Agenda — Arvin City Council, December 13, 2022 (part 2 of 2)

Attachment C

NON-COLLUSION AFFIDAVIT
COUNTY OF ______________________
(Title) (Proposer Name)
submitting the foregoing RFP Proposal (“the PROPOSER”). In connection with the foregoing RFP Proposal, the undersigned declares, states and certifies that:

1. The RFP Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. The RFP Proposal is genuine and not collusive or sham.

3. The PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham RFP Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any other PROPOSER or anyone else to put in sham RFP Proposal, or to refrain from submitting this RFP Proposal.

4. The PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the RFP price, or that of any other PROPOSER, or to fix any overhead, profit or cost element of the RFP price or that of any other PROPOSER, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.

5. All statements contained in the RFP Proposal and related documents are true.

6. The PROPOSER has not, directly or indirectly, submitted the RFP price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham RFP.

Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

Executed this ____ day of ___________, 20__ at _________________________________. (City, County and State)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

By: _________________________________
Printed Name: _________________________
Title: ________________________________
Bakersfield, Kern County, California
Amber Aguayo

CFO/COO
Kern
I am the __________________________ of CFO/COO ________________________, the party 21st November 22
Quad Knopf, Inc., dba QK

5.G.3
Attachment: Kovacevich Park Field of Dreams - QK Proposal - 11.22.2022 (Reso to Award PSA to QK for Kovacevich Park Project) Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 24 Appendix A | Exhibit
Construct new 45 degree parking
stalls with wheel stops (55 total)
Construct new 90 degree
parking stalls with wheel
stops (7 total)
Construct new 40,500 SF asphalt pavement
3"AC/5"AB
Construct new decorative bollards
spaced every 10 feet and steel chain Remove perimeter fence wf
wf
wf
wf
wf
Construct new water fountain
plumbed to potable water
system - 6 total

W W W W W W W W W W W W

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W W W W W W W W W W W W W W W W W W
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Renovate and connect 2 bathrooms
to potable water system
Construct new PVC water line
1,400 LF total
Connect to water main
downstream of meter
Solar walking path light
- 13 total
Renovate and replace 3
foot fence around T-ball
field with new fence and
mow strip - 550 LF
Remove backstop, dugouts, and
bleachers. Replace and construct
new structures with canopies
Remove and replace 3
and 6 foot fence field with
new fence and mow strip
- 550 LF of 3'
-160 LF of 6'
Remove backstop, dugouts,
and bleachers. Renovate and
replace with new structures
with shade canopies
Construct new LED stadium
light (non-solar) - 3 total
Renovate and replace 4
existing stadium light
standards with LED
standard

KOVACEVICH PARK

PRELIMINARY LAYOUT
Remove play structure, surface,
and subsurface. Construct new
surface, construct new play
equipment, and shade structures.

Remove bleachers and renovate
with batting cage with canopy
2 total (one on other side of field)
Renovate and resurface existing
basketball court, restripe, remove and
replace backboards and poles, install
new benches and trash cans around
Remove and renovate existing picnic
tables, benches, and trash cans
throughout park
Note: Proposed project will necessitate various modifications to the existing underground irrigation system. Modifications will be made to existing sprinkler heads, pipes, valves, timers, controllers etc.

Renovate 2 existing
bathrooms: fixtures,
lights, etc

5.G.3
Attachment: Kovacevich Park Field of Dreams - QK Proposal - 11.22.2022 (Reso to Award PSA to QK for Kovacevich Park Project) (800) 955-7599 | QKinc.com 25
Appendix B | Rate Schedule Charge Rate Schedule

5.G.3
Attachment: Kovacevich Park Field of Dreams - QK Proposal - 11.22.2022 (Reso to Award PSA to QK for Kovacevich Park Project) Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 26 QK Project Manager: Cathy Williams, PE
Project Name: Kavacevich Park Field of Dreams and Baseball Teams Project QK Proposal No. P220620 Assistant Project ManagerPrincipal Engineer (Cowart)Senior Engineer (Williams)Project Engineer (Godett)Senior Associate EngineerSenior C ADD Designer
Senior Surveyor(Walker, Achee)Senior Associate Surveyor2-Person Survey Crew - PREV AILIN
G W
A
GE (South)
Sr. Construction Manager (Thompson)Assistant PlannerSr. Landscape Architect(McGee, Ignacio)Total HoursT O
T

AL LABOR
Subconsultant Fee MiscellaneousExpensesRepro/Printing ExpensesTravelExpensesMileageT O
T
AL
N
O

N-LABOR
EXPEN
SES
T
O
T
ALS
$110 $250 $210 $180 $160 $133 $180 $150 $355 $170 $95 $160 $0 $0.67

0.0 0.0 0.0 0.0 0.0 0.0 13.5 94.0 48.0 0.0 0.0 0.0 155.5 $33,570 $0 $0 $0 $0 $0 $0 $33,570

2.0 0.0 12.0 0.0 0.0 12.0 0.0 0.0 0.0 0.0 8.0 38.0 72.0 $11,176 $0 $0 $0 $0 $0 $0 $11,176 Task 3.0 – Construction Documents (95% & 100% Completion)

3.1 - Landscape & Irrigation Plans 5.0 5.0 0.0 0.0 0.0 34.0 0.0 0.0 0.0 0.0 5.5 46.0 95.5 $14,205 $0 $0 $0 $0 $0 $0 $14,205

3.2 - Site Improvement Plans 1.0 0.0 0.0 0.0 0.0 34.0 0.0 0.0 0.0 0.0 4.0 28.0 67.0 $9,492 $0 $0 $0 $0 $0 $0 $9,492

3.3 - Civil Engineering Plans 1.0 0.0 6.0 16.0 70.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 93.0 $15,450 $0 $0 $0 $0 $0 $0 $15,450

3.4 CASp Review 0.0 0.0 2.0 8.0 0.0 0.0 0.0 0.0 0.0 10.0 0.0 0.0 20.0 $3,560 $0 $0 $0 $0 $0 $0 $3,560

3.5 - Electrical & Lighting Plans (RSE) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0 $17,250 $0 $0 $0 $0 $17,250 $17,250

7.0 5.0 8.0 24.0 70.0 68.0 0.0 0.0 0.0 10.0 9.5 74.0 275.5 $42,707 $17,250 $0 $0 $0 $0 $17,250 $59,957

1.0 0.0 0.0 16.0 6.0 4.0 0.0 0.0 0.0 0.0 0.0 8.0 35.0 $5,762 $0 $0 $0 $0 $117 $117 $5,879

10.0 5.0 20.0 40.0 76.0 84.0 13.5 94.0 48.0 10.0 17.5 120.0 538.0 $93,215 $17,250 $0 $0 $0 $117 $17,367 $110,582

0.0 0.0 6.0 28.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 68.0 $11,740 $0 $0 $0 $0 $370 $370 $12,110

10.0 5.0 26.0 68.0 82.0 84.0 13.5 94.0 48.0 10.0 17.5 148.0 606.0 $104,955 $17,250 $0 $0 $0 $487 $17,737 $122,692 Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed per our attached Charge Rate Schedule.

2. Tasks billed by fixed fees will be invoiced monthly based on the percentage of work completed.

3. Additional Services requested in writing and approved by the client will be provided on a time-and-materials basis.

4. Fees for field surveying activities are subject to the payment of Prevailing Wages for Kern County.

Task 5.0 – Construction Support (Optional Service)
GRAND TOTAL (All Tasks)
Task 5.0 - Subtotal
Task 1.0 - Subtotal
Task 3.0 - Subtotal
Task Description
Client Name: City of Arvin
Personnel Hours (Labor Classification) Subconsultant Expenses

PROJECT BUDGET
TOTAL (Tasks 1.0 - 4.0 Only)
Task 2.0 - Subtotal
Labor Rates
Task 1.0 - Topographic Survey
Task 2.0 – Conceptual Design (30% Completion)
Task 4.0 – Bidding Support
Task 4.0 - Subtotal
11/22/2022 Page 1 of 1
Appendix C | Project Budget

5.G.3
Attachment: Kovacevich Park Field of Dreams - QK Proposal - 11.22.2022 (Reso to Award PSA to QK for Kovacevich Park Project) (800) 955-7599 | QKinc.com
MERCED
(209) 7230-2066
2816 Park Avenue
Merced, California 95348

BAKERSFIELD
(661) 616-2600
5080 California Avenue, Suite 220
Bakersfield, California 93309

PORTERVILLE
(559) 781-2700
150 West Morton Avenue
Porterville, California 93257
CLOVIS
(559) 449-2400
601 Pollasky Avenue, Suite 301
Clovis, California 93612

VISALIA - HEADQUARTERS
(559) 733-0440
901 East Main Street
Visalia, California 93292

5.G.3
Attachment: Kovacevich Park Field of Dreams - QK Proposal - 11.22.2022 (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. __________

AGREEMENT FOR THE DEVELOPMENT OF CONCEPT PLANS, CONSTRUCTION PLANS, AND BID DOCUMENTS FOR THE KOVACEVICH PARK “FIELD OF DREAMS AND BASEBALL TEAMS” PROJECT

PROFESSIONAL CONSULTANT SERVICES

BETWEEN

CITY OF ARVIN, CALIFORNIA,
AND
QK, INC.

THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and QK, Inc. (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services: Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.

WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

AGREEMENT

1. TERM OF AGREEMENT.

1.1. This Agreement shall be effective on and from the 13th Day of December, 2022 of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in “Attachment A” and “Attachment B” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
final data, reports, and deliverables as described in Attachment A no later than March 30, 2022, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).

2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment “A” which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”

2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.

2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B).

3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment B, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.

3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.

Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

3.3. The amount set forth in Attachment B may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

4. SUBCONTRACTING.

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT B).

5.1. Attachment B is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.

5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.

6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Change Order prior to the commencement of any revision waives Contractor’s right to payment for such additional services.

7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Jeff Jones, its City Manager, to represent the City in all matters within the scope of this Contract relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.

The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to the Consultant.

8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.

9. TERMINATION OF AGREEMENT.

9.1. Termination for Convenience. City may terminate this Contract for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.

9.2. Termination for Breach of Contract.

9.2.1. Except as provided in Attachment “C”, if Consultant fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, City may give Consultant written notice of the default.

City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within the period allowed by City, then City may terminate this Contract due to Consultant’s breach of this Contract.

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

9.2.2. If the default under this Contract is due to Consultant’s failure to maintain the insurance required under this Contract, Consultant shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.

9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Contract.

9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Contract or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Contract.

9.2.5. Acts of Moral Turpitude
a. Consultant shall immediately notify City if Consultant or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Contract. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Contract after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Contract.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Contract, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.

9.2.6. In the event City terminates this Contract as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.

9.2.7. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.

9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

9.3. In the event that this Contract is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Contract within five (5) working days of the termination.

10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

11. OWNERSHIP OF DOCUMENTS.

11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.

11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.

12. INDEPENDENT CONTRACTOR.

12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent Contract and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.

13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.

13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers.

13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or

5.G.4
Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project)

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

15. INSURANCE.

15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.

Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.

A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

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Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.

C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.

D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may

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condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.

F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.

16. DISPUTES.

16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.

B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

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16.2. If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review.

The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.

This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

17. CONFLICT OF INTEREST. Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.

18. CONSULTANT’S BOOKS AND RECORDS.

18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an

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alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.

19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
If to Consultant: Jeff Cowart, PE
5800 California Avenue
Bakersfield, CA. 93309
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.

20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

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20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.

20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.

20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.

22. ACCESS AND ACCOMMODATIONS

22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.

Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;

22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;

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22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;

22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and

22.5. The buildings and facilities used to provide services under this Contract are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.

Consultant understands that City is relying upon these certifications and representations as a condition to funding this Contract. Any subcontract entered into by Consultant for work to be performed under this Contract must include an identical provision. [Signature Page Follows]

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IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.
“CITY” “CONSULTANT”

CITY OF ARVIN,
a municipal corporation
By: __________________________
Jeff Jones, City Manager

Dated: _______________, 202__
ATTEST:

Cecilia Vela, City Clerk
Insert Name
Insert Entity Type
By: ____________________________
Name: Jeff Cowart
Title: VP of Municipal Services
Dated: ______________, 202__
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney

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“ATTACHMENT “A”
Scope of Work
Project Approach
The grant received from the 2022 California Department of Parks and Recreation 2018 Parks Bond Act Grant stipulates a set of tasks and deliverables that are included in the grant agreement with the City. The following scope of services reflects the tasks and products based on the grant application. Proposers may suggest enhancements to the scope that they feel will strengthen the project outcomes.

Scope of Work
The project purpose includes focused rehabilitation of an existing park and will consist of developing concept plans, construction plans, and bid documents for the park improvements.

Produce improvement plans based on site amenity selection, play structure selection, site improvement cost estimates, specifications, and provide bidding, construction for the improvements. Prepare construction documents required to build the park including the demolition plan, landscape plan, irrigation plan, site dimension plan, site grading plan, play equipment plan, electrical and lighting plan, details, and specifications.

At a minimum, the consultant will be responsible for the following:

1. Meeting(s) to discuss and schedule planned activities.

2. Improve Baseball Fields
a. Remove outer bleachers and renovate with batting cage with canopy - 2 total b. Remove backstop, dugouts, and main bleachers
c. Renovate and replace with new structures with shade canopies d. Remove and replace 3-foot and 6-foot fence field with new fence and mow strip
i. 550 LF of 3-foot fence
ii. 160 LF of 6-foot fence
e. Renovate and replace 4 existing stadium light standards with LED standard

3. Improve Tee-ball Fields
a. Remove backstop, dugouts, and bleachers
b. Replace and construct new structures with canopies
c. Renovate and replace 3-foot fence around Tee-ball field with new fence and mow strip - 550 LF
d. Construct new LED stadium light (non-solar) - 3 total

4. Improve Playground Area
a. Remove play structure, surface, and subsurface
b. Cesar Chavez Conservation Corps can assist with demolition and recycling of playground materials
c. Construct new surface
d. Construct two new play area structures for children 2-12 years of age with

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ADA access with shade structures utilizing equipment purchased by the City from Dave Bang Group

5. Improve Basketball Court
a. Renovate and resurface existing basketball court and restripe b. Remove and replace backboards and poles
c. Install new benches and trash cans around

6. Improve Park Amenities
a. Renovate and connect 2 bathrooms to potable water system b. Renovate 2 existing bathrooms: fixtures and lights
c. Remove and renovate existing picnic tables, benches, and trash cans throughout park
d. Remove perimeter fence
e. Construct solar walking path light - 13 total
f. Connect to water main downstream of meter
g. Construct new PVC water line - 1,400 LF total
h. Construct new water fountain plumbed to potable water system - 6 total i. Construct new decorative bollards spaced every 10 feet and steel chain

7. Improve Parking Lot
a. Construct new 45-degree parking stalls with wheel stops - 55 total b. Construct new 90-degree parking stalls with wheel stops - 7 total c. Construct new 40,500 SF asphalt pavement 3"AC/5"AB

8. Provide Topographic site survey
a. Survey park site

9. Other services as may be required and incorporated by reference in the November 22,2022 QK Inc. bid attached.

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ATTACHMENT B
Payment for Services, Project Budget, Project Schedule and Timeline Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the DESCRIBED SERVICES as mentioned in Attachment A. QK shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and close-out.

Timeline and Fee Proposal:

Timeline & Fee Proposal (Flat Rate, Not to Exceed Costs) No. Timeline Task Hours Rate
($)
Total ($) Staff

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16. TOTAL COST ($) 122,692.00

17. * The timeline will be fine-tuned based on contract approval date and city’s expectations

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Attachment: Professional Consultant Services Agmt 2022 DRAFT (Reso to Award PSA to QK for Kovacevich Park Project) Staff Report Deferral of Development Impact Fee Policy – 2022 Page 1 of 4

CITY OF ARVIN
Staff Report
Meeting Date: December 13, 2022
TO: Arvin City Council
FROM: Jake Raper, Consultant Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin Establishing a Development Impact Fee Deferral Policy for Affordable Housing, In-Fill, Commercial, Industrial Development and Acceptance of CEQA Determination that the Policy does not Constitute a Project Under CEQA.

BACKGROUND:

The City of Arvin relies on a Development Impact Fee (DIF) program to fund and construct infrastructure necessary to serve new development. The City of Arvin’s DIFs were created by studying and projecting the infrastructure necessary to serve the community as it grows in compliance with the General Plan. The DIF program has a list of capital improvement projects necessary to serve anticipated new development. As DIFs’ are collected, projects from an established capital improvement project list are prioritized based on actual development in the community. The collected DIFs are used to fund the prioritized projects on the list. As of 2022, the City of Arvin has adopted Development Impact Fees for Traffic, Wastewater, Police, and has adopted Quimby Fees for the development of parks. The city may in the future prepare additional studies to update, modify, and or expand the development impact fee that is associated with new development. Such studies and future Development Impact Fees may be for Storm Drainage, updating of Police Impact Fees, Public Facilities for City Administration, Public Works Operational Facilities, Public Art, etc.

The DIF Deferral Policy allows payment of DIFs over the course of four (4) years. The first payment, equal to twenty percent (25%) of the total DIF, is due one (1) year from the date of building permit issuance. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by three (3) years from the date of building permit issuance.

Fee Deferrals will be secured by one of the following:
• Assigned passbook or certificate of deposit; or
• Irrevocable letter of credit; or
• Surety bond; or
• Lien against the property; or
• Negotiable securities if approved by the City Council; or • Reservation of funds within the escrow account of the senior lender.

