHANGE / INSPECTION 147.01 12/01/2021 0.00 12/01/2021 6840 UNIT 279 MOUNT AND BALANCE 4 TIRES 440.00 12/01/2021 0.00 12/01/2021 6863 UNIT 269 O2 SNSR, RACK &PIN, TIE ROD ENDS MT TIRES 2,888.27 12/01/2021 0.00 12/01/2021 6902 UNIT 269 POWER STEERING, O2 SENSOR 393.26 12/16/2021 0.00 12/16/2021 6940 UNIT 265 SUSPENSION STEERING, ALIGNMENT 215.00 01/21/2022 0.00 01/21/2022 6946 UNIT 277 WONT START DIAG, BATTERY 273.51 01/25/2022 0.00 01/25/2022 1233
Vendor Number

DEWALT CORPORTATION
Total Vendor Amount
225.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 225.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1089501 17-142 TO 1712 MUNI ENGR AND SURV SVCS JAN 2022 225.00 02/02/2022 0.00 02/02/2022 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
5,106.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 5,106.75
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30392 BACKUP CENTRIC ADMIN JAN2022 449.75 01/31/2022 0.00 01/31/2022 30404SC SECURECENTRIC FIREWALL FEB2022 2,224.00 01/31/2022 0.00 01/31/2022 30433 BACKUP CENTRIC PD JAN2022 539.70 01/31/2022 0.00 01/31/2022 30434MS MICROSOFT 365 JAN2022 1,444.30 01/31/2022 0.00 01/31/2022 30568 ADOBE ACROBAT PRO 2020 VLIC 449.00 02/09/2022 0.00 02/09/2022

ERIC REYES GUERRA
Total Vendor Amount
3,330.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 3,330.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0015 BUS WASH AND BUMPER SHINE 11.23.21 $50 X 5 250.00 12/01/2021 0.00 12/01/2021 INV0016 ARVIN PD FLEET WASH 21 X $20 11.23.21 420.00 11/23/2021 0.00 11/23/2021 INV0019 BUS WASH AND BUMPER SHINE 12.08.21 4 X $50 200.00 12/08/2021 0.00 12/08/2021 INV0026 ARVIN PD FLEET WASH 20 X $20 01.12.22 400.00 01/12/2022 0.00 01/12/2022 INV0027 ARVIN PD FLEET WASH 21 X $20 01/18/22 420.00 01/18/2022 0.00 01/18/2022 INV0030 ARVIN PD FLEET WASH 21 X $20 01/26/22 420.00 01/26/2022 0.00 01/26/2022 INV0031 PD FLEET WASH 21 X $20 + 1 INTERIOR $20 02/01/22 440.00 02/01/2022 0.00 02/01/2022 INV0033 ARVIN PD FLEET WASH 19 X $20 02/09/22 380.00 02/09/2022 0.00 02/09/2022 INV0037 ARVIN PD FLEET WASH 20 X $20 02/15/22 400.00 02/15/2022 0.00 02/15/2022 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
191.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 191.95
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 18108 METER READING APD & COMM DEV 01.03.22 - 02.01.22 191.95 02/01/2022 0.00 02/01/2022 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
330.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 330.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 4573 APD MENS RESTROOM - REPLACE URINAL FLUSH VALVE 330.00 02/09/2022 0.00 02/09/2022 1213
Vendor Number

HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount
4,190.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 4,190.89
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 664806363 COA ARVIN CLEANING SUPPLIES 01/24/22 4,190.89 01/24/2022 0.00 01/24/2022 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
7,716.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 7,716.95
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INVOICE 5 CANNABIS PLANNING SVC 01.12.2022 - 02.01.2022 7,716.95 02/15/2022 0.00 02/15/2022 1185
Vendor Number

KERN COUNTY ANIMAL SERVICES
Total Vendor Amount
20,750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 20,750.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV OCT - DEC 2021 MONTHLY SERVICES 1058-2001 OCT2021 THRU DEC2021 01/20/2022 0.00 01/20/2022 20,750.00 1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
1,201.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 1,201.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date PWSVI-6879 SMOTHERMON PARK - SPRAY PARK REPAIRS UV SERVICE 1,201.00 12/01/2021 0.00 12/01/2021

MTZ CONSTRUCTION COMPANY
Total Vendor Amount
19,764.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 19,764.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 20211018 DIGIORGIO PARK- REMOVE REPLACE 5 DOORS ADA COMPLIA02/07/2022 0.00 02/07/2022 19,764.00 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
778.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 778.71
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0000060 O'Reilly's Statement 778.71 02/16/2022 0.00 02/16/2022 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

20.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 20.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 29935 UNIT 282 TIRE REPAIR 20.00 01/29/2022 0.00 01/29/2022 1154
Vendor Number

PRO FORCE LAW ENFORCEMENT
Total Vendor Amount
1,018.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 1,018.74
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 472786 SID HAYL RAIL MLOK HAND GUARD 10 EA 1,018.74 01/20/2022 0.00 01/20/2022 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
1,449.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 1,449.90
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 90101 CDBG FRANKLIN ST REHAB PHASE DD 12.01.21 -12.31.21 1,449.90 01/31/2022 0.00 01/31/2022 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
3,225.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 3,225.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 112087 PROJ 210204.05 SDP 2021 853 BEAR MTN BLVD PLAN SVC 01/18/2022 0.00 01/18/2022 1,145.00 112088 PROJ 210204.04 SDP 2021 14441 SYCAMORE RD PLAN SVC01/18/2022 0.00 01/18/2022 455.00 112089 PROJ 210204.03 CUP 2021 201 BEAR MTN BLVD PLAN SVC 01/18/2022 0.00 01/18/2022 1,625.00 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
285.03
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 285.03
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 064070101020222 SERVICE 02.01.22 - 02.28.22 CAMPUS DRIVE 285.03 02/02/2022 0.00 02/02/2022 1374
Vendor Number