5.H.1
Attachment: 1 - Staff Report DIF Deferral Policy_121322 (Development Impact Fee Deferral Policy) Staff Report Deferral of Development Impact Fee Policy – 2022 Page 2 of 4 Arvin Development Impact Fees – Updated August 20, 2018 IMPACT FEE – UPDATED 2018
Type of Land Use
Police Parks Sewer Traffic
Water
Contact Arvin
Community
Services
District
(651) 854-
2127
Schools
Contact
Arvin Union
School
District
(661-854-
6500)
Residential
single family dwelling $150/unit $3,565/unit $4,400/unit $3,942.84/Unit Contact ACSD Contact AUSD
duplex $100/unit $3,565/unit $4,400/unit $2,739.80/unit triplex $100/unit $3,565/unit $3,960/unit $2,739.80/unit 4-plex or larger $100/unit $3,565/unit $3,960/unit $2,739.80/unit motels and hotels $350/acre $1,320/unit $7,874/1000 sq. ft. convalescent hospitals $350/acre $1,320/bed $7,874/1000 sq.ft. rest/nursing homes $350/acre $1,320/bed $7,874/1000 sq. ft.

Commercial
small retail shops/offices $350/acre $4,400/bldg. $7,874/1000 sq. ft. laundries/dry cleaners $350/ace $2,112/machine $7,874/1000 sq. ft. medical/dental offices $350/acre $11,000/bldg. $7;874/1000 sq. ft. supermarkets $350/acre $158,400/bldg. $7,874/1000 sq. ft. grocery stores $350/acre $16,280/bldg. $7,874/1000 sq.

Restaurant less than 35 ft.
seats
$350/acre $25,080/bldg. $7,874/1000 sq. ft.

Restaurant 35 seats or
larger $350/acre $25,080/bldg. $7,874/1000 sq. ft.
bars/taverns/lounges $350/acre
$15,840/bldg.
$7,874/1000 sq. ft.
car washes $350/acre $7,700/bldg $7,874/1000 sq. ft.
service stations $350/acre $6,160/bldg. $7,874/1000 sq. it. auto repair shops $350/acre $6,160/bldg. $7,874/1000 sq. ft. mortuaries and kennels $350/acre $6,600/bldg. $7,874/1000 sq. ft Recreational uses $350/acre $17 600/facility $7,874/1000 sq. ft.

Quasi-Public/Public
churches $350/acre $4,840/bldg. $7,874/1000 sq. ft.
schools $350/acre $136/student $7,8741/000 sq. ft.

Industry 2
food processing $350/acre $25,080/bldg. $7,874/1000 sq. ft. light manufacturing uses $350/acre $4,400/bldg. $7,874/1000 sq. ft.

Public/Private Uses
Not listed Listed use with 14 employees or
less
$350/acre $4 400/use $7j874/1000 sq. ft.
use with 15 employees or
more
$350/acre
$4,400 plus
$2,200 per
employee
$7,874/1000 sq. ft.

5.H.1
Attachment: 1 - Staff Report DIF Deferral Policy_121322 (Development Impact Fee Deferral Policy) Staff Report Deferral of Development Impact Fee Policy – 2022 Page 3 of 4 The City of Arvin, by City Council policy, requires payment of the Development Impact Fees (DIFs) prior to issuance of building permits. While the payment of DIFs is ultimately necessary to fund the new infrastructure, more often than not, the new infrastructure funded by DIFs is not constructed at the same time as the new development project, because the new infrastructure is intended to serve larger areas as opposed to only specific sites. Development projects are required to pay for and construct infrastructure facilities such as road frontages, sewer line extension, water line extension, landscaping and irrigation, and storm drainage containment for the project. The DIF program facilitates development of critical infrastructure over time.

Staff is proposing that the City Council authorize the City Manager to be authorized to enter into a development impact deferral agreement only where is determined that the development is not financially viable due to the collection of the development impact fee at the time of building permit issuance. Where the City Manager determines that the deferral is not immediately needed for the continued implementation and/or construction of the specific infrastructure, for example sewer improvements. The project applicant must provide financial documentation that the payment of the DIF at building permit issuance would result in the development project not being constructed.

The City Manager may enter into an agreement, allowing the DIF deferral payment over the course of four (4) equal payments, maximum period for deferral. The first payment, equal to twenty percent (25%) of the total DIF, is due at building permit issuance. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by three (3) years from the date of building permit issuance. Deferral of DIF payments will be subject to the most current market interest rates for the unpaid balance as determined by the Finance Director.

ENVIRONMENTAL:

Staff has reviewed the proposed policy for DIF deferment and is recommending the City Council finds that the adoption of development impact fee deferral policy does not constitute a project under the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines §15378(b)(4). The development impact fee deferral proposed policy are for the purpose of defraying the costs borne by the City in providing certain services and conducting regulatory activities as required by City's Municipal Code. The collection of DIF’s is for the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Staff in reviewing the CEQA Guidelines concluded that even if the adoption of the deferral of development impact fee(s) does constitute a project under CEQA, that the adoption of the DIF Deferral Policy is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3). Staff concluded that there is no possibility that the activity in question may have a significant effect on the environment, because the adoption of the deferral of development impact fees relates only to the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to a specific project,

5.H.1
Attachment: 1 - Staff Report DIF Deferral Policy_121322 (Development Impact Fee Deferral Policy) Staff Report Deferral of Development Impact Fee Policy – 2022 Page 4 of 4 and which do not have the effect of permitting new uses within the City, instead merely providing further regulations by updating and establishing a policy for the deferral of development impact fees for a period of time. Further, Staff concluded that the adoption of deferral of development impact fee(s) is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1) and 15273 because it is for the managing and collection of development impact fees which are required for all new development for the improvement of infrastructure and are for the purpose of meeting City operating expenses. Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to the adoption of the deferral of development impact fees.

STAFF RECOMMENDATION:

Staff recommends the City Council adopt the attached resolution Establishing a Development Impact Fee Deferral Policy for Affordable Housing, In-Fill, Commercial, Industrial Development and Acceptance of CEQA Determination that the Policy does not Constitute a Project Under CEQA.

FINANCIAL IMPACT:

Approval of the Development Impact Fee Deferral Policy allows deferral of payment until up to three (3) years after issuance of Building Permits. The policy ultimately requires full payments and does not result in an overall loss of DIF funds. DIF funds that are not collected prior to construction will not be available for DIF projects. Therefore, the policy may have an impact on the timing of DIF improvement projects. The City Manager in coordination with the Finance Director, may enter into a deferment payment agreement where it is determined to be in the best interest of the city.

ATTACHMENT:

A Resolution of the City Council of the City of Arvin Establishing a Development Impact Fee Payment Deferral Policy for Affordable Housing, In-Fill, Commercial, Industrial Development and Acceptance of CEQA Determination that the Policy does not Constitute a Project Under CEQA.

5.H.1
Attachment: 1 - Staff Report DIF Deferral Policy_121322 (Development Impact Fee Deferral Policy)

Page 1 of 4 ends

Reso Establishing Dev. Impact Fee Deferral Policy for Affordable Housing, In-fill, Commercial, & Industrial Development.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ESTABLISHING A DEVELOPMENT IMPACT FEE DEFERRAL

POLICY FOR AFFORDABLE HOUSING, IN-FILL, COMMERCIAL,

INDUSTRIAL DEVELOPMENT AND ACCEPTANCE OF CEQA

DETERMINATION THAT THE POLICY DOES NOT CONSTITUTE A
PROJECT UNDER CEQA.

WHEREAS, the City of Arvin relies on a Development Impact Fee (DIF) program to fund and construct infrastructure necessary to serve new development; and WHEREAS, the City of Arvin currently requires payment of the Development Impact Fees prior to issuance of building permits; and
WHEREAS, the City of Arvin recognizes the economic reality of commercial and industrial development; and
WHEREAS, the City of Arvin wishes to support and encourage commercial and industrial, development; and
WHEREAS, in order to support and encourage affordable housing, in-fill, commercial and industrial development, the City of Arvin is establishing a Development Impact Fee Payment Deferral Policy; and
WHEREAS, the Development Impact Fee Deferral Policy applies to affordable, in-fill, commercial and industrial development; and
WHEREAS, the Development Impact Fee Deferral Policy does not apply to fees collected on behalf of other agencies; and
WHEREAS, the City Council authorizes the City Manager to enter into a development impact deferral agreement only where is determined that the development is not financially viable due to the collection of the development impact fee at the time of building permit issuance; and
WHEREAS, the City Council authorizes the City Manager, to make determination that the deferral is not immediately needed for the continued implementation and/or construction of the specific infrastructure, for example sewer improvements; and WHEREAS, the City Manager shall require the project applicant to provide financial documentation that the payment of the DIF(s) at building permit issuance would result in the development project not being constructed; and
WHEREAS, the City Manager, is authorized to enter into an agreement, allowing the DIF deferral payment over the course of four (4) equal payments, maximum period for deferral; and

5.H.2
Attachment: 2 - Reso DIF Deferral Policy_121322 [Revision 1] (Development Impact Fee Deferral Policy)

Page 2 of 4 ends

Reso Establishing Dev. Impact Fee Deferral Policy for Affordable Housing, In-fill, Commercial, & Industrial Development.

WHEREAS, the first payment, equal to twenty five percent (25%) of the total DIF, is due at building permit issuance. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by three (3) years from the date of building permit issuance. Deferral of DIF payments will be subject to the most current market interest rates for the unpaid balance as determined by the Finance Director.

Fee Deferrals will be secured by one of the following:

The Development Impact Fee Deferral Policy allows payment of DIFs over the course of three (3) years subject to the following:

1. The first payment is due upon issuance of the building permit. Three annual payments would be due each year thereafter, on or before the date of building permit issuance.

2. Final and full payment would be collected by three (3) years from the date of building permit issuance.

3. Each annual payment would be equal to twenty five percent (25%) of the total DIF (plus any applicable interest).

4. DIF Deferral must be secured by one of the following:
a. Assigned passbook or certificate of deposit.
b. Irrevocable letter of credit.
c. Surety bond.
d. Lien against the property.
e. Negotiable securities if approved by the City Council. f. Reservation of funds within the escrow account of the senior lender.

WHEREAS, The City Council finds that the adoption of development impact fee deferral policy pursuant to this Resolution does not constitute a project under the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines §15378(b)(4), because the development impact fee deferral contemplated by this Resolution are for the purpose of defraying the costs borne by the City in providing certain services and conducting regulatory activities pursuant to the City's Municipal Code, and therefore are for the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Furthermore, even if the adoption of the deferral of development impact fee(s) pursuant to this Resolution does constitute a project under CEQA, the City Council finds and determines that said action is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3), in that there is no possibility that the activity in question may have a significant effect on the environment, because the adoption of the deferral of development impact fees relates only to the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to a specific project, and which do not have the effect of permitting new uses within the City, instead merely providing further regulations by updating and establishing a policy for the deferral of development impact fees for a period of

5.H.2
Attachment: 2 - Reso DIF Deferral Policy_121322 [Revision 1] (Development Impact Fee Deferral Policy)

Page 3 of 4 ends

Reso Establishing Dev. Impact Fee Deferral Policy for Affordable Housing, In-fill, Commercial, & Industrial Development. time. Additionally, the adoption of deferral of development impact fee(s) pursuant to this Resolution is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1) and 15273 because it is for the managing and collection of development impact fees which the City Council finds are for the purpose of meeting City operating expenses. Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to the adoption of the deferral of development impact fees pursuant to this Resolution.

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby approve the “City of Arvin Development Impact Fee Payment Deferral Policy”.

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 13th day of December 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.

5.H.2
Attachment: 2 - Reso DIF Deferral Policy_121322 [Revision 1] (Development Impact Fee Deferral Policy)

Page 4 of 4 ends

Reso Establishing Dev. Impact Fee Deferral Policy for Affordable Housing, In-fill, Commercial, & Industrial Development.

EXHIBIT A

CITY OF ARVIN DEVELOPMENT IMPACT FEE PAYMENT DEFERRAL POLICY 1) This development impact fee payment deferral policy applies to new affordable, in-fill, commercial and industrial development only. The Development Impact Fee Deferral Policy does not apply to fees collected on behalf of other agencies.
2) A Development Impact Deferral Agreement is entered into only where it is determined that the development is not financially viable to the collection of the development impact fee at the time of issuance of building permit.
3) The City Manager shall make the determination as to whether the deferral is not immediately needed for the continued implementation and/or construction of the specific infrastructure, for example sewer improvements.
4) The City Manager shall require the project applicant to provide financial documentation that the payment of the DIF(s) at building permit issuance would result in the development project not being constructed.
5) The City Manager is authorized to enter into an agreement, allowing the DIF deferral payment over the course of four (4) equal payments (maximum period for deferral). 6) Payment is required prior to issuance of building permits. The first payment, equal to twenty five percent (25%) of the total DIF, is due at building permit issuance. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by three (3) years from the date of building permit issuance. Deferral of DIF payments will be subject to the most current market interest rates for the unpaid balance as determined by the Finance Director. 7) Fee Deferrals will be secured by one of the following:

Assigned passbook or certificate of deposit; or
Irrevocable letter of credit; or
Surety bond; or
Lien against the property; or
Negotiable securities if approved by the City Council; or Reservation of funds within the escrow account of the senior lender. 8) The Development Impact Fee Deferral Policy allows payment of DIFs over the course of three (3) years subject to the following:
a. The first payment is due upon issuance of the building permit. Three annual payments is due each year thereafter, on or before the date of building permit issuance. b. Final and full payment to be collected by three (3) years from the date of building permit issuance. c. Each annual payment would be equal to twenty five percent (25%) of the total DIF (plus any applicable interest).
d. DIF Deferral must be secured by one of the following:
i. Assigned passbook or certificate of deposit; or
ii. Irrevocable letter of credit; or
iii. Surety bond; or
iv. Lien against the property; or
v. Negotiable securities if approved by the City Council; or vi. Reservation of funds within the escrow account of the senior lender.

5.H.2
Attachment: 2 - Reso DIF Deferral Policy_121322 [Revision 1] (Development Impact Fee Deferral Policy)

NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act.

NOTE: Place in project file until approved – then file
with Kern County Clerk

AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 30 days for the filling date.

TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office , 661-854-0817 Fax
Project title: City of Arvin Establishing a Development Impact Fee Deferral Policy for Affordable Housing, In-Fill, Commercial, Industrial Development and Acceptance of CEQA Determination that the Policy does not Constitute a Project Under CEQA.

Project location: Deferment Policy for Development Impact Fees Assessor Parcel Number(s): City Wide
Description of nature, purpose, and beneficiaries of project: The City of Arvin relies on a Development Impact Fee (DIF) program to fund and construct infrastructure necessary to serve new development. The City of Arvin’s DIFs were created by studying and projecting the infrastructure necessary to serve the community as it grows in compliance with the General Plan. The collected DIFs are used to fund the prioritized projects on the list. The DIF Deferral Policy would allow payment of DIFs over the course of four (4) years.

The first payment, equal to twenty percent (25%) of the total DIF, is due upon issuance of the building permit. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by four (4) years from the date of building permit issuance.

Name of public agency approving project: City of Arvin, CA – City Council Name and person or agency
carrying out the project
City of Arvin
Exempt status: CEQA Guidelines §15378(b)(4); General Rule Exemption (Sections 15061(b (1) and (b)(3) Reasons why project is exempt: The adoption of development impact fee deferral policy does not constitute a project under the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines §15378(b)(4). The collection of DIF’s is for the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Staff in reviewing the CEQA Guidelines concluded that even if the adoption of the deferral of development impact fee(s) does constitute a project under CEQA, that the adoption of the DIF Deferral Policy is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3). The adoption of deferral of development impact fee(s) is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1) and 15273 because it is for the managing and collection of development impact fees which are required for all new development for the improvement of infrastructure and are for the purpose of meeting City operating expenses. Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to the adoption of the deferral of development impact fees. The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. No structures are proposed to be demolished, nor would the project have a significant adverse impact on a historic resource. The City Council therefore directs that the Notice of Exemption be filed with Kern County Clerk in accordance with the City of Arvin’s Guideline for the implementation of CEQA.

Contact person: Jake Raper, Planning Division, 141 Plumtree Drive, Arvin, CA 93203 Signature/Title/ Date:
________________________ /___________
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.

5.H.3
Attachment: 3 - Notice of Exemption_DIF Deferral Policy_121322 (Development Impact Fee Deferral Policy)

CITY OF ARVIN
Staff Report
Meeting Date: December 13, 2022
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Authorizing the Application to the State of California, Department of Housing and Community Development’s (HCD) Higher Impact Transformative (HIT) Allocation of the Regional Early Action Planning Grants Program (REAP 2.0); and Authorizing the Execution of Related Grant Documents.

BACKGROUND:

The State of California Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability on November 9, 2022, for REAP 2.0 HIT Allocation funds available to Eligible Entities. The City can apply for up to $10,000,000 for its proposed project, “Keeping it Green in the San Joaquin.”
The project will build 50 units of energy-efficient affordable housing on 4th Street and provide a transit stop, electric vehicle charging, solar carports, and bike lanes, with access to services within walking distance of the housing complex. Arvin’s project is highly transformative and will have a long-lasting positive economic development impact on the community. The city intends to ask for a maximum grant award of $10,000,000.

Kern Community College District (KCCD) has agreed to serve as the fiscal agent for the City of Arvin for this grant application.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

FINANCIAL IMPACT:

No fiscal impact.

5.I.1
Attachment: Staff Report REAP 2.0 HIT Application (Reso Authorizing an Application to HCD REAP 2.0 HIT Grant)

Page 1 of 3 ends

Reso of the City Council of the City of Arvin Authorizing the Application to REAP 2.0 HIT.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING THE APPLICATION TO THE STATE OF

CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT’S (HCD) HIGHER IMPACT TRANSFORMATIVE
(HIT) ALLOCATION OF THE REGIONAL EARLY ACTION PLANNING
GRANTS PROGRAM (REAP 2.0); AND AUTHORIZATION THE

EXECUTION OF RELATED GRANT DOCUMENTS
A necessary quorum and majority of the City Council of the City of Arvin (“Applicant”) hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $30,000,000 to Eligible Entities (“Applicant”) listed in Health and Safety Code Section 50515.08, subdivisions (a)(1)-(6) under the Higher Impact Transformative (HIT) Allocation of the Regional Early Action Planning grants program (REAP 2.0), as detailed in Health and Safety Code Section 50515.08-10; and
B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability on November 9, 2022, for REAP 2.0 HIT Allocation funds available to Eligible Entities; and C. WHEREAS, the City of Arvin, is an Eligible Entity eligible to submit a Request for Funds pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1); and,
D. WHEREAS, the Kern Community College District (KCCD), as the Fiscal Agent for the City of Arvin, is eligible to submit a Request for Funds pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1); and, E. WHEREAS the Department shall approve the Request for Funds, subject to the terms and conditions of Eligibility, Guidelines, NOFAs, Program requirements, and the Standard Agreement by and between the Department and REAP 2.0 Grant Recipients; and
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City of Arvin is hereby authorized and directed, as an eligible applicant, to partner with Kern Community College District (KCCD), serving as the fiscal agent for the City of Arvin, to request an allocation of funds not to exceed $10,000,000. (the amount allocated pursuant to Health and Safety Code section 50515.07(a) consistent with the methodology described in 50515.09(a)).

5.I.2
Attachment: Resolution REAP HIT Application 12.6. 22 Revised (Reso Authorizing an Application to HCD REAP 2.0 HIT Grant)

Page 2 of 3 ends

Reso of the City Council of the City of Arvin Authorizing the Application to REAP 2.0 HIT.

2. As a fiscal agent for the City of Arvin, the Kern Community College District (KCCD), is authorized and directed to request an allocation of funds not to exceed $10,000,000. (the amount allocated pursuant to Health and Safety Code section 50515.07(a) consistent with the methodology described in 50515.09(a)).

3. As a fiscal agent for the City of Arvin, the Kern Community College District (KCCD) is authorized and directed to execute the Request for Funds on behalf of the City of Arvin as required by the Department for receipt of REAP 2.0 funds.

4. When the City of Arvin receives an allocation of REAP 2.0 funds in the authorized amount of $ 10,000,000. from the Department pursuant to the above-referenced Request for Funds, it represents and certifies that it will use all such funds only for eligible activities as set forth in Health and Safety Code section 50515.08(c)(1), as approved by the Department and in accordance with all REAP 2.0 requirements, guidelines, all applicable state and federal statutes, rules, regulations, and the Standard Agreement executed by and between the Applicants: The City of Arvin and Kern Community College District (KCCD), as fiscal agent for the City of Arvin, and the Department.

5. When Kern Community College District (KCCD), as fiscal agent for the City of Arvin, receives an allocation of REAP 2.0 funds in the authorized amount of $ 10,000,000. from the Department pursuant to the above-referenced Request for Funds, it represents and certifies that it will use all such funds only for eligible activities as set forth in Health and Safety Code section 50515.08(c)(1), as approved by the Department and in accordance with all REAP 2.0 requirements, guidelines, all applicable state and federal statutes, rules, regulations, and the Standard Agreement executed by and between the Applicants:

6. The City Manager of the City of Arvin and the Chief Financial Officer of the Kern Community College District, as fiscal agent on behalf of the City of Arvin, is authorized to enter into, execute, and deliver a State of California Standard Agreement for the amount of $ 10,000,000., and any and all other documents required or deemed necessary or appropriate to evidence and secure the REAP 2.0 Allocation, the City of Arvin and Kern Community College District (KCCD), as fiscal agent for the City of Arvin, obligations related thereto and all amendments the Department deems necessary and in accordance with REAP 2.0.
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5.I.2
Attachment: Resolution REAP HIT Application 12.6. 22 Revised (Reso Authorizing an Application to HCD REAP 2.0 HIT Grant)

Page 3 of 3 ends

Reso of the City Council of the City of Arvin Authorizing the Application to REAP 2.0 HIT.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

5.I.2
Attachment: Resolution REAP HIT Application 12.6. 22 Revised (Reso Authorizing an Application to HCD REAP 2.0 HIT Grant)

CITY OF ARVIN

CITY COUNCIL
Staff Report
Meeting Date: December 13, 2022
TO: City Council
FROM: Jeffrey Jones, City Manager
Jake Raper, Contract Planner
SUBJECT: An Ordinance of the City Council of the City of Arvin Amending Title 16 Subdivision, Adding Section 16. 12.125 Addressing and Street Naming Background/Discussion:

The City of Arvin does not have a procedure nor has established policies and guidelines for addressing of nor naming of streets. The purpose of the adding Section 16.12.125 Addressing and Street Naming is to provide authority to the City Manager or designee to recommend addressing and street naming procedures and policies. The proposed amendment to Title 16 by adding Section

16.12.125 Addressing and Street Naming will allow the City Manager or designee to implement the City Council’s resolution and potentially amending those policies and procedures when deemed necessary and appropriate. First reading of this ordinance was held at the City Council meeting of November 08, 2022.

Recommendation:

Staff recommends the City Council consider adopting an Ordinance of the City Council of the City of Arvin amending Title 16 Subdivision; and add Section 16.12.125 Addressing and Street Naming to the Arvin Municipal Code and open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Attachments:

An Ordinance of the City Council of the City of Arvin Amending Title 16 Subdivision, adding Section 16. 12.125 Addressing and Street Naming.

6.A.1
Attachment: Staff Report - Ord to Amend Title 16 to Add Addresses and Street Naming_121322 (Public Hearing - Second Reading & Adoption of

Page 1 of 3 ends

Ord Amending Title 16 Subdivision, Adding Section 16.12.125 Addressing and Street Naming.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING TITLE 16 SUBDIVISION, ADDING SECTION 16.12.125 ADDRESSING AND STREET NAMING.

WHEREAS the City of Arvin ("the City") has the authority under Article XI, Section 7 of the California Constitution, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS the purpose of the adding Section 16.12.125 is to provide authority to the City Manager or designee to establish addressing and street naming procedures and policies; and 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 are incorporated herein.

SECTION 2. The City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely establishes authority to the City Manager or designee to establish procedures and policies for addressing and street naming within the City of Arvin. Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15300.2. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Therefore, the City Council also adopts Categorical Exemptions for this Ordinance, pursuant to CEQA Guidelines sections 15061(b)(1) and (b)(3).

SECTION 3. Section 16.12.125 Addressing and Street Naming is added to Title 16 Subdivisions, the Arvin Municipal Code by City Ordinance No. XXX, and is amended to read in its entirety as follows:

16.12.125 Addressing and Street Naming:

A. System established:

1. The City Manager or designee or designee shall establish a uniform system of addressing numbering for all buildings, structures and homes within the city.

2. The City Manager may adopt Addressing and Street Naming Policies and Procedures and shall promulgate such Policies and Procedures to those addresses within the City that may be affected thereby.

3. The City Manager or designee or designee may update and amend said Addressing and Street Naming Policies when deemed necessary and in the public interest and shall promulgate rules for numbering consistent with and pursuant to a uniform system and shall file a copy of those rules with the city clerk of the city.

B. Duty to number buildings.

It shall be the duty of every person owning, occupying or controlling any building or store fronting on a public street or avenue in the city to number the same or cause the same to be numbered

6.A.2
Attachment: Ord to Amend Title 16 to Add Section 16.12.125 Addresses and Street Naming_121322 (Public Hearing - Second Reading &

Page 2 of 3 ends

Ord Amending Title 16 Subdivision, Adding Section 16.12.125 Addressing and Street Naming. correctly and in accordance with this chapter, and it shall be the duty of any person owning, occupying or controlling any building hereafter erected within the city to so number the same within ten days after its completion or occupancy.

C. Expense borne by owner or occupant.

All buildings must be numbered at the expense of the owner, occupant or person in control thereof.

D. Dimensions and positions of numbers.

The dimensions and positions of numbers required by this chapter shall be determined by the City Manager or designee or designee who shall issue and file a regulation setting forth standards for the numbering and position.

E. Supervision of numbering—Keeping of records.

The City Manager or designee or designee shall supervise all numbering of buildings pursuant to this chapter, shall designate the street number assigned to each building, and shall keep accurate and complete records of the street numbers assigned by him to all buildings, structures and houses within the city.

F. Duty to replace or correct—Notice.

1. In case any building in the city is unnumbered or incorrectly numbered or the number thereof has become defaced or illegible, it shall be the duty of the owner or occupant of the same, to cause the same to be numbered correctly within ten days after notification to do so, given by or under the direction of the City Manager or designee or designee.

2. The notice may be served by leaving a copy thereof at the building in charge of any person, addressed “To the Owner or Occupant of this Building,” or may be given by posting the notice on the door or at the entrance way to the building.

3. The notice shall specify the correct number of the building.

4. No person shall deface, remove, or destroy any notice so posted until the building on which the same is posted has been correctly and properly numbered.

G. Violation—Penalty.

Any person willfully violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Municipal Code.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, in that the invalid provision shall be deemed severed from the ordinance and the balance shall remain in effect. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5: This Ordinance shall take effect thirty (30) calendar days after its adoption.

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.

6.A.2
Attachment: Ord to Amend Title 16 to Add Section 16.12.125 Addresses and Street Naming_121322 (Public Hearing - Second Reading &

Page 3 of 3 ends

Ord Amending Title 16 Subdivision, Adding Section 16.12.125 Addressing and Street Naming.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 08th day of November 2022, and adopted the Ordinance after the second reading at a regular meeting held on the 13th day of December 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:

NAHTAN 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.

6.A.2
Attachment: Ord to Amend Title 16 to Add Section 16.12.125 Addresses and Street Naming_121322 (Public Hearing - Second Reading & Staff Report VTM 7385

Page 1 of 6 ends

CITY OF ARVIN
Staff Report
Meeting Date: December 13, 2022
TO: Arvin City Council
FROM: Jake Raper, Contract Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Approving, Subject to Conditions and Exhibit A – Preliminary Diagram VTM; Exhibit B – Conditions of Approval; and Exhibit C – Addendum to Previously Approved Mitigated Negative Declaration and Mitigation Monitoring Program for Vesting Tentative Map 7385 – Southeast Corner of Tejon Highway (South Derby Street) and East Sycamore Road and Adoption of Addendum to the Previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

BACKGROUND:

The Planning Commission on November 15, 2022, conducted their public hearing on the proposed vesting tentative map 7385 and recommended approval. The Planning Commission Resolution No. APC 2022-06 dated November 15, 2022 and Planning Commission Report dated November 15, 2022, are attached as Attachment 1. The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measures are recommended to be imposed as applicable to the proposed Vesting Tentative Map 7385. The City Council previously adopted a Mitigated Negative Declaration and a Mitigation Monitoring Program and approved General Plan Amendment and Rezoning of the subject site in 2019 – See Exhibit B, below, General Plan Land Use Designation and Zoning Designation. Previously Adopted Mitigated Negative Declaration - (Resolution No. 2019-84 adopted October 22, 2019), adopted General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and adopted Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019).

Applicants: Agent: Scott Quintana
LAV/Pinnacle Engineering
13061 Rosedale Hwy.,
Suite G199 Bakersfield,
CA 93314
Property Owner:

Bisla Farms
4215 Waterfall Canyon Drive
Bakersfield, CA 93313
Project Address: Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road.

Arvin, CA 93203
Assessor Parcel
No.
189-352-02 and 189-352-08

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Staff Report VTM 7385

Page 2 of 6 ends

Zoning: Light Industrial – 32.89 Acres; C-2 General Commercial – 8.01 Acres; R-2 Twofamily Dwelling – 13.46 Acres; , and R-4 Multiple Family Dwelling – 7.0 Acres General Plan Land
Use Designation
M-2 Light Industrial – 32.89 Acres; General Commercial – 8.01 Acres; Medium Density Residential – 13.46 Acres; and High Density Residential – 7.0 Acres PROJECT ANALYSIS AND ENVIRONMENTAL REVIEW:

The purpose of the public hearing is to consider approval of a Vesting Tentative Map 7385 that implements the previous general plan amendment and rezoning of the project site. The land division, in addition to the creation of commercial and industrial sites, creates medium to highdensity residential lands that will accommodate affordable housing development. The Venting Tentative Map creates the lots for future development and the City is in reliance upon a previously adopted Mitigated Negative Declaration Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project. The entitlements would allow for the land division of the 61 +/- Gross Acres into four (4) commercial lots; three (3) industrial lots, and three (3) high density residential lots and associated public improvements; including but not limited to street dedications and improvements, storm drainage detention basins, extension of sewer and water utilities.

Vesting Tentative Map 7385: Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road. The proposed land division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; 2 Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcel High Density Residential (lots 10 and 11) approximately 3.5 acres each. Improvements associated with the tentative map include but not

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Staff Report VTM 7385

Page 3 of 6 ends

limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and west side of Malovich Road. Extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention. New interior road system for the newly created parcel and adjoining parcel to the east.

PUBLIC OUTREACH/PUBLIC HEARING NOTICE:

Outside Agency Notice: The City Staff provided notice to the various agencies and purveyors of public services that may be impacted by the proposed project. In addition, the Public Hearing Notice was published November 17, 2022, in the Bakersfield California and mailed to property owners within 300 feet for the City Council meeting of December 13, 2022. The one response received to date was from the Kern County Fire Department. Tribal Consultation has occurred, and no negative comments have been received as of October 22, 2022.

ENVIRONMENTAL:

Environmental Determination – Addendum to the Previously adopted Mitigation Negative Declaration and Implementation of Mitigation Measures: Previously Adopted Mitigated Negative Declaration - the City of Arvin is in reliance of a previously adopted Mitigated Negative Declaration (Resolution No. 2019-84 adopted October 22, 2019) prepared for General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measure is recommended to be imposed as applicable to the proposed Vesting Tentative Map 7385.

Staff has prepared an Addendum to Adopted Mitigated Negative Declaration, on-file at the Planning Office, for VTM 7385 Southeast Corner of Tejon Hwy (South Derby Street) and East

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Staff Report VTM 7385

Page 4 of 6 ends

Sycamore Road by the City of Arvin City Council on November 12, 2019. Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164. Staff is of the opinion that the mitigation measures adopted for the general plan amendment and rezoning qualifies for the issuance of an Addendum to the Mitigative Negative Declaration adopted by Resolution No. 2019-84 dated October 22, 2029.

The following findings and determinations regarding the above-described project meets the requirements of Sections 15162 and 15164 as follows:

1. The Vesting Tentative Map 7385 project herein described complies with the criteria established by Sections 15162 and 15164(b) and that the Addendum adequately addresses the environmental impacts as previously analyzed in the Initial Study and by the Adopted Mitigated Negative Declaration dated October 22, 2019 – Resolution No. 2019-84 and Filed with the Kern County Clerk office.

2. The Addendum is recommended to be accepted as the appropriate environmental document for the proposed project.

3. The Addendum is to be attached to the Initial Study and the Notice of Determination for Adopted Negative Declaration filed with the Kern County Clerk office and to be placed in the project file – the file is located at the Planning Office.

4. No public notice is required for the adoption of the Addendum per Section 15164 ( c ); STAFF REPORT OF PLANNING COMMISSION ACTION:

The Planning Commission opened their public hearing of November 15, 2022, at 6:00 P.M., allowed for public testimony (no public input nor written correspondence was received), closed the public hearing, and by a 4-0 vote approved the following resolution:

Planning Commission Resolution No. APC 2022-06 Recommending Approval, Subject to Conditions and Exhibits A, B, and C for Vesting Tentative Map 7385 – Southeast Corner of Tejon Highway (South Derby Street) and East Sycamore Road and Adoption of Addendum to the previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

CITY COUNCIL RECOMMENDED ACTION:

Staff recommends that the City Council open the public hearing, allow for public testimony, close the hearing, and consider adopting the following resolution:

A Resolution of the City Council of the City of Arvin Approving, Subject to Conditions and Exhibits A, B, and C for Vesting Tentative Map 7385 – Southeast Corner of Tejon Highway (South Derby Street) and East Sycamore Road and Adoption of Addendum to the Previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Staff Report VTM 7385

Page 5 of 6 ends

FINANCIAL IMPACT:

The City Council adopted Resolution No. 2018-45 on June 19, 2018, which established full cost recovery for the processing of development applications. The vesting tentative map required payment of various fees as generally reflected in the table below. Some fees are referred to as Flat Fees and other Fees are referred to as deposits. The deposits listed below are to ensure full cost recovery of Staff, consultants, outside agency costs, and hard costs such as printing, publications, etc. and are paid for by the project applicant.

FEE ESTIMATES FOR VESTING TENTATIVE MAP 7385
Environmental Fees and Deposits: – Initial
Study – deposit and full cost recovery
 $5,000.00
Notice of Determination Addendum to
Previously Adopted Negative Declaration
Review of and Preparation of Addendum to
Previously Adopted Negative Declaration
Tentative Tract Map  $5,500.00
Tract Map Final  $2,500.00
Monitoring Fee – For Compliance  $3,000.00
Subdivision Improvement Agreement  $2,000.00
Street Name for Map $360 per Street  $ 720.00
Review of Improvement Plans  $1,500.00
Deposit Sub-Total Sub-Total Deposit: $20,220.00
SECTION 5A: To Be Completed By Staff – Flat Fee Estimate:

Public Hearing Notice Newspaper and 300
Foot Notice for Planning Commission and
Notice for City Council
 $1500.00 Each Total $3,000.00
Filing Notice of Determination with Kern
County Clerk
 $1,000.00
Kern County Recorders Fee:  $ 50.00
Maintenance Fee –
MF-GP-2: $0.022 per square foot of lot
area: 57.35 acres OR 2,498,166 Sq. Ft. =
$54,959.65
CMF-AP-2 - $25.00
FM-CD-1 - $20.00
FM-CC-4 - $20.00
Technology Fee - $100.00
MF-GP Fee: $54,959.65
+ CMF : $25.00;
+ CD-1 : $20.00;
+ CC-4 :$20.00
+ TF-1 :$100.00
Map Maintenance Fee: $500.00
Flat Fee Sub-Total Sub-Total Flat Fee: $59,674.65
Total Flat Fee and Fee Deposit Due at
Submittal of Application:

Total: $79,894.65

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Staff Report VTM 7385

Page 6 of 6 ends

Applicant has deposited $20,120.00 upon submittal of the subdivision application. The breakdown of the deposit is as follows: Flat Fees: $2,120.00 and Deposit: $18,000.00. Upon project approval, the applicant will pay $2,798.00. Upon recordation of the Map or within 90 days of approval of the Vesting Tentative Map, whichever occurs first, the applicant will pay $54,959.65. The table above provides a fee estimate that will require the project applicant to cover all costs associated with the processing of the vesting tentative map. Upon approval of the Vesting Tentative Map by the City Council, the applicant has up to two years in which to file the Final Map. The applicant has the option of constructing the improvements prior to filing the Final Map or may bond for the improvements. Upon either completing the improvements or bonding for the improvements, and the map recorded, the lots may be sold.