TENDAI MTUNGA
Total Vendor Amount
2,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 2,000.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date RELOCATION COSTS RELOCATION COSTS FOR CITY PLANNER 2,000.00 02/02/2022 0.00 02/02/2022

TYLER TECHNOLOGIES INC
Total Vendor Amount
2,015.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 2,015.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 025-364756 FIN MGMT PROD ASSISTANCE AP & GL 01.03.22-01.07.22 01/12/2022 0.00 01/12/2022 2,015.00 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
842.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 842.60
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9898157242 ARVIN PD CELL PHONES 12.26.21 - 01.25.22 842.60 01/25/2022 0.00 01/25/2022 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
646.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 646.17
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9898157243 ARVIN PD AIR CARDS 12.26.21 - 01.25.22 646.17 01/25/2022 0.00 01/25/2022 1259
Vendor Number

VINCENTE MEDRANO
Total Vendor Amount
153.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/17/2022 153.44
Payable Number Description Payable Amount Payable Date Discount Amount Due Date V.MEDRANO 02.04.22 V.MEDRANO 02.04.22 MILEAGE PERISHABLE SKILLS OCT2102/04/2022 0.00 02/04/2022 153.44

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00039 - AP for 02.17.22
2/17/2022 4:12:17 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 88,805.65 47 25 0.00
Packet Totals: 47 25 0.00 88,805.65

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.) Payment Register APPKT00039 - AP for 02.17.22
2/17/2022 4:12:17 PM Page 6 of 6
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -88,805.65
Packet Totals: -88,805.65

3.A.1
Attachment: Demand Register(s) of February 05, 2022 - February 18, 2022 (Demand Register(s) of February 05, 2022 - February 18, 2022.)

3.B.1
Attachment: Payroll Register of February 18, 2022 (Payroll Register(s) of February 18, 2022.)

3.B.1
Attachment: Payroll Register of February 18, 2022 (Payroll Register(s) of February 18, 2022.) Arvin City Council Meeting Minutes – February 08, 2022

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 08, 2022
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Franetovich Vote 5-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of January 22, 2022 – February 04, 2022.

B. Approval of Payroll Register(s) of February 04, 2022.

C. Approval of the Minutes of the Regular Meeting of January 25, 2022.

D. Approval of Proclamation Proclaiming February 2022 as Safe Surrendered Baby Awareness Month.

E. Approval of A Resolution of the City Council of the City of Arvin Consenting to the Proposed Sale and Transfer of the Stock of Mountainside Disposal, Inc. to Burrtec Kern, LLC.

Resolution No. 2022-04
F. Approval of A Resolution of the City Council of the City of Arvin Approving A Task Authorization Between the City of Arvin and Veolia North America for Replacement of A Digester Blower at the Wastewater Treatment Facility.

Resolution No. 2022-05

3.C.1
Attachment: Minutes of the Regular Arvin City Counci Meeting of February 08, 2022 (Minutes of the Regular Meeting of February 08, 2022 and Arvin City Council Meeting Minutes – February 08, 2022

Page 2 of 4 ends

Staff recommends approval of the Consent Agenda.

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

Motion CM Horton Second CM Reyes Vote 5-0

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption 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 adopting the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive second reading of the Ordinance and approve the adoption of the Ordinance.

Motion CM Horton Second CM Reyes Vote 5-0
Ordinance No. 2022-476
B. A Public Hearing to Consider Adoption 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 adopting the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive second reading of the Ordinance and approve the adoption of the Ordinance.

Motion CM Horton Second CM Franetovich Vote 5-0
Ordinance No. 2022-477

Page 3 of 4 ends

5. ACTION ITEM(S)
A. Consideration of Special Event Permit Application for Arvin Chamber of Commerce Spring Carnival at Smothermon Park, April 26, 2022 – May 02, 2022 (Event Dates: April 28, 2022 – May 01, 2022).

Staff recommends approval of Special Event Permit Application with the requirement to abide by stipulations set forth by the Arvin Police Department and the City of Arvin. These stipulations include private security guard requirements and Police Department personnel requirements.

Motion to approve the Special Event Permit Application with the requirement to abide by stipulations set forth by the Arvin Police Department and the City of Arvin.

These stipulations include private security guard requirements and Police Department personnel requirements.

Motion CM Franetovich Second CM Horton Vote 5-0
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.

No motion and no action taken for above Action Item 5B.

6. DISCUSSION ITEM(S)
A. Use of Little League Field at Kovacevich Park (City Manager)

7. STAFF REPORTS

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.

B. PUBLIC EMPLOYMENT (Pursuant to Government Code, § 54957) Position: City Manager
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code § 54957(b)(1)
Position: City Attorney

Page 4 of 4 ends

D. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (two potential cases)
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. The City Council discussed item 9A. The City Council gave direction to the Interim City Manager regarding additional documentation and information the Council would like to receive for further discussion on the next agenda. 9B. No reportable action was taken.
9C. The City Attorney received a performance evaluation from the Council. No further action taken. This item can be removed from the next agenda. 9D. No reportable action was taken regarding either case after both were discussed by Council.

10.ADJOURNED @ 7:39PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.1
Attachment: Minutes of the Regular Arvin City Counci Meeting of February 08, 2022 (Minutes of the Regular Meeting of February 08, 2022 and Special Arvin City Council Meeting Minutes – February 15, 2022

Page 1 of 1 ends

SPECIAL MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 15, 2022
CALL TO ORDER @ 6:03PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Horton absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion MPT Borreli Second CM Franetovich Vote 4-0

2. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (one potential case)
CLOSED SESSION REPORT BY CITY ATTORNEY:

The City Council discussed item 2A in closed session and gave direction to the Human Resources Manager and the Interim City Manager. This item can be removed from the next meeting agenda.

3. ADJOURNED @ 7:15PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.2
Attachment: Minutes of the Special Arvin City Council Meeting of February 15, 2022 (Minutes of the Regular Meeting of February 08, 2022 and

CITY OF ARVIN
Agenda Report
Meeting Date: February 22, 2022
TO: Arvin City Council
FROM: Adam Ojeda, City Engineer
SUBJECT: A Resolution of the City Council of the City of Arvin Approving A PG&E Easement for the Operation of Arvin Community Services District Well Site 18

BACKGROUND
The Arvin Community Services District (CSD) is currently building a new domestic water well south of city limits in unincorporated Kern County within an agricultural field approximately one quarter mile from the city limits. The CSD is working with PG&E to construct electrical connections to the well which will require a new underground electrical line to be constructed from an existing power pole within city limits at the south-western boundary of the city. This proposed line will require a small portion of the proposed line to be located within city limits in the unimproved portion of what will one day be Burkett Boulevard. PG&E and CSD has thus requested that the city grant an easement for these improvements. The City Engineer has reviewed the requested easement, and has determined it to be acceptable and recommends that the City Council approve the proposed easement, and to authorize the City Manager or their designee, the City Engineer, to sign the easement document which will be recorded with the Kern County Assessor-Recorder.

RECOMMENDATION
Staff recommends that the City Council approve the proposed easement, and to authorize the City Manager or their designee, the City Engineer, to sign the easement document which will be recorded with the Kern County Assessor-Recorder.

FISCAL IMPACTS
No fiscal impact to the City of Arvin.

ATTACHMENTS
Resolution
Proposed Easement from PG&E

3.D.1
Attachment: Staff Report PG&E Easement for ACSD Well Site 18_022222 (PG&E Easement for ACSD Well Site 18) Reso Approving PG&E Easement for ACSD Well Site 18.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING A PG&E EASMENT FOR THE OPERATION OF ARVIN
COMMUNITY SERVICE DISTRICT WELL SITE 18.

WHEREAS, the Arvin Community Services District and PG&E are constructing a new domestic water well south of city limits in unincorporated Kern County; and WHEREAS, the necessary electrical power connection will come from electrical lines located within city limits; and
WHEREAS, both partied have requested a utility easement from the City of Arvin; and WHEREAS, the City Engineer has reviewed the easement documents, and has determined them to be approved and that it is appropriate for the City to execute the easement and to provide it to the CSD for recordation with the County Recorder’s office;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:

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

Section 2. The City Manager or their designee, the City Engineer, are authorized to review, approve, and execute easement.

Section 3. Said easement documents, once executed, shall be submitted to the CSD for recordation with the County Recorder’s office.
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////

3.D.2
Attachment: Reso PG&E Easement for ACSD Well Site 18_022222 (PG&E Easement for ACSD Well Site 18) Reso Approving PG&E Easement for ACSD Well Site 18.

Page 2 of 2 ends

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 22nd day of February 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.D.2
Attachment: Reso PG&E Easement for ACSD Well Site 18_022222 (PG&E Easement for ACSD Well Site 18) Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2232-29- PM 35262365 EASEMENT DEED
CITY OF ARVIN, A Municipal Corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the unincorporated area of the County of Kern, State of California, described as follows:
(APN 446-010-73)
The parcel of land, sitaute in the southeast quarter of the northwest quarter of Section 2, Township 32 South, Range 29 East, M.D.B. & M.; described and designated PARCEL 3 in the deed from James T.

Rowland and others to Grantor dated March 24, 1998 and recorded as Document No. 198048438, Kern County Records.

The easement area is described as follows:

The strip of land of the uniform width of 10 feet, lying 5 feet on each side of the alignment of the facilities as initially installed hereunder. The approximate locations of said facilities are shown upon Grantee’s Drawing No. 35262365-3 attached hereto and made a part hereof.

Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strips of land.

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18) Utility Distribution Easement (02/2020)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “A”, attached hereto and made a part hereof.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

I hereby certify that a resolution was adopted
on the ___ day of ___________, 20___, by
the authorizing the foregoing grant of easement.

CITY OF ARVIN,
A Municipal Corporation
_________________________________
By
By: ___________________________________ _________________________________ By
_________________________________

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18) Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18) Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18) LD #2232-29-
Applicant:

SECTION TOWNSHIP RANGE MERIDIAN

SCALE DATE
CITY OF:

PG&E DIVISION AUTHORIZ DRAWING NO.

COUNTY OF:

F.B.: DR.BY: CH.BY:

UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES MDB&M
EDM0 LCP9
N.T.S.

PLAT MAP: KERN 121026321
KERN
North
LEGEND

REFERENCE
K.C.R.
2/08/2022
2 T.32S. R.29E.

APN: 446-010-73
ARVIN
NW 1/4
SE 1/4 OF
RAUL BARRAZA, JR.
446-010-68
APN:

APN: 446-010-12 APN: 446-010-13
BURKETTE BLVD.
35262365-3
PER DOCUMENT NO. 220200654

EXISTING POLE LINE EASEMENT
LD# 2232-29-10004
32291 (ELECTRIC)

CITY OF ARVIN
(FU
TU
RE)
D
R
IVE
C
O
M
AN
C
H
E
NO. 221003302

EASEMENT PER DOCUMENT

EXISTING UNDERGROUND
LD# 2232-29-10005
- KERN COUNTY RECORDS
- EXISTING POLE
- PROPOSED POLE LOCATION
- LOT LINES
- EXISTING FACILITIES
- PROPOSED FACILITIES (OFF-SITE)

PROPOSED FACILITIES
- APPROXIMATE LOCATION
- GRANTOR PARCEL LINE
RO
AD
FU
TU
RE
45'
RO
AD
FU
TU
RE
45'
RO
AD
FU
TU
RE
45'
RO
AD
FU
TU
RE
45'
SECTION 2

WEST LINE
PARCEL 3
DOC. NO. 198048438, K.C.R.