EXHIBITS:
• Resolution of the City Council of the City of Arvin approving, subject to conditions and Exhibit A – Preliminary Diagram VTM; Exhibit B – Conditions of Approval; , and Exhibit C – Addendum to Previously Approved Mitigated Negative Declaration and Mitigation Monitoring Program for Vesting Tentative Map 7385 – Southeast Corner of Tejon Highway (South Derby Street) and East Sycamore Road and Adoption of Addendum to the Previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.
• Public Hearing Notice for City Council Meeting of December 13, 2022.

ATTACHMENTS:

Planning Commission Resolution No. APC 2022-06 Dated November 15, 2022 Planning Commission Staff Report Dated November 15, 2022 NOTE: Correspondence and other supporting documents are on file at the Planning Division.

6.B.1
Attachment: 1 CC Staff Report VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 1 of 7 ends

Reso CC Approval of VTM 7385.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING, SUBJECT TO CONDITIONS AND EXHIBITS A, B, AND C FOR VESTING TENTATIVE MAP 7385 – SOUTHEAST CORNER OF

TEJON HIGHWAY (SOUTH DERBY STREET) AND EAST SYCAMORE

ROAD AND ADOPTION OF ADDENDUM TO THE PREVIOUSLY

ADOPTED MITIGATED NEGATIVE DECLARATION AND ADOPTION

OF PREVIOUSLY APPROVED MITIGATION MONITORING
PROGRAM PURSUANT TO TITLE 14, DIVISION 5, CHAPTER 3,
ARTICLE 7, SECTIONS 15162 AND 15164.

WHEREAS, LAV/Pinnacle Engineering, representative, and Onkar S. Bisla of Bisla Farms, (Applicant), has filed Vesting Tentative Map 7385 for the division of land, APN’s 189- 352-02 and 189-352-08 within the City of Arvin; and
WHEREAS, The Planning Commission held a Public Hearing on Tuesday November 15, 2022, to review and consider Vesting Tentative Map No. 7385 for Assessor Parcel Numbers 189- 352-02 and 189-352-08 within the City of Arvin consisting of 61 +/- Gross Acres; and WHEREAS, the City properly noticed the November 15, 2022, hearing before the Planning Commission for the proposed Vesting Tentative Map 7385 pursuant to Government Code sections 65090 and 65091 by publication in the Bakersfield Californian on October 26, 2022 and notices were mailed to individual property owners within 300 feet on October 27, 2022 and to interested agencies and individuals; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 15, 2022, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed project, VTM 7385; and WHEREAS, the project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road; and
WHEREAS, the proposed land division of two existing parcels, Assessor Parcel Map 189- 352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each; and WHEREAS, Improvements associated with the tentative map include but not limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and west side of Malovich Road along with the extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention, and WHEREAS, New interior road system for the newly created parcels and adjoining parcel to the east, and

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 2 of 7 ends

Reso CC Approval of VTM 7385.

WHEREAS, the proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and

31.5 acres for industrial related opportunities; and
WHEREAS, the City Council by Resolution No. 2019-84 on October 22, 2019, adopted the Mitigation Monitoring Program and adopted a Mitigated Negative Declaration as the appropriate CEQA document in support of the General Plan Amendment and Rezoning of the 61 +/- Gross Acres creating 32.89 Acres designated as Industrial, 8.01 Acres designated as Commercial. 13.46 Acres as Medium Density Residential, and 7.0 Acres as High Density Residential; and
WHEREAS, Staff has reviewed the proposed project, VTM 7385, creating parcels that implement the previous General Plan Amendment and Rezoning, with the California Environmental Quality Act (CEQA) Title 14, Division 5, Chapter 3, Article 7, Sections 15162 Subsequent EIRs and Negative Declarations and has determined that no findings listed in Section 15612 Subsequent EIRs and Negative Declarations occur; “15162. SUBSEQUENT EIRS AND

NEGATIVE DECLARATIONS
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 3 of 7 ends

Reso CC Approval of VTM 7385.
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency‘s role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

WHEREAS, Staff has reviewed the proposed project, VTM 7385, creating parcels that implement the previous General Plan Amendment and Rezoning, with the California Environmental Quality Act (CEQA) Title 14, Division 5, Chapter 3, Article 7, 15164 Addendum to An EIR or Negative Declaration and has concluded that “subsection b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred” and is recommending that only minor technical changes or additions are necessary for the acceptance of the Addendum to the previously prepared and adopted Mitigated Negative Declaration and Mitigation Monitoring Program; and WHEREAS, The Venting Tentative Map creates the lots for future development and the City is in reliance upon a previously adopted Mitigated Negative Declaration Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project and that an Addendum, Exhibit C - On file at the Planning Office, to the previously adopted Mitigated Declaration is appropriate; and
WHEREAS, pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) Guidelines, Staff has prepared the Addendum to the Mitigated Negative Declaration, attached same to Resolution No. 2019-84 adopting the Mitigated Declaration and Mitigation Monitoring Program, the previous filed Notice of Determination, and Initial Study(ies) and is on file at the City of Arvin Planning Office; and

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 4 of 7 ends

Reso CC Approval of VTM 7385.

WHEREAS, the Planning Commission adopted Resolution APC 2022-06 on November 15, 2022 and the City Council accepts the Planning Commission recommendation and the City Council of the City of Arvin makes the following findings and approves, subject to conditions, Vesting Tentative Map 7385 after Public Hearing held on December 13, 2022:

1. Notice has been given in the time and in the manner required by State Law and City Code.

2. The proposed Vesting Tentative Map with the conditions of approval, is in conformity with both the intent and provisions of the Zoning Ordinance, Title 17 of the City of Arvin Code of Ordinances.

3. The site is physically suitable for the proposed type and intensity of development in that the approval process for Vesting Tentative Map No. 7385 provided sufficient opportunity to review the proposed development and ensure minimal impacts on surrounding properties.

4. The approval of Vesting Tentative Map No. 7385, land division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each as shown on the vesting tentative map, as required to be modified to implement conditions of approval, will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood in the proposed uses are similar to and compatible with neighboring uses in the area.

5. The City Council adopts the Addendum to the Mitigated Negative Declaration as the appropriate environmental document and further adopts the Mitigation Monitoring Program as condition of the approval for the VTM 7385.

6. The City Council accepts the determination of the Arvin Planning Commission’s review of the previous environmental documents that were prepared and adopted for the previously amended the General Plan Land Use Diagram and Rezoning, and support the finding that the proposed vesting tentative map further implements the goals and policies of the general plan. Further, based upon the review of the previously adopted Mitigated Negative Declaration and adopted Mitigation Monitoring Program, the project, VTM 7385, does meet the criteria Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project and that an Addendum to the previously adopted Mitigated Declaration has been prepared.

7. The Developer has agreed to full cost recovery for processing the application as is required by the Arvin Municipal Code and/or any rules, regulations or resolutions enacted by the City of Arvin.

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 5 of 7 ends

Reso CC Approval of VTM 7385.

NOW, THEREFORE, the City Council of the City of Arvin resolves as follows:

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

2. The City Council accepts:
a. The City Council. upon consideration of Planning Commission recommendation and preliminary analysis, and its independent judgement finds that VTM 7385 is in compliance with the General Plan.
b. Find, on the basis of the whole record before the Council and any comments received and the responses to said comments, that there is not substantial evidence that the project will have a significant, adverse effect on the environment and that a Addendum to the previously adopted Mitigated Negative Declaration is the appropriate environmental document for this project.
c. Find that the project mitigations imposed and established by the adoption of a Mitigation Monitoring Program for the General Plan Amendment and Rezoning of the property being subdivided supports the determination any potentially significant effects to a point where clearly no significant adverse impact on the environment would occur.

3. The City Council approves the proposed Vesting Tentative Map 7385 attached hereto as Exhibit “A,” subject to Conditions of Approval attached hereto as Exhibit “B”, and the Mitigation Monitoring Program as “Exhibit C”, and the City Council hereby makes the following attendant findings:
a. The City Council finds that the project is consistent with the policies of the City of Arvin General Plan as per the requirements of California Government Code section 65867.5(b).

The proposed land uses and the density are also compliant per this requirement. b. The proposed Vesting Tentative Map 7385 will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or to the general public, since the Project will be constructed in accordance with the plans and entitlements that were approved previously by the City, and development of any future phases will be subject to further review and consistency with General Plan polices and Municipal Code. c. The approval of Vesting Tentative Map No. 7385, division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each shown on the vesting tentative map will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood in the proposed uses are similar to and compatible with neighboring uses in the area.
d. The Conditions of Approval listed in Exhibits A, B, and C are hereby adopted and are to be implemented in compliance with the Conditions of Approval. Minor modification may be granted by the City Engineer, Building Official, and/or the City Planner, where appropriate. Any waived, deferred, or modification must be documented by the

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 6 of 7 ends

Reso CC Approval of VTM 7385.
responsible person.
e. The project is consistent with the Arvin General Plan and the purpose and standards of the applicable zone districts.
f. Approval of the VTM 7385 shall be null and void should the Developer, and any property owner(s) or business owners(s), fail to submit affidavits of acceptance of the conditions of approval for this project, including an acknowledgement that failure to comply with the conditions of approval shall constitute grounds for suspension, revocation and/or other enforcement action.

4. This Resolution shall become effective immediately upon adoption by the City Council. //////
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6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.)

Page 7 of 7 ends

Reso CC Approval of VTM 7385.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

6.B.2
Attachment: 2 CC Reso Approving VTM 7385_121322 (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Exhibit A
Vesting Tentative Map (VTM)7385
Located at SE Comer of Tejon Hwy
(South Derby St) and East Sycamore
Road
APN's 189-352-02 and 189-352-08

6.B.3
Attachment: 3 Exhibit A - VTM 7385 Map (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) NORTH
SCALE: , . - 100'
' · ..,
VESTING TENTATIVE TRACT MAP NO. 7385

BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA l--t-'-B�EA_R_MO_U_N_T_AI_N_B_L_VD_.
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FINAL MAP

LAV// PINNACLE
Consulting & Engineering Services
Planning• Engineering• Surveying • Project Management
12418 Rosedale Hwy., Suite 8, Bakersfield, CA 93312
Phone: /661) 869-0184 II [email protected]
i JOB No.: IG-4S7 IDv-.o No,: TTN j DATE: osn212022 j SHEET 1 OF 2 I

6.B.3
Attachment: 3 Exhibit A - VTM 7385 Map (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) VESTING TENTATIVE TRACT MAP NO. 7385

BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA - 150-25
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GENERAL NOTES
APN l 89-352-31
VACANT !AND
t. ASSESSOR'S PARCEi NUMBER· 169-352-02 & 189-352-08

2. SJTF ACREAGE· 61.62 GROSS ACRES

3. EXISTING PARCEi S· 2

4. PBOPOSFD PARCEi S· 11

5. WATER SUPPLY· AR \/I N COMMUNITY SER VICES DISlRICT

6. SFWAGE DISPOSAL; CITY OF ARVIN

7. � PACIFIC GAS & ELECTRIC

8. GAS.; SOUTHERN CALIFORNIA GAS CO.

9. fXISTINGIPROPOSfP I AND lJSf· GENERAL COMMERCIAL, LIGHT IN D USTRIAL. MEDIUM DENSITY RESIDE N TIAL AN D HI GH
DENSITY RESIDENTIAL.

10. EXISTING/PROPOSED ZONING· C-2 (GENER AL COMMER CIAL), M-2 (LIGHT MANUFAClUR ING), R-2 (TWO FAMILY DW!'LLI N G, R - 4 (MULTIPLE FAMILY OW!'LLIN G).

11. EXISTING USE· VACAN T LANO

12. PBOPOSFQ USE- MIXED USE - COMMER CIAL, MULTI-FAMILY,

INDUSTRIAL

13. ELQQO....ZQtiE; AO , X AN O A (FEMA FLOOD MAP N o.
0629C2775E, DATED SEPTI.:MBER 26,2008)
5' 'MOE SIDEWALX
PER c.o.A. sro:s
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OWNER /sUBP/YJPER
ONKAR S. BISLA
4215 WATER FALL CANYON OR.

BAKER SFIELD, CA 93313

BASIS OF BEARINGS
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TYPICAL SECTION - TEJON HWY. & SYCAMORE ROAD
2 N.T.S.

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LAV// PINNACLE
Consulting & Engineering Services
Planning • Engineering• Surveying• Project Management
12418 Rosedale Hwy., Suite 8, Bakersfield, CA 93312
Phone: /661/ 869-0184 // LA [email protected]
i JOB No.: 10-4571 O'NQ No.: TTM I OATE:0912212022 SHEET 20F 2

6.B.3
Attachment: 3 Exhibit A - VTM 7385 Map (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E. Sycamore Rd.) Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 1 of 18 ends

EXHIBIT B
Conditions of Approval
Vesting Tentative Subdivision Map No. 7385

NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

Applicants: Agent: Scott
Quintana
LAV/Pinnacle
Engineering 13061
Rosedale Hwy,
Suite G199
Bakersfield, CA
93314
Property Owner:

Bisla Farms
4215 Waterfall Canyon Drive
Bakersfield, CA 93313
Project Address: Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road.

Arvin, CA 93203
Assessor Parcel
No.
189-352-02 and 189-352-08
Zoning: Light Industrial – 32.89 Acres; C-2 General Commercial – 8.01 Acres; R-2 Two-family Dwelling – 13.46 Acres; ,
and R-4 Multiple Family Dwelling – 7.0 Acres
General Plan
Land Use
Designation
M-2 Light Industrial – 32.89 Acres; General
Commercial – 8.01 Acres; Medium Density Residential
– 13.46 Acres; , and High Density Residential – 7.0
Acres

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 2 of 18 ends

COMMUNITY DEVELOPMENT DEPARTMENT

GENERAL (G)
G-1 Hold Harmless Requirement: The applicant or applicant’s successor in interest shall indemnify, defend, and hold harmless the City of Arvin, its agents, officers and employees from any and all claims, actions or proceedings against the city of Arvin, its agents, officers, and employees to attach, set aside, void or annul any approval by the City of Arvin and its advisory agency, appeal board or legislative body concerning this application which action is brought within applicable statues of limitations. The City of Arvin shall promptly notify the applicant or applicants’ successor in interest of any claim or proceedings and shall cooperate fully in the defense. If the City fails to do so, the applicant or applicants’ successor in interest shall not thereafter be responsible to defend, indemnify or hold the City of Arvin harmless. The condition may be placed on any plans or other documents pertaining to this application.

G-2 All exhibits, and references identified in the following conditions and the resolution approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.

G-3 There may also be conditions that are incorporated in the project approval that are not specific and are subject to interpretation, review, and approval or conditional approval by City staff that are not established by City ordinance, resolution, policy, etc. Those conditions give authority to City Staff to use their judgment in the final resolution of the issue identified. City Staff identified in the condition shall interpret the compliance of those condition(s) at their discretion. This may create costs to the project that are not otherwise clearly identified.

G-4 The future projects are subject to the CEQA review process and Mitigation Measures are adopted for the project, those mitigation measures are conditions of approval and are the obligation of the project applicant to fully implement and comply with the requirements established.

MITIGATION MONITORING PROGRAM (MMP)
MMP-1 Previously Adopted Mitigated Negative Declaration - the City Of Arvin is in reliance of a previously adopted Mitigated Negative Declaration (Resolution No. 2019-84 adopted October 22, 2019) prepared for General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measures are imposed as applicable to the proposed Vesting Tentative Map 7385.

MMP-2 Implementation of the Mitigation Agreement adopted Resolution No. 2019-84 adopted October 22, 2019, shall be subject to implementation prior to, concurrent with, and implementation and development of this project.

MMP-3 Each lot, and subsequent owners of interest, shall be subject to the implementation of the Mitigation Agreement adopted Resolution No. 2019-84 adopted October 22, 2019, as may be amended and/or updated from time to time.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 3 of 18 ends

MMP-4 Certain Mitigation Measures are adopted and must be implemented prior to the recordation of the final map OR provide funding for and affidavits by the current and future property owners to fund, establish, join and participate required plans and programs. Summary of the required mitigation measures are as follows:
a. MMP#5 - The Project shall pay 22% of the cost of a traffic signal at the intersection of Franklin Street and Derby Street. Said Project share of the traffic signal will be further pro-rated among the various land uses proposed by the Project based on trips for each development type. The Developer's engineer shall prepare an estimate for the traffic signal, and the allocation of this cost to each Project land use. This cost and fee allocation must be approved by the Arvin City Engineer and will be in addition to the Traffic Impact Fee collected at the time of building permit application. Payment calculation shall by a traffic consultant and shall be paid to the city prior to the issuance of any building permit. Updated based upon the revised traffic analysis.
b. MMP#12 - In order to minimize flooding impacts, and pursuant to FEMA requirements, Chapter 15.32 (Floodplain Management) of the Arvin Municipal Code establishes floodresistant standards for building anchoring, construction materials and methods, storage of materials, utilities and land subdivisions. In addition, FEMA requires that for all new construction, the ground floor must be raised at least 24 inches above the highest adjacent grade.
c. MMP#13- The project site shall be investigated by a qualified archaeologist prior to any ground disturbance activities. Findings and report shall be filled with the City of Arvin Community Development Department. Should any findings of significances be identified appropriate mitigation measures shall be implemented as recommended by the archaeologist.