ROAD
PUBLIC
FUTURE
ROAD
PUBLIC
FUTURE

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18) Attach to LD: 2232-29-
Area, Region or Location: 4
Land Service Office: Bakersfield
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.32.29.02.42,
FERC License Number: n/a
PG&E Drawing Number: 35262365-3
Plat No.: 32291 (electric)
LD of Affected Documents: n/a
LD of Cross Referenced Documents: 2232-29-10005, 2232-29-10004 Type of interest: Communication Easements (6), Electric Underground Easements (4), Utility Easement (86)
SBE Parcel: n/a
% Being Quitclaimed: n/a
Order or PM: 35262365
JCN: n/a
County: Kern
Utility Notice Number: n/a
851 Approval Application No: n/a; Decision: n/a
Prepared By: edm0
Checked By: lcp9
Approved By: n/a
Revised by: n/a

3.D.3
Attachment: 03-35262365_DistEsmt (PG&E Easement for ACSD Well Site 18)

CITY OF ARVIN
Staff Report
Meeting Date: February 22, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager / Finance Director SUBJECT: A PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF ARVIN DECLARING THERE

ARE NO UNMET TRANSIT NEEDS THAT CAN BE REASONABLY MET

WITHIN THE CITY OF ARVIN
ISSUE
To consider public comments and establish a finding for unmet needs which are reasonable to meet in the public transportation system.

MOTION
Move to approve the resolution establishing the unmet and reasonable to meet transit needs finding.

RECOMMENDATION
Staff recommends that the City Council considers all public comments and City Council testimony during the public hearing and approve the resolution establishing the unmet and reasonable to meet transit needs finding.

BACKGROUND
The Transportation Development Act of 1971 (TDA), as amended, provides for the disbursement of funds from the Local Transportation Fund for various eligible transportation uses. The funds are distributed by the Kern Council of Governments (KCOG), in its capacity as the Regional Transportation Planning Agency. An eligible claimant wishing to receive TDA funding through KCOG must conduct an annual review of the transit needs of the individuals and groups in the community. A public hearing must be conducted to receive written and oral comments regarding any “unmet transit needs” and whether these are “reasonable to meet”.

An unmet need exist if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are: 1) those request for minor operational improvements, and 2) those improvements funded and scheduled for implementation, in the following fiscal year.

An unmet need is “reasonable to meet” if it is (1) safe to operate and has adequate roadways for transit vehicles, (2) not a duplication of an existing transportation service, (3) a response to an existing need, not a future need, and (4) has the ridership to meet the legally required farebox requirements (Pub. Util. Code §§ 99268.2, 99268.5 and 21 CCR §§ 6633.2, 6633.5 with fares close to fares of similar service).

4.A.1
Attachment: Staff Report Unmet Transit Needs_022222 (Public Hearing - Unmet Transit Needs 2022)

FISCAL IMPACTS
There are no budget impacts at this time.

ATTACHMENTS Resolution

4.A.1
Attachment: Staff Report Unmet Transit Needs_022222 (Public Hearing - Unmet Transit Needs 2022)

4.A.2
Attachment: Letter from Kern COG re Unmet Transit Needs Hearing 2022_022222 (Public Hearing - Unmet Transit Needs 2022) Reso Declaring there are no unmet transit needs 2022.

Page 1 of 2 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

DECLARING THERE ARE NO UNMET TRANSIT NEEDS THAT CAN

BE REASONABLY MET WITHIN THE CITY OF ARVIN
WHEREAS, Section 99238.5 of the Public Utilities Code requires the establishment and implementation of a citizen participation process to solicit input of transit dependent and transit disadvantaged persons, including the elderly, disabled, and persons of limited means; and WHEREAS, the City Council of the City of Arvin by way of this public hearing is complying with California Public Utilities Code 99238.5 in addressing any unmet transit need that can be reasonably met; and
WHEREAS, a public notice was given at least 30 days prior to this public hearing stating the date, place, time and specific purpose of the hearing and said public notice was published in the Bakersfield Californian newspaper; and
WHEREAS, for persons unable to attend the public hearing, the public notice provided for written and electronic comments to be received by the City Clerk; and WHEREAS, said public hearing was held at on February 22, 2022, at which time the Arvin City Council, after receiving all public testimony and any and all other public testimony (written and/or electronic) determined there were no unmet transit needs that be reasonably met.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Arvin finds that there are no unmet transit needs that are reasonable to meet. //////
//////
//////
//////
//////
//////
//////
//////
//////

4.A.3
Attachment: Reso Unmet Transit Needs Hearing_022222 (Public Hearing - Unmet Transit Needs 2022) Reso Declaring there are no unmet transit needs 2022.

Page 2 of 2 ends

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.

4.A.3
Attachment: Reso Unmet Transit Needs Hearing_022222 (Public Hearing - Unmet Transit Needs 2022)

PUBLIC HEARING NOTICE

TRANSIT UNMET NEEDS HEARING
The Arvin City Council will hold a public hearing on Tuesday, February 22, 2022, at 6:00p.m., to receive comments related to unmet and reasonable transit needs in the City of Arvin and the surrounding county areas serviced by the Arvin Transit System.

Kern Council of Governments is required to define “unmet needs” and “reasonable to meet”, and has defined them as follows:

Unmet Need:

An unmet need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are: 1) those requests for minor operation improvements, and 2) those improvements funded and scheduled for implementation, in the following fiscal year.

Reasonable to Meet:

A. Operational feasibility- The requested improvement must be safe to operate and there must be adequate roadways for transit vehicles.

B. Duplication of Service- The proposed service shall not duplicate other transit services.

C. Timing- The proposed service shall be in response to an existing, rather than a future need.

D. Service must meet the legally required farebox ratio. (Public Utilities Code Sections 99268.2, 99268.5 and 21 CCR Sections 6633.2, 6633.5 with fares close to fares of similar service.)
Citizens unable to attend the meeting may submit written and/or electronic comments up until 12:00pm on the date of the meeting to the City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].

Cecilia Vela, City Clerk
Published: Bakersfield Californian, January 21, 2022
City Council of the City of Arvin Public Hearing Information Date: February 22, 2022
Time: 6:00 PM
Place: City of Arvin Council Chambers (by telephone or video streaming) 200 Campus Drive, Arvin, CA 93203
Call In Number: 1-669-900-9128; Meeting ID 814 7122 3031# Join on-line: https://us02web.zoom.us/j/81471223031

4.A.4
Attachment: Public Hearing Notice Unmet Transit Needs English and Spanish_CC Mtg of 022222_FINAL (Public Hearing - Unmet Transit Needs

NOTICIA DE AUDIENCIA PUBLICA

ASUNTO A TRATAR

NECESIDADES DE TRANSPORTE URBANO INCUMPLIDAS
El consejo de la Ciudad de Arvin conducira una audiencia publica el 22 de Febrero, 2022 a las 6:00 de la tarde. El proposito es para recibir comentarios del publico en general relacionados con las necesidades razonables de transporte urbano e incumplidas en la Ciudad de Arvin y otras poblaciones del condado de Kern, en las cuales el sistema de transporte urbano de la Ciudad de Arvin presta el servicio.

El Consejo de Gobernacion del Condado de Kern define “necesidades incumplidas” y “razonable de satisfacer” de la signiente manera:

Necesidad Incumplida:

Una necesidad incumplida existe, si una persona de cualquier edad o condicion fisica no es capaz transportarse por si mismo o por si misma debido a las deficiencias en el actual sistema de transporte urbano.

Excluyendo: 1) Peticiones menores para mejoras operacionales, y 2) Mejoras ya financiadas y programadas para su implementacion en el siguiente año fiscal.

Razonable de Satisfacer:

A. Viabilidad Operacional: Las Mejoras solicitadas deberan ser seguaras de operar y deben existir caminos adecuados para el transito vehicular.

B. Duplicacion de Servicio: El servicio que se proponga no debe duplicar otros servicios de transporte urbano.

C. Intervalos de Tiempo: El servicio propuesto debe ser en respuesta a una necesidad existente en lugar de a una necesidad futura.

D. El servicio debe cumplir con la racion legalmente establecida por ley, esto quiere decir que por cada Dolar que se invierta en el Sistema de Transporte Urbano un porcentage de cada dolar debe ser recuperado en las tarifas que se cobren, como se estipula en la Secciones 99268.2, 99268.5 del Comision de Utilidades Publicas pos sus siglas en Ingles (PUC) y en las Secciones 6633.2, 6633.5 del Codigo Administrativo de California pos sus siglas en Ingles (CAC) con cobros cercanos a tarifas para un servicio similar.

Consejo de la Ciudad de Arvin - Audiencia Publica
Fecha: 22 de Febrero 2022
Hora: 6:00 PM
Lugar: Cámara del Consejo de la Ciudad de Arvin (por teléfono o transmisión de vídeo)
200 Campus Drive, Arvin, CA 93203
Número de llamada: 1-669-900-9128; Id. de reunión 814 7122 3031# Unirse: https://us02web.zoom.us/j/81471223031

4.A.4
Attachment: Public Hearing Notice Unmet Transit Needs English and Spanish_CC Mtg of 022222_FINAL (Public Hearing - Unmet Transit Needs Personas incapaces de asistir pueden someter comentarios escritos y/o electrónicos hasta las 12:00p.m. en la fecha de la reunión. Atencion: City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].

Cecilia Vela, City Clerk
Published: Bakersfield Californian, January 21, 2022

4.A.4
Attachment: Public Hearing Notice Unmet Transit Needs English and Spanish_CC Mtg of 022222_FINAL (Public Hearing - Unmet Transit Needs

CITY OF ARVIN
Staff Report
Meeting Date: February 22, 2022
TO: Arvin City Council
FROM: Jeff Jones, Interim City Manager / Finance Director SUBJECT: A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adding Chapter 8.09, Mandatory Organic Waste Disposal Reduction Ordinance, to the Arvin Municipal Code.

SUMMARY:

Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016, to reduce organic waste disposal by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and requires all jurisdictions to implement a mandatory organic recycling ordinance by January 1, 2022. This Legislation requires all businesses, residents, and multi-family apartments to have access to recycling programs that capture food scraps, landscaping waste, among other organic waste materials.

As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025. Over the last two years, CalRecycle conducted informal hearings with local governments and stakeholders to develop regulations to achieve the State's organic waste reduction mandates. In November 2020, CalRecycle released the final regulations for SB 1383. The City of Arvin’s new ordinance will provide the state assistance in achieving this goal disposal and food recovery by 2025. All residential and commercial zones will be assisting in achieving the state’s goal.

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 and implement an organic refuse disposal program within the City.

FISCAL IMPACT:

LEGAL FEES – ATTORNEY REVIEW. INCREASE IN UTILITY COST FOR ALL COMMERCIAL AND INDUSTRIAL BUILDINGS. (NO UTILITY COST OR IMPLEMENTATION FOR RESIDENTIAL TIL 2024.)
ATTACHMENT(S):

Ordinance

4.B.1
Attachment: Staff Report Public Hearing-Ord Adding Chpt 8.09 Mandatory Organic Waste Disposal Reduction_022222 (Public Hearing - 1st Ordinance Adding Chapter 8.09 to AMC, Mandatory Organic Waste Reduction.