Refer to §15064.5, CEQA Guidelines.
d. MMP#15 - To ensure that future growth may be provided the needed services such as Fire, Police, storm drainage maintenance, road infrastructure maintenance, the project shall be required to establish a Community Services District or equivalent funding mechanism, known as the Mello-Roos Community Facilities Act of 1982 per California Code sections 53311 through 53317.5 and 53340 through 53344.4 or equivalent at the cost of the developer. To be established at the applicants' expense prior to or concurrent with any future development entitlement.

ARVIN MUNICIPAL CODE (AMC)
AMC-1 Each lot, and subsequent owners of interest, shall be subject to the City of Arvin, Municipal Code entire ordinance in effect and as may be amended from time to time.

LANDSCAPING REQUIREMENTS AND LIGHTING AND LANDSCAPING DISTRICT

FORMATION (LR)
LR-1 The applicant shall provide front yard landscaping. Landscaping shall incorporate native species of water conserving trees and shrubs. All landscaping and planting plans shall be submitted to the Community Development Department and Public Works Division for review and approval prior to issuance of any building permits. These plans shall include all on-site landscaping specifications and details (i.e. species list, irrigation plans, soil preparation methods, etc.).

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 4 of 18 ends

LR-2 Street trees shall be approved by the City and shall be incorporated into the landscaping of the units. One (1) fifteen (15) gallon size tree shall be utilized for each lot. Two (2) trees shall be required for corner lots. The street trees are the responsibility of the future homeowner and may not be removed without approval of the Community Development Department. Subsequent replacement shall be at the expense of the future homeowner.

LR-3 The applicant shall be required to design, install, and maintain all irrigation and landscaping that is required within the public right of way or public area until such time as a Lighting and Landscape District is functional. This may take up to one (1) after the establishment of and acceptance of the improvements.

LR-4 The applicant shall, at their own cost, be required to join Landscape and Lighting Maintenance District No. 2 concurrently with the recordation of the final map or prior to the issuance of the first building permit – excepting City of Arvin approved model homes for the land division.

FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT PRACTICES:

FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C ) and (D). Prior to the issuance of the Certificate of Occupancy by the Building Official a Flood Certification shall be provided. (Attachment 3 – Chapter 15.32 Floodplain Management)
FPM-D&BMP-2 Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted. On-site retention is required when the City’s storm drainage system is not available.

FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District.

The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.

FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction.

FPM-D&BMP-5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 5 of 18 ends

-
FPM-D&BMP-6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “water tight”).

LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.

DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I–1 The Applicant shall pay all fees and join a governing Landscape Lighting Maintenance District (LLMD) and/or establish a community facility district (CFD) as follows:
a. At the written request of Applicant, the City will reasonably cooperate with Applicant, at no cost or expense to the City, in the establishment of a LLMD or CFD encompassing the Project area to assist in the financing of certain off-site improvements and exactions related to the Project.
b. In the alternative, upon request by the City, Applicant i) agrees to join a Landscape and Lighting District or annex to the same; and ii) agrees to become part of a Community Facility District, under the Mello-Roos Community Facilities Act, or equivalent mechanism to address services such as fire, police, storm drainage maintenance, road infrastructure maintenance, or similar services, and agrees to annex or join the same.

Applicant shall be solely responsible for paying its proportionate cost for services associated with the same, including i) any costs of formation or annexation, including those incurred by the City; and ii) costs required by participants in said District(s).

FLOOD PREVENTION (FP)
FP-1 The entire subdivision is within the Flood Insurance Rate Map Zone X. Improvements to comply with the requirements of the Arvin Municipal Code Title 15.32 Floodplain Management for development in an X zone.

FEE REQUIREMENTS (FR)
FR-1 The project shall be subject to those fees as established by the City of Arvin.

FR-2 All fees due and payable to the City of Arvin shall be paid prior to recording of the final map unless a separate agreement is approved by the City Manager. In addition, there may be other items required in order to satisfy conditions of the map such as performance bonds and certificates of deposit to guarantee improvements, or payments as may be required by the conditions of approval.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 6 of 18 ends

BUILDING DIVISION(BD)
BD-1 All construction shall comply with the most current Uniform Building Code, Plumbing Code, Mechanical Code and the California Electrical Code BD-2 The construction site shall provide on-site sanitary facilities.

BD-3 Building permits shall not be issued until clearance is received from the Kern County Fire Department and the Arvin Unified School Districts that impacts have been satisfied.

BD-4 Building permits shall not be issued until clearance is received the City of Arvin City Engineer and Community Development Department.

BUILDING PERMIT ISSUANCE REQUIREMENTS (BPIR)
BPIR-1 Each lot shall be tested, including at least one compaction test, by a soils engineer certifying at least 90% relative compaction prior to pouring of foundation. Test results to be provided to the Building Official. This shall be completed to the satisfaction of the Building Official or designated representative.

BPIR-2 A letter from a Licensed Land Surveyor certifying elevation of pads to the design engineer. The Engineer shall certify the pads conform to the grading plan in respect to drainage and grades. The report shall be provided to the Building Official prior to issuance of a building permit.

BPIR -3 All building, grading, excavation, shall be subject to Title 15 – Buildings and Construction code entire ordinance in effect and as may be amended from time to time.

School District Clearance (SDC)
SDC-1 Prior to issuance of any buildingpermits, the developer shall provide the City with evidence of agreement between the developer and affected school districts that school impacts have beenmitigated.

PUBLIC WORKS DEPARTMENT/CITY ENGINEER (PW/CE)
General Requirements
PW/CE-1 All properties shall be connected to the City of Arvin’s street, sewer, and storm drainage facilities. On-site storm water retention shall be designed and developed prior to the recording of the final map or appropriate bonding to ensure construction. Said stormwater retention basin shall be maintained through a Community Services District, to be established by the developer. The establishment of the CSD shall be in full force and effect prior to the issuance of building permits.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 7 of 18 ends

PW/CE-2 The applicant must submit a list of subcontractors to the Public Works Director/City Engineer and Building Division prior to start of any grading, excavation, or construction.

PW/CE-3 A note shall be placed on the Improvement Plans stating that:

The Subdivider shall indemnify, defend and hold harmless the City of Arvin it’s agents, officers and employees from any and all claims, actions or proceedings against the City of Arvin, its agents, officers and employees to attack, set aside, void or annul, any approval by the City of Arvin and its advisory agency, appeal board or a legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California.

The City of Arvin shall promptly notify the Subdivider of any claim or proceedings and shall cooperate fully in the defense. If the City fails to do so, the Subdivider shall not thereafter be responsible for defend, indemnify or hold the City harmless.

PW/CE-4 Developer and/or contractor shall meet the requirements of CAL-OSHA prior to construction.

PW/CE-5 Prior to installation of any improvements or beginning of any construction, the property owner shall:
a) Obtain an encroachment permit from the City Engineer and grading permit from the Building Division.
b) Submit evidence of liability insuracne with the City of Arvin being named as additoinal insured in the amount as required by the City of Arvin.

PW/CE-6 The following conditions must be addressed prior to the approval of a final map unless alternative arrangements are agreed to between the City and the subdivider such as a Development Agreement or other similar instrument which may require the subdivider to provide performance bonds for those proposed improvements within the public right-of-way.

An engineer's estimate must be filed with the final map for said improvements subject to bonding as required by title 16 of the Arvin Municipal code and any other applicable code sections.
1) Final map must be in the appropriate format and contain an acceptable title sheet as to be accepted by the Kern County Recorder and shall bear all necessary stamps and signatures.

All other applicable requirements of AMC title 16 (SUBDIVISIONS) and the Subdivision Map Act must be met.
2) Final map must show Irrevocable Offers of Dedications for the ultimate right-of-way for Tejon/Derby (110'), Sycamore (110'), and Malovich (60'). 3) As acknowledged by the applicant in the last round of comments, the subdivider will be required to obtain an access easement from the adjacent property owner for the 12 feet required to construct the half-width road proposed for Malovich Road. This easement must be shown on the final map or otherwise documented to the city prior to the approval of the final map.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 8 of 18 ends

4) The subdivider shall be required to improve the half width portions of the Derby/Tejon, Sycamore, and Malovich Roads prior to the approval of a final map. Said design shall necessitate the development of a detailed traffic study and geotechnical investigation provided to and approved by the City Engineer.
5) Provide an updated Will Serve letter from the Arvin Community Services District prior to approval of the final map.
6) Prior to the approval of a final map, unless otherwise agreed to and deferred by conditions contained in a Development Agreement or other similar instrument, pursuant to AMC

16.08.050, provide a narrative and or reports for the following:
a. Management of storm runoff. Only runoff from future dedicated streets may run to city storm drain basins.
b. Proposed use of each lot and the relative proportions of the total area of the subdivision proposed to be devoted to each use classification in acres. c. Other improvements proposed to be made or installed. d. The time when improvements are proposed to be made or installed. e. Description and location of community facilities which would serve the proposed subdivision (if any).
f. Minimum lot and average lot size.
g. A preliminary title report describing all right-of-way and easements to which the property to be subdivided is subject.
h. Preliminary reports from the telephone and electric utility companies which will serve this subdivision as to the approximate per lot costs for the provision of telephone and electric services by underground burial.
i. Reasons and justifications for any requested exceptions to the provisions of the city tract map requirements.
j. Copies of the deeds describing the properties being subdivided, and notations of any deed restrictions, if any.
k. Description of any special districts that the subdivision may be in. l. Letter requesting phasing if desired.
7) Prior to the approval of a final map, the subdivider shall be required to provide detailed Civil Site Development Plans (Civil Plans) and studies which demonstrate compliance with all applicable city ordinances, state and federal requirements, Kern County Fire Department development requirements, and any other authority with jurisdiction given the nature of the proposed development(s). Said plans and studies may be deferred as a condition of approval of a final map, if agreeable to the city as a requirement of an approved Development Agreement or similar instrument.
a. Given the nature of the existing land which has been used for agriculture for decades, the following requirements shall apply:
i. Any existing water wells must be completely removed and capped in compliance with applicable standards of the Kern County Public Health Department, State of California, EPA, or other AHJ.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 9 of 18 ends

ii. Any existing underground septic systems must be completely removed and capped in compliance with applicable standards of the Kern County Public Health Department, State of California, EPA, or other AI1J.
iii. All existing overhead utilities must be relocated underground as required by AMC

16.12.170.
iv. All existing above grade, at grade, or below grade improvements associated with agricultural activities must be removed within the proposed future public ROW (i.e. within the future roads and road widening areas). This shall include any existing underground irrigation pipes (regardless of material) and electrical conduits and conductors regardless of whether in operation or not. The subdivider shall provide for these removals on the Civil Plans to the satisfaction of the City Engineer.

GRADING (G)
G -1 A complete set of on and off-site grading, drainage, sewer and street improvements plans shall be prepared by a licensed Civil Engineer and submitted for reviewed and approved by the City Engineer prior to the final map being recorded.

G -2 As Built drawings shall be submitted to the City of Arvin prior to acceptance of the improvements. Erosion control measures shall be incorporated into the construction plans.

G-3 A soils report shall be prepared by a Registered Civil Engineer for the subdivision indicating suitability for construction, recommendations for pavement sections (including sufficient R-value), trenching and back-fill, grading, detention/retention basins and excavations.

The Registered Civil Engineer shall provide the City Engineer and Building Official with results of the soil sampling.

G-4 Each lot shall be tested, including at least one compaction test, by a soils engineer certifying at least 90% relative compaction prior to pouring of foundation. This shall be completed to the satisfaction of the Building Official or his representative.

G-5 Prior to the issuance of any building permits, the lot grades shall conform to the approved grading plan. A letter certifying the grades shall be provided to the City of Arvin Building Division from the design engineer.

G-6 An erosion control plan shall be submitted with the grading plan for approval by the City Engineer.

G -7 The applicant shall comply with the Regional Water Quality Control Board Construction General Permit Order 2009-0009 DWQ as amended by 2010-0014 DWQ and 2012-006 DWQ. If the project requires a SWPPP or Erosivity Wavier the applicant will provide a waste discharge identification (WDID) number on the cover sheet of the grading plan.

G-8 If the finished grade of any lot or the subdivision perimeter, is more than one (1) foot lower or higher than any adjoining lot, a masonry block wall shall be constructed.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 10 of 18 ends

G-9 Prior to the issuance of grading permits, the plans and specifications shall include reference and conformance to the SJVUAPCD dust control measures and shall be subject to District Regulation VIII, Rule 8010, 8020, 8030, 8060 and 8070 of Regulation VII. The following notes(s) shall appear on all grading plans:

1. During grading operations, the applicant for a grading permit shall be responsible for the application of water to development sites to mitigate the impact of dust and PM10 (particulate) emissions. Spraying water should be sufficient to ensure that soils remain damp, with the frequency of spraying dependent on weather conditions.

2. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions.

3. Construction speed limits will be posted at fifteen miles per hour (15 mph).

4. The applicant is prohibited from using any equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property between 10:00 p.m. and 7:00 a.m. (AMC §12.04.200)
G-10 A grading plan shall show that the lowest finished floor elevation within the subdivision will be at least 12-inches above the gutter elevation. The maximum elevation of the storm drainage hydraulic grade line and the detention basin shall be 12-inches below the gutter line for a 50-year storm.

G-11 Unless otherwise approved, all residential lots shall drain to the to the public street and shall be collected in a public storm drain system
G-12 Drainage swales shall not occur along the common lot lines and must be contained within each lot.

STREETS (STREETS)
Streets-1 Street name signs and traffic regulatory signs shall be provided by the Subdivider as required by the City Engineer and Community Development Director. No public traffic shall be allowed on streets until regulatory signs are in place and the street improvement punch list has been signed off by the City Engineer.

Streets-2 All roads shall be designed and constructed in conformance with the City Standards and any approved alterations thereto.

Streets-3 An approved all weather fire access road with adequate turning radius shall be provided prior to building construction. Approval shall be by the City Engineer and Kern County Fire District.

Streets-4 All existing and new utilities shall be placed underground and located in easements or rights-of-way. The utility companies must be consulted as to the location of the under grounding of existing and new utilities. The required easements shall be shown on the final map.

Streets-5 Traffic Striping shall be thermo plastic.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 11 of 18 ends

Streets-6 The developer shall contract with a street sweeping company to keep the streets clean. The sweeper shall sweep the streets once per week at a minimum until the city has determined that all construction work is complete. Regularly scheduled street sweeping operations and costs shall be off set through a Community Services District, to be established by the developer. The establishment of the CSD shall be in full force and effect prior to the issuance of building permits. Upon approval of the City Engineer, once per week street sweeping schedule may be adjusted based upon condition of the streets and requirements of the SWPPP and the Dust Control Plan.

Streets-7 All existing and new streets shall be improved to City of Arvin Standards. Should right of way not be obtained by the developer, the City of Arvin shall, in accordance with the provisions of the Subdivision Map Act, begin eminent domain proceedings, at the sole expense of the developer, if needed.

Streets-8 The Developer may request that a Benefit Assessment District be formed to recapture the cost of off-site road and utility improvements. The formation of the Benefit Assessment District shall be at the sole cost of the developer and said costs may be included in the repayment.

Streets-9 All streets shall be improved with curb, gutter, sidewalk and pavement as required by the City of Arvin Standards.

Streets-10 Two-point access shall be implemented and improved per City Standards for all streets in length of 700 feet and/or designed to future road extension connecting to an established and/or planned dedicated street.

Streets-11 All construction plans shall be submitted to the City Engineer for review and approval prior to construction. All utilities to be constructed within the onsite and offsite shall be installed prior to pavement placement.

Streets-12 Dedication of right-of-way and utility easements: All dedications for public rightof-way and utility easements shall be shown on the final map in accordance with the City of Arvin’s Circulation Element and Standards and in compliance with the Water Element design concepts.

1. External Streets:
a. Tejon Highway (South Derby Road), and East Sycamore Road are classified as Minor Arterial which requires a right-of-way dedication of 110 to 140 feet in width and is designated as a 4-lane divided arterial roadway and Class 1 Facility or path. Bike paths, Class I facility are typically multi-use paths that occur along a separate right-of- way.

The design of the street shall include the requirements of Circulation Element. b. Mallovich Road is designated as a Collector which requires a right-of-way dedication of 90 feet and a Class II Facility – on-street bike lane provided with striping and markings to delineate bicyclist right-of-way along streets. Collectors should have 2 through lanes of trave, typically do not require a divider, turn lanes should be provided at intersections with arterials. The design of the street shall include the requirements of Circulation Element.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 12 of 18 ends

2. Internal Streets: Local Roadways: The VTM 7385 proposes two internal streets – Local Roadways which requires a minimum of 60’-0” right-of-way. a. The map identifies a proposed private easement 30’-0” wide and a 40’-0” setback from the proposed property lines that separate the Lots 1 and 2 from lots 3 and 4. Section

16.12.020 Vehicular access requires that each lot or parcel or subdivision shall be provided with vehicular access to a Street or highway improved and maintained by a public agency, connecting thereto directly or indirectly by means of access which has been approved by the City Council. In addition, a stubbed street must have a minimum radius of fifty (50) feet with a curb radius of forty (40) feet.

The proposed private easement is not permitted and must be redesigned to meet the local road standards and turn around per city code.

The map identifies Local Road with a 60’-0” right-of-way on the southern portion of Lots 8 and 9 with the proposed road continuing along Lots 9, 10, and 11 ending in a cul-de-sac. Implementation of one mitigation measures adopted in conjunction with the approval of the General Plan Amendment and Rezoning required that vehicular access be provided to the adjacent property to the east.

Staff is recommending that the proposed street on the southern portion of Lots 8,9,10, and 11 be redesigned to create a connection to the easterly property. This will modify the proposed design of the southerly Local Road. It is also recommended that portion of the southern street be designed to accommodate a ¾ of the Local Road width with curb, gutter, and sidewalk on the northern portion of the street and travel lanes. The applicant is to coordinate the alternative design of the Local Street to meet this modification. The logic being that the property to the south is currently in Kern County jurisdiction but is within the City of Arvin’s Sphere of Influence. This property will most likely be annexed to the City and this road design will accommodate future traffic connectivity to the development of property to the south and create a east to west street connection with Tejon Highway (South Derby Street) and Malovich Road.