Page 1 of 32 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARVIN ADDING CHAPTER 8.09, MANDATORY

ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE,
TO THE ARVIN MUNICIPAL CODE.

WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program. Guidance: Rural Jurisdictions that are exempt from AB 1826 may not need the preceding statement; and
WHEREAS SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by

4.B.2
Attachment: Ord Adding Chpt 8.09 to AMC re Mandatory Organic Waste Disposal Reduction_022222 (Public Hearing - 1st Reading - Ordinance Ordinance Adding Chapter 8.09 to AMC, Mandatory Organic Waste Reduction.

Page 2 of 32 ends

requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses within the City by regulating waste disposal activities; and
WHEREAS, Requirements in this ordinance are consistent with other adopted goals and policies of the City.

WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. Chapter 8.09, entitled MANDATORY ORGANIC WASTE DISPOSAL REDUCTION is hereby added to the Arvin Municipal Code to read as follows:

Chapter 8.09

MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

8.09.010 Purpose and Findings
A. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, which is codified at Public Resources Code §§42652-42654 and Health & Safety Code §§39730.5 – 39730.8, places requirements on multiple entities including Cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

B. The Final Regulation Text of SB 1383 Regulations implementing SB 1383 was adopted by CalRecycle in November 2020; and
C. SB 1383 requires Cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.

D. This ordinance is intended to authorize the City Manager to make determinations and undertake or arrange for programs and activities required to implement relevant provisions of SB 1383 Regulations.

8.09.020 Definitions. The following definitions shall be utilized for purposes of implementation of this ordinance. Where a definition is included in the SB 1383 Regulations, that definition shall be utilized unless otherwise included in this ordinance, in which case the definition set forth herein shall prevail.

Page 3 of 32 ends

“Authorized Collector” means a private contractor authorized to provide exclusive collection services on behalf of the City through permit, contract, exclusive franchise agreement, or otherwise.
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
“CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Citys (and others).
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “City Enforcement Official” means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling having five (5) or more dwelling units. “Commercial Edible Food Generator” means a Commercial Business that generates Edible Food that would otherwise be disposed.
“Compliance Review” means a review of records by a City to determine compliance with this ordinance.
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Page 4 of 32 ends

“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Contamination” means materials placed in a container other than those (as applicable) appropriate for collection in that container.
“Designee” means an entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible Food” means food intended for human consumption or as otherwise defined in 14 CCR Section 18982(a)(18). “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. “Enforcement Action” means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

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“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
• A food bank as defined in Section 113783 of the Health and Safety Code. • A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
• A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982{a)(26}. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and, pizza boxes
“Food Waste” means all food and food scraps such as but not limited to fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells, tea bags and coffee grounds. Food waste excludes fats, oils, liquids, and grease when such materials are source separated. Food Waste may include compostable paper and plastic if accepted by the processing facility.
“Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

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“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
“Green Waste” means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other than construction activities. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where City or its Designee reviews records, containers, and a Commercial Business' handling of Organic Waste or Edible Food, and related education and recordkeeping, to determine if it is complying with requirements set forth in this ordinance. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility, including, but not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance, a site under common ownership or

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control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste.
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

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“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Recyclable Material” means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for use in the altered form for manufacture of new products through available processes and markets. A listing of materials considered as Recyclable Material shall be provided by the Authorized Collector and may be revised from time to time by agreement of the City and the Authorized Collector.

Notwithstanding any provision to the contrary, the Authorized Collector is not required to collect or recycle any material for which a viable market for resale is not available. “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
“Regional or County Agency Enforcement Official” means a regional or county agency enforcement official, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with City Enforcement Official. “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

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“Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Residential” means properties utilized for full-time human habitation, including singlefamily properties and multi-family properties with four (4) or less dwelling units. (??)
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by Cal Recycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Hauler” means a commercial generator who is approved by the City to haul Organic Waste he or she has generated to another person using his or her own equipment in accordance with 8.09.170.
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” shall mean and include all discarded putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, Construction and Demolition Debris, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class Ill landfill and which are included within the definition of “Nonhazardous Solid Waste” set forth in the California Code of Regulations. Solid Waste does not include any of the following wastes:
• Hazardous waste, as defined in the State Public Resources Code Section 40141. • Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

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• Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.

Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. “Solid Waste Generator” means a person or entity that is responsible for the initial creation of Solid Waste.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. “State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
• Supermarket.

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• Grocery Store with a total facility size equal to or greater than 10,000 square feet • Food Service Provider.
• Food Distributor.
• Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
• Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
• Hotel with an on-site Food Facility and 200 or more rooms. • Health facility with an on-site Food Facility and 100 or more beds. • Large Venue.
• Large Event.
• A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
• A Local Education Agency facility with an on-site Food Facility. “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75). “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

8.09.030 Authorization. The City Manager, or his or her designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement relevant provisions of SB 1383 Regulations.

8.09.040 Non-Delegable Responsibilities. In undertaking his or her obligations under Section

8.10.030, the City Manager, or his or her designee, shall have sole responsibility for and may undertake the following determinations, programs, or activities, and in so doing may utilize City personnel.

A. Granting of approval for self-hauling or waivers from SB 1383 requirements to an Organic Waste Generator.

B. Applying for waivers from SB 1383 requirements granted by Cal Recycle.

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C. Applying for waivers from SB 1383 requirements granted by Cal Recycle in the event of emergencies or disasters.

D. Regulating Authorized Collectors for their compliance with relevant SB 1383 Regulations.

E. Initiating and prosecuting enforcement actions against Organic Waste Generators for violation of this ordinance, including the determination and assessment of penalties.