3. Street Names: Street names are to be presented to the City Council on the tentative map. a. No Street name is proposed on the Local Street separating Lots 1, 2 from 3 and 4.

Street name shall be presented for approval by the City Council on the final map. b. Street name proposed for the southerly Local Road is Pawan Street and Gagan Court.

These names have not been vetted by the City to ensure that they do not create duplication nor conflict with other street names in the City. c. The redesign of the proposed street and cul-de-sac will require modification of the proposed street names and will be required at submittal of the final map to the City Council.

WATER (WATER)
Water-1 The water system shall be designed and constructed in conformance with the Arvin

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 13 of 18 ends

Community Service District’s Standards and their Water System Master Plan and any approved alterations thereto. Design and construction is subject to review and approval of the Arvin Community Services District. Two copies of approved water plans to be provided to the City Engineer.

Water-2 An approved water system including fire hydrants capable of supplying the required fire flow for fire protection shall be provided prior to building construction. Approval shall be by the City Engineer and Kern County Fire District.

Water-3 An approved water supply capable of supplying the domestic flow, in accordance with Title 22 of the State of California, and required fire flow for fire protection shall be provided prior to construction of any structures.

Water-4 All existing water wells shall be accurately located on the site plan. All water wells shall be destroyed in accordance with the requirements of the Kern County Public Health Services Department/ Environmental Health Division.

Water-5 Arvin Community Services District must provide a Will Serve letter prior to the recording of the final map.

SANITARY SEWER (SS)
SS-1 The sanitary sewer system shall be designed and constructed in conformance with the City Standards, and the City Sewer Master Plan and any approved alterations thereto.

STORM DRAINAGE (SD)
SD-1 The storm system shall be designed and constructed in conformance with the City Standards, the City’s Storm System Master Plan and any approved alterations thereto. The storm drainage system shall be designed to handle the runoff from a ten (10) year storm. On-site retention for the subdivision shall be designed and approved by the City Engineer prior to issuance of building permits. Maintenance of the Stormwater drainage system shall be funded by a Community Services District as established by the developer.

UNIFIED AIR POLLUTION CONTROL DISTRICT (UAPCD)
UAPCD-1 The project sponsor will be required to meet with the “District” staff and comply with the Districts’ Permit Requirements prior to construction activities. Clearance shall be required prior to issuance of grading permits or building permits.

UAPCD-2 If fireplaces are proposed, only natural gas fireplaces, EPA-certified wood burning fireplace/stoves or pellet fueled heaters should be installed.

UAPCD-3 If transit service is available to the project site, improvements should be made to encourage residents to use it. If transit service is not currently available, but is planned for the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas and shelters. Prior to the issuance of the final map, appropriate bus turnouts shall be approved by the City Engineer.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 14 of 18 ends

UAPCD-4 Sidewalks and bike paths should be installed throughout as much of the project as possible and should be connected to any nearby open space areas, parks, schools, commercial areas, etc.

UAPCD-5 Energy efficient design including automated control system for heating/air conditioning and energy efficiency beyond Title 25 requirements, lighting controls and energyefficient lighting in buildings increased insulation beyond Title 24 requirements and light-colored roof materials to reflect heat.

UAPCD-6 Natural gas lines and electrical outlets should be installed in patio areas to encourage the use of gas barbecues and electric yard tools.

UAPCD-7 Provide low nitrogen oxide (Nox) emitting and/or high efficiency water heaters.

UTILITIES (U)
U-1 Prior to the issuance of any building permits all existing non-public facilities and/or utilities, that do not have a lawful authority to occupy the road right-of-way be relocated on private property unless there is a lawful right for them to remain in the public right-of-way.

U-2 All utility distribution facilities and lines within the interior of the subdivision shall be installed underground except transformers, pedestals, or similar structures.

U-3 All existing overhead and new utilities in the interior and exterior of the subdivision shall be under grounded at the sole cost of the project sponsor.

U-4 A 10' PUE shall be provided in all street frontages or as required by the various utility companies.

U-5 Prior to recording Final Map, clearance from utility companies shall be required.

KERN COUNTY FIRE DISTRICT (KCFPD)
KCFPD-1 Project shall comply with the current California Fire Code requirements.

KCFPD-2 An approved water supply (fire hydrants) capable of supplying the required fire flow for fire protection shall be provided prior to construction.

KCFPD-3 Fire flows and fire protection systems shall be as required and approved by the Kern County Fire Department. Prior to the issuance of a building permit, emergency access and fire protection facilities shall be approved in accordance with the requirements of the Kern County Fire Department/Fire Prevention Unit.

KCFPD-4 Initial review by KCFPD, that all new construction will require fire water flowing at a minimum of 1,500 GPM for 2 Hours with 20 PSI residual. All fire access roads to each parcel must meet specifications set forth in Section 503.2 of the California Fire Code and the applicable

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 15 of 18 ends

Appendix and Ordinance sections. A more detailed review and project comments will be conducted when the building permits are submitted to KCFD.

NOTIFICATION TO PROPERTY OWNERS - RIGHT TO FARM (RF)-INDUSTRIAL NOISE:

RF – 1 This project shall be subject to the provisions of Kern County and Arvin's Right to Farm ordinance. Residential development and future occupants shall be properly noticed that the area may be exposed to agricultural activities which may result in land preparation for planting, harvesting, and insecticide treatments.

IN – 1. Residential development shall be properly noticed that the area may be exposed to industrial noise. Residential development and future occupants shall be properly noticed that the area may be exposed to industrial noise which may result in heavy truck traffic and noise from the industrial operations.

CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM -

ARCHEOLOGICAL AND HISTORICAL (CHR)
CHR-1The City of Arvin General Plan has not identify any resources of archaeological significance identified on the site.

CHR-2 The following note shall be placed on the final map, grading and improvement plans. If during the course of project-related activities, unknown archaeological or cultural resources are discovered, work shall be stopped in the immediate vicinity. A qualified archaeologist shall be contacted to evaluate the find. A copy of the archaeologist’s evaluation shall be submitted to the City of Arvin Community Development Department and any measures recommended by the archeologist shall be implemented prior to resumption of the work in the area.

POSTAL SERVICE (PS)
Effective July 1, 2002, the United State Postal Service is no longer responsible for the purchase and installation of centralized box units (CBU’s) in new construction areas. Single family home development with six (6) or more lots must have mail receptacles provided by the building or developer before mail delivery service can begin. The following provides the general requirements:

PS-1 The Subdivider shall confer with the local postal authorities to discuss the recommended method of mail delivery service. Upon completion of a Mode of Delivery Agreement, the developer must provide a project map to the local postmaster.

PS-2 The location of such units shall be approved by the local Postmaster and the City Engineer.

Placement of the units shall not be obstructive pedestrian movement along the sidewalks.

PS-3 The postmaster will review the map, group the address that will be assigned to each centralized box unit and designate a place for installation. The centralized delivery map plan will be returned to the developer as a guide for pouring cement pads and installing the units.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 16 of 18 ends

PS-4 After installation, please notify the local post office so that the arrow lock can be installed and the compartments can be labeled. The keys for each unit will be distributed to the homeowner by the developer’s sales office or arrangements can be made to have the keys issued by the local post office.

STATE OF CALIFORNINA – DIVISION OF OIL, GAS AND GEOTHERMAL, DISTRICT 4 (OGD4)
OGD4-1 The following note shall appear on the final map and all grading and improvement plans: The Department of Conservation/Division of Oil and Gas and Geothermal Resources has identified no active or known abandoned wells within the project site; however should any plugged, abandon or unrecorded well(s) be uncovered or damaged during grading and construction actives, the Department of Conservation/Division of Oil and Gas and Geothermal Resources shall be contacted to inspect and approve any remediation required.

FINAL MAP REQUIREMENTS (FMR)
FMR-1 The final map proposed to be recorded shall be in substantial conformance with the approved vesting tentative map. As noted in the conditions of approval, proposed interior Local Roadways are to be redesigned to meet the condition of approval.

FMR-2 The following conditions shall be satisfied prior to recordation:

1. In accordance with section 66465 of the Subdivision Map Act, a title guarantee dated within 30 days of recordation of the Tract Map shall be submitted to the City Engineer.

2. In accordance with Sections 66464, 66492 and 66493 of the Subdivision Map Act, a Tax Collectors Certificate, Assessors Tax Estimate, and security (if necessary) shall be submitted to the City Engineer prior to recordation of the final map.

3. The tract map must contain an owners’ statement, signed and acknowledged by all persons having right, title or interest in and to the property being divided. A request for wavier of signatures of parties owning rights -of -way, easements, or interests which cannot ripen into fee must also accompany the final map in accordance with Section 66445 (f) of the Subdivision Map Act. Owner’s statement may be recorded on a separate document rather than appear on the map, provided the recording information appears on the map.

4. In accordance with Section 66436 (A)(i) of the Subdivision Map Act, any public entity or public utility owning rights-of-way, easements, or other interests which cannot ripen into fee must be advised by certified mail of the division of the property.

The City Engineer will require a letter from these parties stating that the development will not unreasonably interfere with the free and complete exercise of the right-ofway or easement within the boundaries of this development.

5. The final tract map shall show all existing easements of record on the map.

6. In accordance of Section 66434.2 of the Subdivision Map Act, Information required by the conditions of approval shall be in the form of an additional map sheet.

FMR-3 Street names have been proposed and may be subject to change based upon the interior street redesign and addressing shall be assigned prior to or concurrent with the recording of the final map.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 17 of 18 ends

FMR-4 The following requirement(s) shall appear as a note(s) on the final map:

All easements shall be kept open, clear and free from buildings and structures of any kind. All obstructions, including utility poles and lines, trees, pole signs, fences, or similar obstructions, shall be removed from the ultimate road right-of-way. Compliance with this requirement is the responsibility of the applicant and may result in significant financial expenditures.

FMR-5 Prior to recording Final Map, clearance from utility companies shall be required.

FMR-6 Prior to recording the Final Map, a Will Serve Letter shall be issued for the land development.

FMR-7 Prior to issuance of building permits the applicant shall provide too the City of Arvin Engineer two (2) copies of the final map. Two hard copies and a flash drive in Auto-Cad format.

FMR-8 The Final Map shall include the following Certificate:

PLANNING COMMISSION CERTIFICATE
This is to certify that this final map subsequently conforms to the tentative map recommended by the Planning Commission at a duly authorized meeting held on the November 15, 2022 and approved by the City Council at a duly authorized meeting held on the ___th day of _______ 2022.

Secretary of the Planning Commission
CITY CLERK’S STATEMENT
I, Cecilia Vela, City Clerk of the City Council of the City of Arvin, State of California, do hereby certify that the herein embodied map entitled, “Tract Map 7385, City of Arvin, Kern County, California”, was presented to the City Council of the City of Arvin at a regular meeting thereof held on _______day of _________, 2022 and that said Council there upon, by Resolution Number _____________, conditionally approved said map.

In Witness Hereof, I have hereinto, set my hand this _____day of _______ “Month”, ______”Year”.
_________________________________________________
Cecilia Vela
City Clerk and Clerk of the Council
of the City of Arvin, State of California
FMR-9 The final map for each phase shall be prepared in accordance with the State Subdivision Map Act and local ordinances.

FMR-10 A Current title report (less than 90 days old) shall be submitted with the final map.

The title report shall include entire legal boundary of property being subdivided.

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 18 of 18 ends

FMR-11 Closure calculations shall be submitted at the time of initial map check submittal. All calculated points within the map shall be based upon one common set of coordinates. All information shown on the map shall be directly verifiable by information shown on the closure calculation printout. The points of beginning shall be clearly defined, and lot areas shall be shown and verifiable from information shown on the closure calculation printout. The area of each lot shall be indicated on the final map in square feet.

FMR-12 The Subdivider shall pay all applicable taxes, fees and charges at the rate and amount in effect at the time such taxes, fees and charges become due and payable FMR-13 For each phase of this project, the Subdivider shall enter into a separate subdivision improvement agreement with the City provide an engineer’s estimate for public improvements with a 20% contingency approved by the City Engineer, provide securities for faithful performance and labor and material as required by the State Subdivision Map Act and City of Arvin base on 100% of the engineer’s estimate, and pay all appropriate fees at the time that such fees are due and payable.

FMR-14 The subdivider shall dedicate or cause to dedicate appropriate easements for proposed City maintained facilities if such facilities are located outside of City right-of-way.

FMR-15 The subdivider shall be _required to obtain all necessary permits from all agencies having jurisdiction over property being developed.

FMR-16 A final map shall be prepared by a licensed land surveyor or engineer in conformance with the requirements of the City and the Subdivision Map Act.

FMR-17 If multiple maps are recorded a “phasing plan” showing all necessary infrastructure shall be prepared and approved by the Community Development Director and City Engineer.

FMR-18 If multiple final maps are recorded a Master Plan shall be prepared and approved by the City showing the ultimate concept for grading, storm drainage, water systems, sanitary sewer, circulation and lotting.

FMR-19 Street monuments shall be set at all intersections, beginning and ends of curves, at all changes in horizontal alignment and in all cul-de-sacs.

FMR-20 The roads, easements, rights of way and public lands shall be offered for dedication to the City of Arvin, if any, on the final map.

FMR-21 A permanent survey marker shall be set at all lot corners FMR-22 All phasing shall have improved irrevocable offer of dedication and rights of-way on and off-site, meeting City Standards necessary to serve that phase(s).

END

6.B.4
Attachment: 4 Exhibit B - VTM 7385 - Conditions of Approval (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Addendum - Mitigated Negative
Declaration
Project Description:

VTM 7385 – Implementation of General
Plan Amendment and Zone Change
Attach to Original Notice of Determination and
Place in File :

City of Arvin
141 Plumtree Drive
Arvin, CA 93203

PLACED IN PROJECT FILE , INITIAL STUDY AND

NOTICE OF DETERMINATION FILED WITH THE

COUNTY CLERK KERN COUNTY
SUBJECT: Addendum to Adopted Mitigated Negative Declaration for VTM 7385 Southeast Corner of Tejon Hwy (South Derby Street) and East Sycamore Road by the City of Arvin City Council on November 12, 2019. Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

Project Title/ Project Description: Vesting Tentative Map 7385: Proposed land division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; 2 Medium Density parcels (lots 8 and ) approximately 6 acres each, and 1 parcel High Density Residential (lots 10 and 11) approximately 3.5 acres each.

Improvements associated with the tentative map include but not limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and west side of Malovich Road. Extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention. New interior road system for the new created parcel and adjoining parcel to the east.

State Clearinghouse Number (if Submitted to Clearinghouse): N/A Contact Person: Jake Raper – Contract Planner
Project Location: City of Arvin, Kern County. Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road. Assessor Parcel Map 189-352-02 and 189-352- 08 consisting of 61.62 +/- Gross Acres
Applicant/Property Owner: Onkar S. Bisla,

This is to advise that the City of Arvin, Planning Commission and City Council has considered and approves the Addendum to the previously Adopted Mitigated Negative Declaration prior to taking action on the Vesting Tentative Map. The Addendum is attached to the Initial Study and the Notice of Determination and is on file at the Community Development Department. The following findings and determinations regarding the above-described project:

6.B.5
Attachment: 5 Exhibit C - VTM 7385 - Addendum to MND and MMP (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

Declaration dated October 22, 2019 – Resolution No. 2019-84 and Filed with the Kern County Clerk office; and

2. The Addendum is hereby accepted as the appropriate environmental document for the proposed project; and

3. The Addendum is to be attached to the Initial Study and the Notice of Determination for Adopted Negative Declaration filed with the Kern County Clerk office and to be placed in the project file.

4. No public notice is required for the adoption of the Addendum per Section 15164 ( c ); and

5. The Planning Commission considered the Addendum at a public hearing on Tuesday, November 15, 2022, at 6:00 P.M .

Jake Raper- Contract Planner
City of Arvin
Kern County, State of California
BY:

SIGNATURE
Note: A copy of this Addendum to the Mitigated Negative Declaration may be reviewed or obtained during normal working hours at the City of Arvin, Community Development Department at 141 Plumtree Drive, Arvin, CA 93203. The Mitigated Negative Declaration includes an Initial Study on file at the Community Development Department.

6.B.5
Attachment: 5 Exhibit C - VTM 7385 - Addendum to MND and MMP (Public Hearing: Vesting Tentative Map 7385 SE Corner of Tejon Hwy & E.

6.B.6
Attachment: Attachment 1 - PC Reso No. APC 2022-06 Recommending Approval of VTM 7385_Bisla_PC Mtg 111522_Redacted (Public Hearing:

Page 1 of 14 ends

Staff Report re PC Recommending Approval of VTM 7385.

CITY OF ARVIN
Planning Commission
Meeting Date: November 15, 2022
TO: Arvin Planning Commission
FROM: Jeffrey Jones, City Manager
Jake Raper, Contract Planner
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF ARVIN RECOMMENDING APPROVAL, SUBJECT TO CONDITIONS AND EXHIBITS A, B, AND C FOR VESTING TENTATIVE MAP 7385 –

SOUTHEAST CORNER OF TEJON HIGHWAY (SOUTH DERBY STREET) AND EAST

SYCAMORE ROAD AND ADOPTION OF ADDENDUM TO THE PREVIOUSLY ADOPTED

MITIGATED NEGATIVE DECALARATION AND ADOPTION OF PREVIOUSLY

APPROVED MITIGATION MONITORING PROGRAM PURSUANT TO PURSUANT TO TITLE 14, DIVISION 5, CHAPTER 3, ARTICLE 7, SECTIONS 15162 AND 15164.

RECOMMENDATION
Staff recommends that the Planning Commission open the public hearing, allow for public testimony, close the hearing, and consider the following:

1. Approve the attached Resolution recommending the City Council Approve the Addendum to the previously adopted Mitigated Negative Declaration for VTM 7385 and incorporate the Mitigation Monitoring Program – Resolution No. 2019-84 adopted on October 22, 2019, as condition of approval to VTM 7385.

2. Approve the attached Resolution recommending the City Council Approve Vesting Tentative Map 7385 subject to conditions.

BACKGROUND:

The Planning Commission and City Council previously adopted a Mitigated Negative Declaration and a Mitigation Monitoring Program and approved General Plan Amendment and Rezoning of the subject site in 2019 – See Exhibit B General Plan Land Use Designation and Zoning Designation. Previously Adopted Mitigated Negative Declaration - (Resolution No. 2019-84 adopted October 22, 2019), adopted General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and adopted Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measure is recommended to be imposed as applicable to the proposed Vesting Tentative Map 7385.

6.B.7
Attachment: Attachment 2 - PC Staff Report Recommending Approval of VTM 7385_PC Mtg 111522 (Public Hearing: Vesting Tentative Map 7385

Page 2 of 14 ends

Staff Report re PC Recommending Approval of VTM 7385.

Applicants: Agent: Scott Quintana
LAV/Pinnacle
Engineering
13061 Rosedale Hwy.,
Suite G199 Bakersfield,
CA 93314
Property Owner:

Bisla Farms
4215 Waterfall Canyon Drive
Bakersfield, CA 93313
Project Address: Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and
East Sycamore Road.

Arvin, CA 93203
Assessor Parcel
No.
189-352-02 and 189-352-08
Zoning: Light Industrial – 32.89 Acres; C-2 General
Commercial – 8.01 Acres; R-2 Two-family
Dwelling – 13.46 Acres; , and R-4 Multiple
Family Dwelling – 7.0 Acres
General Plan
Land Use
Designation
M-2 Light Industrial – 32.89 Acres; General
Commercial – 8.01 Acres; Medium Density
Residential – 13.46 Acres; , and High Density
Residential – 7.0 Acres

6.B.7
Attachment: Attachment 2 - PC Staff Report Recommending Approval of VTM 7385_PC Mtg 111522 (Public Hearing: Vesting Tentative Map 7385

Page 3 of 14 ends

Staff Report re PC Recommending Approval of VTM 7385.

PUBLIC OUTREACH:

Attachment A – Correspondence:

Outside Agency Notice: The City Staff has provided notice to the various agencies and purveyors of public services that may be impacted by the proposed project. The one response received to date was from the Kern County Fire Department. Tribal Consultation has occurred, and no negative comments have been received as of October 22, 2022. See Attachment A – Correspondence.

Attachment B: Departmental Review and Conditions:

City Departmental Review: The City Engineer(s) have provided preliminary review of the proposed land division and comments and recommendation are incorporated as Conditions of Approval – Exhibit A
Planning Division Review: The Planning Division Staff provides the following comments and will be recommended as conditions for approval – Exhibit A:

1. Implementation of Mitigation Measures as adopted by Resolution No. 2019-84: The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. Mitigation Measures 1-New structures shall be subject to current building codes; 2 -Ground Water Recharge; 3 – Proportional share of Traffic Signal 22% at Franklin Street and Derby Street; 4,- Traffic Mitigation – Payment of Traffic Impact Fees; 5-Traffic Mitigation – dedication of road rights-of-way, noise attenuation walls, landscaping and irrigation systems; 6 -Traffic Mitigation – Create internal street systems; 7-Sewer -design and implement sewer – a master sewer plan must be provided by the project engineer and must receive approval prior to the issuance of any building permits; 8 – Sewer - Sewer plans must be approved by the City; 9-Water – Must receive will serve letter from Arvin Community Services District – prior to recording final map; 10-Prepare Master Storm Drainage System; 11-Seismic and Liquefaction – Construction to comply most recent Uniform Codes; 12-Flooding – Compliance with Chapter 15.32 Floodplain Management; 13- Cultural Resources-Require on-site investigation prior to ground disturbance; 14-Huaman Remains – Notification to Coroner and stop work; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees; 17-Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map; 18- Traffic/Noise Design Criteria Mitigation -construction of masonry walls, install landscaping and irrigation systems separating residential from commercial and industrial; 19- Traffic/Noise Design Criteria Mitigation – Disclosures to residential owners/developers that noise from industrial and commercial activities may occur; , The following is a summary of the requirements that shall be prepared, or sufficient funding shall be provided to complete those requirements.

2. General Plan Compliance Review, Recommended Conditions, and Implementation of Mitigation Monitoring Programs 6-16. The following review by Staff provides a summary of the goals and policies of the City’s General Plan Elements. The current General Plan consists of 11 Elements: Circulation Element Water Element; Housing Element; Economic Development Element; Safety Element; Noise Element; Open Space

6.B.7
Attachment: Attachment 2 - PC Staff Report Recommending Approval of VTM 7385_PC Mtg 111522 (Public Hearing: Vesting Tentative Map 7385

Page 4 of 14 ends

Staff Report re PC Recommending Approval of VTM 7385.
and Conservation Element; Air Quality Element; Community Health Element; Land Use Element.

2.a Compliance with Goals and Policies of Circulation Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development.

The General Plan Amendment and Rezoning created 15 acres for affordable housing development,

6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. This element established various goals and policies to ensure safe, efficient, and organized roadway system that meets the current and future needs of the community; maintenance of a transit system to benefit the travel opportunities with the community and adjacent cities; to foster the development of bicycle and pedestrian facilities; ensure that goods movement is provided in support of agriculture and industrial uses; improvement of the transportation system where typical capacity improvement are restricted; continue the planning of public utilities systems to support the continued development of the community; improvement of air quality primarily through the reduction of vehicle miles traveled; reduction of greenhouse gases by reducing vehicle miles traveled and by increasing or encouraging the use of alternative fuels and transportation technologies; foster sustainable water use behavior by the public and other governmental agencies.

Various goals are to improve and emphasize catchment of storm water and rainwater; develop an urban forest, which will reduce ambient temperatures, sequester carbon dioxide, and reduce storm water runoff and improving the City’s esthetics.

1. Dedication of right-of-way and utility easements: All dedications for public right-ofway and utility easements shall be shown on the final map in accordance with the City of Arvin’s Circulation Element and Standards. proposed Vesting Tentative Map.

2. External Streets:
a. Tejon Highway (South Derby Road), and East Sycamore Road are classified as Minor Arterial which requires a right-of-way dedication of 110 to 140 feet in width and is designated as a 4-lane divided arterial roadway and Class 1 Facility or path. Bike paths, Class I facility are typically multi-use paths that occur along a separate right-of- way.

3. Internal Streets- Local Roadways: The VTM 7385 proposes two internal streets – Local Roadways which requires a minimum of 60’-0” right-of-way. a. The map identifies a proposed private easement 30’-0” wide and a 40’-0” setback from the proposed property lines that separate the Lots 1 and 2 from lots 3 and 4. Section

The proposed private easement is not permitted and must be redesigned to meet the local road standards and turn around per city code.

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Staff Report re PC Recommending Approval of VTM 7385.
b. The map identifies Local Road with a 60’-0” right-of-way on the southern portion of Lots 8 and 9 with the proposed road continuing along Lots 9, 10, and 11 ending in a cul-de-sac. One of the mitigation measures adopted in conjunction with the approval of the General Plan Amendment and Rezoning required that vehicular access be provided to the adjacent property to the east.

4. Street Names: Street names are to be presented to the City Council on the tentative map. a. No Street name is proposed on the Local Street separating Lots 1, 2 from 3 and 4.

Street name shall be presented for approval by the City Council on the final map. b. Street name proposed for the southerly Local Road is Pawan Street and Gagan Court.

These names have not been vetted by the City to ensure that they do not create duplication nor conflict with other street names in the City.

2.b Compliance with Goals and Policies – Water Element: The City Council adopted an Optional Element to the General Plan – Water Element in 2019. This element established various goals and policies to foster sustainable water use behavior by the public and other governmental agencies. Various goals are to improve and emphasize catchment of storm water and rainwater; develop an urban forest, which will reduce ambient temperatures, sequester carbon dioxide, and reduce storm water runoff and improving the City’s esthetics. a. Goal 1.4 - Street Design and Implementation: Minor Arterial Streets and Local Roads shall be designed to create a tree lined and separated sidewalk in compliance with Goal

1.4. b. Goal 3.3 Storm Water capture and use will be promoted for all public and private projects. 3.3 Storm water capture and use will be promoted for all public and private projects. Policies collaboratively developed by the City and the water districts will be developed to decide how best to use captured storm water for non-potable water uses.

3.3.1 Storm water capture techniques will be utilized to comply with applicable NPDES requirements. The “Storm Water Quality Design Manual for Sacramento and South Placer Region” may be used as a model example as to how to design Low Impact Development (LID) for storm drainage facilities.

3.3.2 Low Impact Development (LID) designs will be used to capture and use stormwater.

Collaborative multi-benefit designs will be required.

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3.4 Managed Aquifer Recharge (MAR), the process of infiltrating or injecting water into aquifers under controlled conditions for later withdrawal, shall be encouraged. The Arvin Community Services District shall coordinate with the Arvin-Edison Water Storage District towards promoting ground water recharge up-gradient from the City of Arvin.

Specifically, this policy aids in the recharge of the aquifer that underlies Arvin and from which ACSD draws its water.

The above goals support Mitigation Measures 9-Water – Must receive will serve letter from Arvin Community Services District – prior to recording final map; 10-Prepare Master Storm Drainage System; and 12-Flooding – Compliance with Chapter 15.32 Floodplain Management; 9, 10, and 12 2.c Compliance with Goals and Policies of Housing Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development.

The General Plan Amendment and Rezoning created 15 acres for affordable housing development,

6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. a. Affordable housing opportunities: The creation of 15 acres for affordable housing opportunities supports the New Housing Construction Policies be adding the additional lands and implements the Mitigation Measures 1-New structures shall be subject to current building codes. 11-Seismic and Liquefaction – Construction to comply most recent Uniform Codes. 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees; 17-Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map; b. Housing No Net Loss Program: The creation of 15 Acres of Medium to High Density zoned lands provides compliance with this policy. The 2022 Housing Element Update will provide a replacement of 1 to 1 for the following pending amendments to the General Plan and Rezoning programs underway. The 15 Acres will accommodate:

Work Program for the Update of the General Plan Land Use Diagram and Zoning Diagram.

Project Area Proposed Work
Program
Action Plan
and
Compliance
with HE
Program 23
Housing Opportunity
Balance and compliance with
HE Policy Program 23
Ordinance No. 405 -
2012 – Rezoned 6
acres from R-1 to
R-3 Formerly APN
190-030-07.

Project area was
developed with
single family
residential units
Amend
General Plan
Land Use
Element to
reflect existing
density and
rezone the area
from R-3 to R1.
15 Acres of Medium and
High Density –
15-6= 9Acres
Gains compliance with HE
Policy
Initiate General Amend General Plan Amend 9 – 1.14 + 7.86 Acres Gains

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Plan Amendment
and Rezoning to
create consistency
with general plan
and zoning
and Rezone lands to
resolve historically
inconsistency with
the General Plan
Land Use Element
and zoning
designation.

General Plan
Land Use
Element and
Rezone
property -
Assessor
Parcel Number
192-121-44, at
800 Meyer
Street,
consisting of

1.14 acres
GP
Amendment
from Low
Density
Residential to
General
Commercial
and Rezone
from M-1 -
Light
Manufacturing
-to C-2
compliance with HE Policy.

Initiate General
Plan Amendment
and Rezoning to
create consistency
with general plan
and zoning
Amend General Plan
and Rezone lands to
resolve historically
inconsistency with
the General Plan
Land Use Element
and zoning
designation.

Assessor Parcel
Number 192-
121-45, at 580
Hanson Lane,
consisting of

1.28 acres GP
Amendment
from Low
Density
Residential to
General
Commercial
and Rezone
from M-1 -
Light
Manufacturing
-to C-2

7.86-1.28 = 6.58 Acres
Gains Compliance with HE
Policy.

Initiate General
Plan Amendment
and Rezoning to
create consistency
with general plan
Amend General Plan
and Rezone lands to
resolve historically
inconsistency with
the General Plan
Assessor Parcel
Numbers 190-
02-438 – 28.4
Acres. Land
transferred to

6.58 – 28.4 Acres
Leaves deficit of 21.82 Acres

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and zoning Land Use Element
and zoning
designation.

Kern College
District for
development of
Community
College for
educational
campus,
student
housing, and
associated
uses. Land
Area is
currently
general
planned and
zoned for
Medium
Density
Residential and
zoned R-3
Limited High
Density
Residential.

Assessor Parcel
No. 190-02-47
– 6.51 Acres –
under study to
amend GP
from PF and
Zoning from
CO-MUO and
R-3
(21.82) – 6.51= deficit of

15.31 Acres
Initiate General
Plan Amendment
and Rezoning to
create consistency
with general plan
and zoning
Amend General Plan
and Rezone lands to
resolve historically
inconsistency with
the General Plan
Land Use Element
and zoning
designation.

Assessor Parcel
No. 190-02-36
– 2.81 Acres –
under study to
amend GP
from PF and
Zoning from
CO-MUO and
R-3
(15.31) – 2.81= deficit of

12.5 Acres
Initiate General
Plan Amendment
and Rezoning to
create consistency
with general plan
and zoning
Amend General Plan
and Rezone lands to
resolve historically
inconsistency with
the General Plan
Land Use Element
and zoning
designation.

Implements HE
Goal 13 -
Initiate GP and
Pre-Zoning for
Lands with the
SOI adopted in
2019 by
creating
(12.5) – 25 Acres = Positive
residential land area of 12.5
acres.

6.B.7
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housing
opportunities
and economic
development
opportunities
within the
adopted Sphere
of Influence

2.d Economic Development Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. a. The project, VTM 7385, implements policies 1.1, 1.2, 2.0, 2.3.2, by creating 6.6 acres of commercial lands and 31.5 acres of industrial lands for future development The project provides for employment opportunities by the creation of lands for industrial and commercial business; promotes a positive community direction for the opportunity to achieve economic prosperity.

2.e Arvin Safety Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Safety Element creates policies and programs to provide for the safety and protection of life and property from the occurrence of a natural or manmade hazard.
a. The project implements and complies with Mitigation Measures 1-New structures shall be subject to current building codes; 2 -Ground Water Recharge; 10-Prepare Master Storm Drainage System; 11-Seismic and Liquefaction – Construction to comply most recent Uniform Codes; 12-Flooding – Compliance with Chapter 15.32 Floodplain Management; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees; 17-Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map; 18-Traffic/Noise Design Criteria Mitigation -construction of masonry walls, install landscaping and irrigation systems separating residential from commercial and industrial; 19-Traffic/Noise Design Criteria Mitigation – Disclosures to residential owners/developers that noise from industrial and commercial activities may occur..

2.f Arvin Noise Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Noise Element creates policies

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and programs to ensure that existing and future residents are protected from excessive noise and harmful sound. .
a. The project implements and complies with Mitigation Measures The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. Mitigation Measures 1-New structures shall be subject to current building codes; 5-Traffic Mitigation – dedication of road rights-of-way, noise attenuation walls, landscaping and irrigation systems; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 18- Traffic/Noise Design Criteria Mitigation -construction of masonry walls, install landscaping and irrigation systems separating residential from commercial and industrial; 19-Traffic/Noise Design Criteria Mitigation – Disclosures to residential owners/developers that noise from industrial and commercial activities may occur.

2.g Open Space and Conservation Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Open Space and Conservation creates policies and programs to ensure that existing and future residents have sufficient open space for recreational uses, adequate public services and provided and new development is energy efficient.
a. The project implements and complies with Mitigation Measures established in the Mitigation Monitoring Program . The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. The project will implement the following Mitigation Measures 2 -Ground Water Recharge; 9-Water – Must receive will serve letter from Arvin Community Services District – prior to recording final map; 10-Prepare Master Storm Drainage System; 12-Flooding – Compliance with Chapter

15.32 Floodplain Management; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees.

2.h Air Quality Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Air Quality Element creates policies and programs to integrate air quality, land use and transportation to reduce the emission of criteria pollutants and greenhouse gases from mobile sources. a. The project implements and complies with Mitigation Measures established in the Mitigation Monitoring Program The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. Mitigation Measures 1-New structures shall be subject to current building codes; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16- Recreation Dedication of Lands and/or Payment of Park Development Fees; 17- Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map.

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2.i Community Health Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Community Health Element creates policies and programs to improve the overall safety of the transportation system for pedestrians, cyclists, and all non-motorized roadway users, to improve environmental conditions through good transportation system design, to improve the community’s health by providing opportunities for physical activity through walking and bicycling. Strengthen social and mental well-being through neighborhood design.
a. The project implements and complies with Mitigation Measures established in the Mitigation Monitoring Program. The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. 3 – Proportional share of Traffic Signal 22% at Franklin Street and Derby Street; 4,- Traffic Mitigation – Payment of Traffic Impact Fees; 5-Traffic Mitigation – dedication of road rights-of-way, noise attenuation walls, landscaping and irrigation systems; 6 -Traffic Mitigation – Create internal street systems; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees; 17-Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map; 18-Traffic/Noise Design Criteria Mitigation -construction of masonry walls, install landscaping and irrigation systems separating residential from commercial and industrial; 19-Traffic/Noise Design Criteria Mitigation – Disclosures to residential owners/developers that noise from industrial and commercial activities may occur.

2.j Air Quality Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Air Quality Element creates policies and programs to integrate air quality, land use and transportation to reduce the emission of criteria pollutants and greenhouse gases from mobile sources. a. The project implements and complies with Mitigation Measures established in the Mitigation Monitoring Program The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. Mitigation Measures 1-New structures shall be subject to current building codes; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16- Recreation Dedication of Lands and/or Payment of Park Development Fees; 17- Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map.