F. Procuring of recycled content paper for use by the City.

G. Adopting CAL Green building codes and adopting a water efficient landscaping ordinance.

H. Undertaking Organic Waste capacity planning, and Edible Food Recovery capacity planning.

I. Maintaining and submitting records and reports required by the SB 1383 Regulations.

8.09.050 Delegable Responsibilities. In undertaking his or her obligations under Section

8.09.030, the City Manager, or his or her designee, may undertake programs or activities implementing relevant provisions of SB 1383 Regulations, and in so doing may utilize City personnel or may make arrangements for these programs or activities with the Authorized Collector, other private or non-profit entities, or through agreements with other jurisdictions, including the following:

A. Providing for collection of Organic Waste, Solid Waste and Recyclable Materials utilizing a three (3) container, two (2) container or one (1) container collection system, and delivery of collected Organic Waste to an appropriate facility for recovery in accordance with SB 1383 Regulations.

B. Minimizing container contamination through public education and periodic monitoring of container contents.

C. Review, analysis, recommendation and tracking related to waiver requests from SB 1383 requirements submitted by Organic Waste Generators.

D. Providing for container colors and labels in accordance with SB 1383 Regulations.

E. Providing for operations in the event of emergencies or disasters.

F. Identifying Commercial Organic Waste Generators and Commercial Edible Food Generators and providing education and outreach regarding SB 1383 Regulations.

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G. Arranging for recovery of Edible Food from Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators through, among other means, a Food Recovery Organization or Food Recovery Service.

H. Recovery of Organic Waste generated at Large Events or Large Venues.

I. Providing information to assist with Organic Waste capacity planning, and Edible Food Recovery capacity planning.

J. Procuring recovered Organic Waste products
K. Providing periodic inspections of Organic Waste Generators and investigation of complaints, and creation and maintenance of records regarding such activities.

L. Providing information and other data for purposes of tracking, recordkeeping and reporting in accordance with SB 1383 Regulations.

8.09.060 Generator Requirements. Owners of Residential or Commercial properties, and other persons utilizing such properties, that are Solid Waste Generators, must subscribe and pay for collection service for Solid Waste, Recyclable Material and Organic Waste, unless waived by the City, or the Solid Waste Generator self-hauls such materials, with City approval. Owners of such properties are responsible for any failure to subscribe and pay for such service, or to undertake other allowable methods of diversion.

8.09.070 Single-Family Food Generator Requirements
A. Single-Family Organic Waste Generators shall comply with the requirements of this section and Section 8.09.060 commencing January 1, 2022.

B. Single-Family Organic Waste Generators shall arrange to recover the maximum amount of edible food that would otherwise be disposed.

C. Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generator that meet the Self-Hauler requirements in 8.09.170 of this ordinance:

1. Shall subscribe to City’s Organic Waste collection services for all Organic Waste generated. City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

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2. Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place Prohibited Container Contaminants in collection containers. i. A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container)
a. Generator shall place Source Separated Green Container Organic Waste, including food waste, in the Green
Container; Source Separated Recyclable Materials in the Blue Container; and Refuse in the Gray Container.

Generator shall not place materials designated for the
Green Containers or Blue Containers in the Gray
Containers.

D. Single-Family Organic Waste Generators except Single-Family generators that meet the Self-Hauler requirements in 8.09.170 of this ordinance:

1. Shall be automatically enrolled in the City’s three-container Organic Waste collection services with a minimum Source Separated Recyclable Materials service level of 96 gallons every other week, and with a minimum Source Separated Green Container Organic Waste service level of 96 gallons per week, approved by the City Manager or his/her designee. City shall have the authority to change this minimum required levels of service over time. City shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the City.

2. Shall participate in the City’s three-container system for Source Separated Recyclable Materials, Source Separated Green Container organic materials, and Gray Container Waste collection services. Generator participation in the collection programs requires that generators place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Generator shall not place excluded waste in any container.

3. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

8.11.080 Commercial Business and Commercial Organic Waste Generator Requirements

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A. Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

1. Subscribe to City’s three-container collection services and comply with requirements of those services as described below in 8.09.080(A)(2), except Commercial Businesses that meet the Self-Hauler requirements in 8.09.170 of this ordinance. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City.

2. Except Commercial Businesses that meet the Self-Hauler requirements in

8.09.170 of this ordinance, participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below.
ii. A three-container collection service (Blue Container, Green Container, and Gray Container)
a. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green
Container; Source Separated Recyclable Materials in the Blue Container; and “Refuse”, in the Gray Container.

Generator shall not place materials designated for the
Green Containers or Blue Containers in the Gray
Containers.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with 8.09.080(4)(a) AND

8.09.080(4)(b) below) for employees, contractors, tenants, and customers, consistent with City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with 8.09.170.

4. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business.

Such containers do not need to be provided in restrooms. If a Commercial Business is subject to a waiver pursuant to Section 8.09.100 for any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
i. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the

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color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. ii. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

5. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in 8.09.080(4) pursuant to 14 CCR Section 18984.9(b).

6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with 8.09.170.

7. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

10. Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with 8.09.140 of this ordinance to confirm compliance with the requirements of this ordinance.

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11. Accommodate and cooperate with City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at the later date, to evaluate generator’s compliance with 8.09.080(4)(b). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Container, Green Container, and Gray Containers.

12. At Commercial Business’s option and subject to approval required from the City and owner of collection containers, implement a Remote Monitoring program for Inspection of the contents of its Blue Container, Green Container, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants.

Generators may install Remote Monitoring devices on or in the Blue Container, Green Container, and Gray Containers subject to written notification to or approval by the City or its Designee.

13. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in 8.09.170 of this ordinance.

14. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

15. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section

8.09.090.

8.09.090 Commercial Edible Food Generator Requirements
A. Tier One Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2022. Tier two Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2024.

B. A Large Venue or Large Event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. A Commercial Edible Food Generator shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for

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Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
ii. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

1. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

2. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

3. The established frequency that food will be collected or selfhauled.

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

8.09.100 Waivers for Generators
A. De Minimis Waivers. A City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in

8.09.100(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.11.100(A)(2) below.

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2. Provide documentation that either:
i. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, ii. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

3. Notify City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.

B. Physical Space Waivers. City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of 8.09.080.

A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.

C. Collection Frequency Waiver. City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three-, three-plus, or twocontainer Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.

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D. Review and Approval of Waivers. The City Manager, or designee will review and approve waivers.

8.09.110 Enforcement
A. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

C. Responsible Entity for Enforcement.

1. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.

2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official.
i. City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. ii. City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if used) may issue Notices of Violation(s).

D. Process for Enforcement.

1. City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring).

2. City may issue an official notification to notify regulated entities of its obligations under the ordinance.

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3. For incidences of Prohibited Container Contaminants found in containers, City may issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication upon identification of the Prohibited Container Contaminants or within 10 days after determining that a violation has occurred. If the City observes Prohibited Container Contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents addressed under 8.11.110(D)(3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City’s guidelines/requirements contained in 8.11.110 (K), Table 1 List of Violations.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the official address of the owner maintained by the tax collector for the County of Kern, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying the collection services, depending upon the available information.

E. Penalty Amounts for Types of Violations. The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $50.00 per violation.

2. For a second violation, the amount of the base penalty shall be $150.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $500.00 per violation.

F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with 8.11.110 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

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3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance. Beginning January 1, 2022, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to 8.11.110, as needed.

J. Enforcement Table: Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement

8.09.080
Commercial Business fails to provide or arrange for Organic Waste collection services consistent with City requirements and as outlined in this ordinance, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.

Organic Waste Generator
Requirement

8.09.070,8.09.080,8.09.090
Organic Waste Generator fails to comply with requirements adopted pursuant to this ordinance for the collection and Recovery of Organic Waste.

Hauler Requirement

8.09.080
A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this ordinance.

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Hauler Requirement

8.09.160
A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the City to haul Organic Waste as prescribed by this ordinance.

Hauler Requirement

8.09.160
A hauler fails to keep a record of the applicable documentation of its approval by the City, as prescribed by this ordinance.

Self-Hauler Requirement

8.09.170
A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).

Commercial Edible Food
Generator Requirement

8.09.180
Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2022.

Commercial Edible Food
Generator Requirement

8.09.080
Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2024.

Commercial Edible Food
Generator Requirement

8.09.080
Tier One or Tier Two Commercial Edible Food Generator intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.

Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service

8.09.080, 8.09.090
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements for
Commercial Edible Food
Generator

8.09.090
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by 8.11.080.

Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations

8.09.150
A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by

8.11.150.

8.09.120 Model Water Efficient Landscaping Ordinance Requirements A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall

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comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this 8.09.160.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in 8.09.120(A) above shall:

1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
i. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
ii. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
iii. Organic mulch materials made from recycled or post-consumer materials meeting procurement requirements under 14 CCR, Division 7, Chapter 12, Article 12 shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in 8.09.120(a) shall consult the full MWELO for all requirements.

D. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Citys to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those

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required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

8.09.130 Procurement Requirements for City Departments, Direct Service Providers, and Vendors
A. City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy, and RecycledContent Paper procurement policy.

B. All vendors providing Paper Products and Printing and Writing Paper shall:

1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.

2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

5. Provide records to the City’s Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the City’s Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and nonrecycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in

8.09.130(B)(3) and 8.09.130(B)(4) of this ordinance for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of

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why Recycled-Content Paper Products or Printing and Writing Papers were not provided.

8.09.140 Inspections and Investigations by City. City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with 8.09.080(2) of this ordinance, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Business shall accommodate and cooperate with the Remote Monitoring pursuant to 8.09.080 (11) of this ordinance.

Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

A. Any records obtained by a City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

B. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

C. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.09.150 Requirements for Food Recovery Organizations and Services, City, and Regional Agencies
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

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1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service Transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1 of each year.

8.09.160 Requirements for Haulers and Facility Operators A. Requirements for Haulers.

1. An Exclusive Franchised Hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
i. Through written notice to the City annually on or before December 31st ,2o22, identify the facilities to which they will transport Organic Waste

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including facilities for Source Separated Recyclable Materials, Source Separate Green Container Organic Waste, and Mixed Waste. ii. Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
iii. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, sections of this Chapter dealing with hauling, and City’s C&D ordinance.

2. An Exclusive Franchised Hauler authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

3. A Hauler is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this ordinance prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

4. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit Haulers from meeting compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time, or being relieved of, or delaying compliance with such requirement pursuant to SB 619
B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste

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anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

8.09.170 Self-Hauler Requirements
A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in 8.09.170 (c) to City for each quarter on March 1, June 1, September 1, and December 1 of each year.

E. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in 8.09.170 (C) and (D).

8.09.180. Compliance with CALGreen Recycling Requirement A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required

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components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.

Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements.

B. For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City’s permit approval, comply with the following:

1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with the City’s C&D ordinance, Section 8.08.180 of the City’s municipal code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

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 City, 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

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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 (30) calendar days after its adoption.

Section 5. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation or posted according to law.
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I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council of the City of Arvin after waiving reading, except by Title, at a regular meeting thereof held on the 22nd day of February 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.B.2
Attachment: Ord Adding Chpt 8.09 to AMC re Mandatory Organic Waste Disposal Reduction_022222 (Public Hearing - 1st Reading - Ordinance

Arvin City CouncilFebruary 22, 2022

Arvin City Council
February 22, 2022