2.k Land Use Element: The proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and 31.5 acres for industrial related opportunities. The Land Use Element creates policies

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Staff Report re PC Recommending Approval of VTM 7385.
and programs to ensure high community design, creates the opportunity for walkable communities; encourages economic opportunities through the commercial and industrial development; locate new housing in ways to create walkable communities and reduce greenhouse gas; provide for commercial and industrial uses that provide access to jobs and needed services while minimizing their negative impacts on surrounding communities; promote industrial sites that are functional, and have adequate public services and have access to major street and highways. a. The project implements and complies with Mitigation Measures established in the Mitigation Monitoring Program. The Mitigation Monitoring Program identified 19 Mitigation Measures prior to or concurrent with future entitlements. 3 – Proportional share of Traffic Signal 22% at Franklin Street and Derby Street; 4,- Traffic Mitigation – Payment of Traffic Impact Fees; 5-Traffic Mitigation – dedication of road rights-of-way, noise attenuation walls, landscaping and irrigation systems; 6 -Traffic Mitigation – Create internal street systems; 7-Sewer -design and implement sewer – a master sewer plan must be provided by the project engineer and must receive approval prior to the issuance of any building permits; 8 – Sewer - Sewer plans must be approved by the City; 9-Water – Must receive will serve letter from Arvin Community Services District – prior to recording final map; 10-Prepare Master Storm Drainage System; 15-Public Services Fund creation of Community Services District to fund future infrastructure and services; 16-Recreation Dedication of Lands and/or Payment of Park Development Fees; 17-Transportation – Bus Services – provide future bus stops and infrastructure – prior to approval of final map; 18- Traffic/Noise Design Criteria Mitigation -construction of masonry walls, install landscaping and irrigation systems separating residential from commercial and industrial; 19-Traffic/Noise Design Criteria Mitigation – Disclosures to residential owners/developers that noise from industrial and commercial activities may occur.

PROJECT ANALYSIS AND ENVIRONMENTAL REVIEW:

The purpose of the public hearing is to consider approval of a Vesting Tentative Map 7385 that implements the previous general plan amendment and rezoning of the project site. The land division, in addition to the creation of commercial and industrial sites, creates medium to highdensity residential lands that will accommodate affordable housing development. The Venting Tentative Map creates the lots for future development and the City is in reliance upon a previously adopted Mitigated Negative Declaration pursuant to Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164. under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project. The entitlements would allow for the land division of the 61 +/- Gross Acres into four (4) commercial lots; three (3) industrial lots, and three (3) high density residential lots and associated public improvements; including but not limited to street dedications and improvements, storm drainage detention basins, extension of sewer and water utilities.

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utilities, undergrounding of electrical service, storm drainage design and retention. New interior road system for the new created parcel and adjoining parcel to the east.

Environmental Determination – Addendum to the Previously adopted Mitigation Negative Declaration and Implementation of Mitigation Measures: Previously Adopted Mitigated Negative Declaration - the City Of Arvin is in reliance of a previously adopted Mitigated Negative Declaration (Resolution No. 2019-84 adopted October 22, 2019) prepared for General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measure is recommended to be imposed as applicable to the proposed Vesting Tentative Map 7385.

Staff has prepared an Addendum to Adopted Mitigated Negative Declaration, on-file at the Planning Office, for VTM 7385 Southeast Corner of Tejon Hwy (South Derby Street) and East Sycamore Road by the City of Arvin City Council on November 12, 2019. Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164. Staff is of the opinion that the mitigation measures adopted for the general plan amendment and rezoning qualifies for the issuance of an Addendum to the Mitigative Negative Declaration adopted by Resolution No. 2019- 84 dated October 22, 2029.

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The following findings and determinations regarding the above-described project meets the requirements of Sections 15162 and 15164 as follows:

2. The Addendum is recommended to be accepted as the appropriate environmental document for the proposed project.

4. No public notice is required for the adoption of the Addendum per Section 15164 ( c ); EXHIBITS AND ATTACHMENTS:
• A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve, Subject to Conditions and Exhibits A, B, & C for VTM 7385 and Adopting Addendum to the Previously Adopted Mitigated Negative Declaration and Adopting the Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Section 15162 and 15164. • Public Hearing Notice for Planning Commission Meeting of November 15, 2022.

NOTE: Correspondence and other supporting documents are on file at the Planning Division.

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Attachment: Attachment 2 - PC Staff Report Recommending Approval of VTM 7385_PC Mtg 111522 (Public Hearing: Vesting Tentative Map 7385

THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207

ORDER CONFIRMATION
Salesperson: LEGALS Printed at 11/17/22 11:24 by asanc−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 88624 Ad #: 123175 Status: New
CITY OF ARVIN/LEGALS Start: 11/21/2022 Stop: 11/21/2022 200 CAMPUS DR Times Ord: 1 Times Run: ***
ARVIN CA 93203 1LGL 3.00 X 116.00 Words: 715
Total 1LGL 348.00
Class: B0520 LEGAL NOTICES
Rate: LL Cost: 1553.92
# Affidavits: 1
Contact: Ad Descrpt: NOTICE OF PUBLIC HEARING
Phone: (661)854−3134 Given by: *
Fax#: (661)854−0817 P.O. #:

Email: [email protected] Created: asanc 11/17/22 08:36
Agency: Last Changed: asanc 11/17/22 11:24
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PUB ZONE EDT TP RUN DATES
CALC A 95 S 11/21
CWEB A 93 S 11/21
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AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)

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Attachment: Proof of Publication of Public Hearing Notice for VTM 6385 Bisla_CC Mtg 121322 (Public Hearing: Vesting Tentative Map 7385 SE

THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207

ORDER CONFIRMATION (CONTINUED)
Salesperson: LEGALS Printed at 11/17/22 11:24 by asanc−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 88624 Ad #: 123175 Status: New

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:

Arvin City Council Public Hearing Information
Date: December 13, 2022
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203 Description of the Project: The purpose of the public hearing is to consider approval of a Vesting Tentative Map 7385 and reliance upon a previously adopted Mitigated Negative Declaration pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164. under the California Environmental Quality Act (CEQA). The entitlements would allow for the land division of the 61 +/- Gross Acres into four (4) commercial lots; three (3) industrial lots, and three (3) high density residential lots and associated public improvements; including but not limited to street dedications and improvements, storm drainage detention basins, extension ofsewer and water utilities.

Improvements associated with the tentative map include but not limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and westside of Malovich Road. Extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention. New interior road system for the new created parcel and adjoining parcel to the east.

Environmental Determination: Previously Adopted Mitigated Negative Declaration - the City of Arvin is in reliance of a previously adopted Mitigated Negative Declaration (Resolution No. 2019-84 adopted October 22, 2019) prepared for General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measure will be imposed as applicable to the proposed Vesting Tentative Map 7385.

Upon conclusion of the hearing, the City Council may approve, conditionally approve, or disapprove of the proposed Vesting Tentative Map 7385.

Applicants: Agent: Scott Quintana
LAV/Pinnacle Engineering
Mailing Address: 13061
Rosedale Hwy.,
Suite G199
Bakersfield, CA 93314
Property Owner:

Bisla Farms
4215 Waterfall Canyon Drive
Bakersfield, CA 93313
Project Address: Projectsite is located at the Southeast corner of Tejon Highway (South Derby Street) and East
Sycamore Road.

Arvin, CA 93203
Assessor Parcel
No.
189-352-02 and 189-352-08
Zoning: Light Industrial - 32.89 Acres; C-2 General
Commercial - 8.01 Acres; R-2 Two-family
Dwelling - 13.46 Acres; , and R-4 Multiple
FamilyDwelling - 7.0 Acres
General Plan
Land Use
Designation
M-2 Light Industrial - 32.89 Acres; General
Commercial - 8.01 Acres; Medium Density
Residential - 13.46 Acres; , and High Density
Residential - 7.0 Acres
Additional information on the proposed project and proposed environmental finding may be obtained from the City of Arvin, City Hall, 200 Campus Drive, Arvin, California, 93203, or the City's web site at www.arvin.org.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

Cecilia Vela, City Clerk
Published: November 21, 2022, Bakersfield Californian
123175

6.B.8
Attachment: Proof of Publication of Public Hearing Notice for VTM 6385 Bisla_CC Mtg 121322 (Public Hearing: Vesting Tentative Map 7385 SE Staff Report Purchase of 2 Police Canines – Arvin Police Dept.

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CITY OF ARVIN
Staff Report
Meeting Date: December 13, 2022
TO: Arvin City Council
FROM: Alex Ghazalpour, Acting Chief of Police
Jeff Jones, City Manager
SUBJECT: Approval for Purchase of Two Police Canines, Program Startup Costs and Payment for Basic Handler Courses for the Arvin Police Department BACKGROUND:

On October 25th, 2022, City Council approved the implementation of a Police K9 Program and budget authorization for implementing the program. Staff from the Arvin Police Department have met with vendors for police dog procurement and training. The vendors visited were Gold Coast K9 in Ventura, California and Adlerhorst International in Jurupa Valley, California. After the visits, staff reviewed service proposals, and received quotes for the purchase of police canines, and cost for initial handler courses and certifications.

STAFF RECOMMENDATION:

Staff is recommending the City Council authorize the City Manager to purchase two (2) police canines and payment for each Basic Handler’s courses from Adlerhorst International of Jurupa Valley.

Adlerhorst International has been in business since 1976 and has supplied police service dogs to more than 500 law enforcement agencies throughout the world. Adlerhorst International provides the option of purchasing a titled dog that has proven experience and more flexible pricing options for the initial certifying courses. Adlerhorst International is currently under contract with other agencies in Kern County, including the Kern County Sheriff’s Department. With the working relationship in place already, this will help solidify a cooperative between local police canine teams in times of critical incidents and in terms of training and support. The opportunity for joint training is also possible thereby lowering costs for maintenance training, and travel expenses.

A well-managed and successful Police K9 Unit will be an essential asset to our department if staffed and used strategically. Arvin Police K9’s will assist with reducing Officer’s time in the searching for suspects, narcotics, explosives, or weapons. A Police K9 has been shown to reduce the need and incidents precipitating uses of force. Therefore, careful selection and recommendation coupled with a previous working relationship makes the recommendation to use Adlerhorst International the appropriate vendor for our program.

7.A.1
Attachment: Staff Report Purchase of 2 Police Canines_121322 (Purchase of 2 Police Canines, Program Startup Costs & Basic Handler Courses Staff Report Purchase of 2 Police Canines – Arvin Police Dept.

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FINANCIAL IMPACT:

The cost of each dog will be $20,200.00 which is inclusive of the Basic police K-9 Handler’s course. Sergeant Barker who is certified, knowledgeable and deemed an expert in the field of K9 narcotics detection will conduct the narcotics detection training in-house therefore offsetting and saving the police department for a savings of $11,400.00. We will see additional savings as well due to not having to pay for travel and per diem expenses for that course. The cost breakdown is attached to this report.

The total, approved by the City Council, for the purchase, training, equipment, and certifications to establish the Arvin Police K9 Unit is $86,000, not including monthly maintenance training and veterinary care.

ATTACHMENTS:

1. Proposal of services and expertise from Adlerhorst International.

2. Quote from Adlerhorst International.

3. Cost breakdown for training equipment and equipment.

7.A.1
Attachment: Staff Report Purchase of 2 Police Canines_121322 (Purchase of 2 Police Canines, Program Startup Costs & Basic Handler Courses

QUOTE ONLY
Date
11/21/2022
Quote #
073216
Name / Address

ADLERHORST INTERNATIONAL LLC
3951 Vernon Ave.

Jurupa Valley, CA 92509
Total
Subtotal
Sales Tax (7.75%)
Qty Description U/M Cost Total
Titled Police Service Dogs are finished and proven in
European dog sports such as KNVP, IGP, or IPO. Because
of our procurement methods, all of our dogs are guaranteed against all congenital issues for 12 months, and performance guaranty for 12 months if handler and dog are being trained by Adlerhorst . 6 month performance guaranty for Agencies conducting their own basic handler courses. E-Collar
training attended within one year of purchasing a dog will void our warranty.
• ( Malinois, German Shepherd, Dutch Shepherd)
(No money refund)
1 14,500.00 14,500.00T
1 Basic Handlers Course # ea 5,700.00 5,700.00
1 ea 5,700.00 5,700.00 Narcotics Detection Course #
All merchandise subject to California sales tax.
*Quote is valid for 60 days from date of Quote*
$27,023.75
$25,900.00
$1,123.75

7.A.2
Attachment: Quote from Adlerhorst Intl LLC_K9 and Courses (Purchase of 2 Police Canines, Program Startup Costs & Basic Handler Courses ADLERHORST INTERNATIONAL, LLC.
3951 Vernon Avenue * Jurupa Valley, CA 92509
Tel: (951) 685-2430 * Fax: (951) 685-3630 * Email: [email protected] www.Adlerhorst.com
Proposal
Adlerhorst International LLC
3951 Vernon Ave.

Jurupa Valley, California 92509
Tel: 951 685 2430
Fax: 951 685 3630
E-mail: [email protected]
Proposal for Police Service Dog and Training
Thank you for your interest in Adlerhorst International LLC. We are a family owned business situated on 7½ acres in Western Riverside County, California.

Our principal owner/operators are Dave & Pip Reaver and Michael & Veronique Reaver.

Since 1976, we have provided quality Police Service Dogs to over 500 law enforcement agencies in the United States and several foreign countries. We have evolved into being one of the largest private Police Dog Schools in the world. During this era, we have introduced many theories and techniques that are considered industry standard.

Instructor Staff
We offer an optimal combination of law enforcement and canine experience. All our staff has a minimum of 10 years’ experience training police service dogs. Additionally, we have a continual training program for new instructors. Three of our instructors are former police canine supervisors and four are former handlers with law enforcement agencies. Our instructors are certified California P.O.S.T. evaluators, as well community college instructors.

Our training director, Michael Reaver, has over 45 years’ experience both in the United States and in Europe training dogs; 35 of those years are police service dog training. He has a Lifetime Teaching Credential from the State of California with a specialty in Police Science

7.A.3
Attachment: Proposal from Adlerhorst Intl LLC for Police Service Dog and Training_121322 (Purchase of 2 Police Canines, Program Startup Service Dog Procurement
We are the innovators of procuring dogs with a strong genetic as well as a working background. From inception, we purchased dogs with a European working title, hips, backs and elbows x-rayed and a vet check done personally in Europe prior to shipping.

We have a vehicle in Europe capable of transporting 17 dogs, as well as a trailer for an additional 10. We lease kennel facilities in Holland capable of holding 40 dogs.

Procurement trips are made every 6 weeks. Each dog is tested comprehensively by Michael Reaver. All European titled dogs are not equal. Our testing process is conducted on neutral turf, often in a building. Many European handlers / trainers consider our testing process the most comprehensive they have observed. The techniques and testing standards we introduced over the years have caused many European agencies to reassess their testing and procurement policies.

Because of our procurement methods, all our dogs are guaranteed against all congenital issues for 12 months, and performance guaranty for 12 months if handler and dog are being trained by Adlerhorst. 6-month performance guaranty for Agencies conducting their own basic handler courses. (No money refund) Training
• All our classes are community college credit classes sponsored by Santa Ana Community College.
• Currently we are the only presenter of a 24-hour California P.O.S.T. certified recertification class. • Our 240-hour basic patrol class is based on a comprehensive published standard. The program has been tested 50+ times in court with a 100% success rate! Graduate teams are guaranteed to meet any required National or International standard.
• Our detection classes include narcotics, explosive, arson and cadaver training.

All licenses are in place from DEA and ATF, as well as a CHP license to transport explosives.
• We offer a 16-hour agitator class that not only teaches proper techniques but behavior theories as well. A limited advanced agitator class is available also. • Additionally, we offer a monthly maintenance program either on site in Riverside or off site as required. Currently we train in multiple areas in California, as well as Arizona, New Mexico and Texas. An informational brochure describing this service is on our web site.

7.A.3
Attachment: Proposal from Adlerhorst Intl LLC for Police Service Dog and Training_121322 (Purchase of 2 Police Canines, Program Startup Vendor Item Cost Number Total
Adlerhorst Dual Purpose Titled Dog $ 14,5002 $ 29,000
Adlerhorst Basic Handler Course $ 5,7002 $ 11,400
Bite Suit $ 1,7501 $ 1,750
Neoprene Gauntlet $ 452 $ 90
Leather Muzzle $ 3002 $ 600
4' Leather Leash $ 602 $ 120
Garmin Pro 550 E-Collar $ 4002 $ 800
Zero 9 Kydex Remote Holder $ 472 $ 94
6' Leather Leash $ 702 $ 140
30' Long Line $ 502 $ 100
Black Fur Saver $ 302 $ 60
Buddy Bowl $ 302 $ 60
SS Bowl $ 192 $ 38
SS Water Buckets $ 234 $ 92
K9 Storm Harness $ 2502 $ 500
Black Pinch Collar $ 502 $ 100
Tugs $ 206 $ 120
Leather Hand Protector $ 1551 $ 155
German Arm $ 2502 $ 500
Sleeve Covers $ 654 $ 260
SS Collapsible Crate $ 1,0004 $ 4,000
American Aluminum Vehicle Kennel Insert $ 2,5002 $ 5,000 AceK9 Vehicle Heat Alarm $ 1,2002 $ 2,400
Ray Allen Scent Boxes $ 6002 $ 1,200
Ray Allen Narcotic Safe Kit $ 4802 $ 960
E-Lusive 2.0 ID Collar $ 762 $ 152
KongKomb Deshedding Brush $ 252 $ 50
Taste of the Wild Food $ 59 24 $ 1,416
Pooper Scooper $ 252 $ 50
Priefert Home Kennel $ 8622 $ 1,724
Concrete Pad for Home Kennel $ 7502 $ 1,500
Tax (8.25%) $ 5,316
Hotel for Basic Course (5 Weeks) $ 4,5002 $ 9,000
CNCA Membership $ 452 $ 90
CNCA Cnnual Conference $ 1,0002 $ 2,000
LACPCA Membership $ 252 $ 50
LACPCA Annual Conference $ 1,0002 $ 2,000
K9 Competitions (5 Per Year) $ 2,0002 $ 4,000
Grand Total $ 86,887
Stiern Vet Veterinary Care $ 5,0001 $ 5,000
Adlerhorst Annual Maintenance Training $ 3,5002 $ 7,000

7.A.4
Attachment: Arvin Police K-9 Equipment Cost Breakdown with Vendors (Purchase of 2 Police Canines, Program Startup Costs & Basic Handler

Arvin City CouncilDecember 13, 2022

Arvin City Council
December 13, 2022